Using a Digital Audio Recorder in Your Practice

Gary Weingarden, a lawyer in Michigan, writes about how he uses a digital voice recorder in his practice and the benefits of owning one.

My father used a Dictaphone to create his documents. He needed a secretary with special transcription equipment to get those documents onto paper. Once he got the draft back from his secretary, he’d mark it up and give it back to her with changes—because of both transcription errors and because things always look different written down. These days, I would not be without the modern equivalent of the Dictaphone—the digital audio recorder—which I find has multiple uses.

For instance, I take it with me to depositions where I capture those things that don’t get transcribed. One time, opposing counsel began raising his voice and badgering my witness. I objected and as he continued his tirade against me, I pushed my digital recorder a little closer to him and he shut right up. He realized that the judge would be able to hear everything he was saying if he filed a motion against me.

I also use this technology for recording witness statements. If I’m out of town, it’s very simple to download the audio files and email them back to the office for transcribing. When I’m reviewing documents or doing inspections, I will often make an audible record of my impressions on the digital audio recorder, so I don’t forget them, in the same way I would have, in the past, taken notes.

Most digital recorders offer hundreds of hours of recording time. Long recording times are great, but they come at a cost. Always make sure that the available time for high quality recordings is sufficient for your needs. Compressed formats (the ones that permit the highest recording times) discard parts of the recording. The manufacturers say you won’t notice the difference, and that’s probably true. But if you need to enhance the recording later on, you’ll want as much of the original data as possible. The ideal formats to use are an uncompressed WMA (Windows Media Audio) format or the Audio Interchange File Format (AIFF).

Similarly, a stereo recording preserves more data than a monaural one. On the other hand, it takes up to twice as much storage space. If you buy a recorder with stereo microphones, you should probably use the feature whenever you can.  That said, if you need a longer recording time—jettison the stereo.

Always remember to test a recording before you start the live one, and carry around plenty of spare batteries. You don’t want to miss an important part of a witness statement or a judge’s summing up because your batteries are low or you’ve made an error in setting up the recorder.

Digital audio recorders cost around $150-$200.

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