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Why Would an Attorney BUY the Trial Transcript During Your Trial?


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1/2/2018
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Maybe as a souvenier?
Maybe to show his kids, years later?
Maybe to put it on his website?

The answer is no, no and no.

None of those are the real reasons a trial lawyer will purchase the trial transcript in your medical malpractice case here in New York.

Ok.

Maybe the attorney wants to frame it and put it in his conference room.
Maybe the attorney wants to send it to the news media.
Maybe the lawyer wants bragging rights in his office about the questions he asked.

Sorry. Those aren't the answers either.

Here's the scenario...

You were injured by a careless doctor.
You brought a lawsuit against him.
You claim that he violated the basic standards of good medical care.

Your doctor, whom you once loved, laughs at your lawsuit.
"Why are you suing me? I did nothing wrong," he argues.
Then, he says "Even if I did something wrong, so did YOU!" he charges.

Then, he says "If I did something wrong, whatever I did, did NOT cause you harm," he argues.
Then, to make matters even worse, he says "If I was careless and caused you harm, your injuries are not as bad as you claim!"
"ARGGHH!!" you want to scream.

You also learn from your attorney that your doctor refuses to acknowledge he did anything wrong and is refusing to negotiate.
"We'll see you at trial," his attorney tells your attorney.
That means it will take two to three years to actually get to trial.

A jury trial where six members of the community will decide if you are more likely right than wrong.
When you get to trial, you'll notice how the courtroom is set up.
There's a table for your lawyer, usually closest to the jury.

There a table for the defense lawyer, usually farther away from the jury.
There's a section in the courtroom just for the jury to sit and observe the proceedings.
You know where the judge sits; you don't need me to tell you that.

There's a chair next to the judge, for the witness to testify.
Then you notice there's a chair and some device on a tripod right in front of the witness' chair.
The device looks strangely like a typewriter, but more compact.

When the trial starts, you notice someone sit down in that chair and type on that device.
This person is typing furiously every time someone says anything in the courtroom.
You learn that this is the court stenographer, also known as the court reporter.

She is there to record EVERYTHING that is said in the courtroom.
She will record the judge's every word.
She will record every word your attorney says.

She will document every word the defense lawyer says.
Importantly, she will record every word the witness says.
If needed, an attorney can purchase those recordings from the court stenographer.

Lawyers call this 'daily copy' or daily transcripts.
At the end of each day, the court reporter will transcribe the recordings she made in shorthand on her machine.
Those transcribed recordings are turned into a trial transcript.

An attorney can buy portions of the trial transcript or all of it.
Having the actual transcript is extremely useful during cross examination of a witness.
It's also helpful to show to your medical experts who will be testifying soon and who are not in court listening to the daily testimony.

Having a word-for-word transcript is also helpful during closing arguments. How?
I can now show the jury the exact words the defense lawyer used to promise the jury something.
I can show how the opposing attorney has failed to live up to his promises that he made at the beginning of your case.

To learn more about daily transcripts, I invite you to watch the quick video below...



Category: Medical Malpractice

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Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer

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