By: Andrea Cannavina (a/k/a LegalTypist) · unit to a computer, generally through a USB cable or a cradle. A user guide and software included with the recorder usually contain instructions

www.solo-firm.com www.legaltypist.com

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Digital Dictation 101

By: Andrea Cannavina (a/k/a LegalTypist)


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Why Dictate?

Speaking is faster. Don’t care how fast you type. You can talk faster.

Get more stuff done. It’s not just “documents” when you dictate – if you can intelligently

formulate a request and speak it – you can delegate it. To an in house/digital/virtual

assistant – a team member – whoever you set up your digital workflow to assist you in

the business you run.

In his groundbreaking work Getting Things Done, David Allen lists "dictation" as one

way to get what is in your head out and useable. In fact, speaking is the fastest and

most efficient way to get information in some useable form. Why?

I remember reading a stat once that said speaking is 7x faster than hand writing and 4x

faster than keyboarding for the average typist. In other words, you can speak much

faster than you can write or type.

So you type fast – with more than 4 fingers. Good for you! Do you like being the only

person charged with manipulating that software or creating those documents,

spreadsheets and what not or do you think a good proof reading before you

block/copy/paste into your blog or letterhead or whatever would suffice?

However, just because David Allen says it,

that is not the only reason dictation is a great

way to get your work done. Dictation to

transcription has been a business process

mainstay literally for centuries. From

boss/thinker/employer to assistant/secretary/

person that makes it so – for so long as there

have been bosses, there have been those running behind taking notes and getting the

work done.


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It was in the 1970’s that the process went from a boss speaking their needs to another

human being frantically scribbling in Gregg or Pittman (steno) to recorded on tape.

The productivity gains experienced were enormous. By not requiring the presence of

their secretary, attorneys and professionals could get their work done from anywhere -

so long as they had their recorder, fresh tapes and batteries. The evolution of the

dictation/transcription process is to remove the tape and make the dictation digital.


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Tape vs. Digital

As previously stated, tape based dictation was a definite improvement to the business

process of dictation/transcription. Not only did it liberate dictators from their offices,

assistants were no longer tied up for hours “taking dictation” and the time consuming

task of transcribing could be fit into a generally always hectic day. Other office tasks

and responsibilities, including taking calls, speaking with clients/adversaries/clerks and

the courts, following up with associates, getting a check for the printer for the Appellate

Brief that is supposed to be out the door by noon… that kind of stuff… took precedent

and the other stuff on the tape could wait. If there was a priority, it would get dictated on

a fresh tape.

So, while recorded dictation was an

improvement to the process, it still left one huge

problem: the tape.

Think about it. When was the last time you saw

a new car roll off the assembly with a tape

cassette? What about movies at home – you

using a tape to view them? I don’t think so!

That’s because tapes have issues – the first and foremost for this discussion a tape is a

physical something that requires the dictator and transcription to at some time be in the

same location. Yuck! ;)

Of course, there’s also the physical things which can happen to a tape – it can get

mangled or broken – which is bad enough as you have to re-dictate the work; however,

it can also get lost, which can raise client confidentiality concerns.

Last, tapes are not the easiest to work with in terms of managing a workflow – whether

it is the workflow of one or many.


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What Do You Need To Get Digital?

Unlike many of the legal tech consultants I’ve spoken with, I don’t think you mold the

people to a process. Getting people to change even the device they hold in their hand

is hard enough! In my world, you begin by asking or simply noticing how best you or

your firm’s dictators prefer to work – while behind their desks or while on the go.

Once you have this piece of the puzzle, what you need to get started is simple and not

expensive. Even larger firms can implement digital dictation with very little up front

costs; provided the set up is implemented correctly.

I. TELEPHONIC OR DIAL IN DICTATION

A toll free number is dialed, a pass code punched in and work is dictated into the

receiver or speaker of a standard telephone, using the key pad to control the recording

functions (play, rewind, insert, etc.). Upon completion of the call, the digital file created

is routed through the internet to a secretary, virtual assistant or transcription company.

Dial in dictation has many benefits, including:

• no capital expenditure for equipment or software;

• no learning curve for portable recorder or dictation software;

• 24 hour service availability;

• ability to dictate from anywhere there is a phone, including while traveling;

• works as well for single professionals as it does for large corporations.


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II. PORTABLE RECORDERS

Portable digital recorders can be located in any electronics or office supply store,

catalog or website. They range in price from as little as $50.00 to $500.00 and up. Along

with the recorder, software is provided for the transfer of the digital file created by the

unit to a computer, generally through a USB cable or a cradle. A user guide and

software included with the recorder usually contain instructions and a tutorial.

Dictating is fairly straight forward and quite similar to an analog (tape) recorder. When

purchasing a unit, note button size, shape and location. Be certain that the unit is not so

small, or button placement so awkward that it is uncomfortable to use. Also be certain

that the recorder has all the functions needed. Some less expensive models, for

instance, do not have the ability to insert - that quick rewind to go over what you just

said to say it better. Research all the model's functions before you purchase!

Once a digital file is created and uploaded to a PC, it is ready to be sent through a

company's network, direct upload to a transcription service provider or over the internet

to a virtual assistant.

Be careful! Many portable software units require the purchase of proprietary

transcription software and equipment such as a foot pedal. Make sure your unit can

create a .dss or .wav audio file type.

The two recorders I recommend which have a thumb slide switch

are the Philips 9600 and Grundig Dicta 420 with its color screen

(good for low light viewing).


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III. DIGITAL DICTATION SOFTWARE

As with many types of software, development of digital dictation applications range from

basic to the extremely comprehensive and industry specific. Most dictation software has

a free trial period (usually thirty days) and can be downloaded directly from a

developer's website. In a nutshell, digital dictation software turns a computer's

microphone, speakers, mouse and monitor into a dictation machine. Just as with a

portable unit, when the file is complete, it is ready for transfer through your company's

network or over the internet to your transcription provider.

Should you invest in a portable recorder, PC-based software, or use a transcription

service and toll free number? Each situation is unique and requires consideration of

many factors, including your company's needs, size, volume of work and technology

comfort level.

Of course, everyone already cares for, charges and carries around so many devices so

you should check with the manufacturer of your portable mobile device to see if they

have an app for dictation. The only item you need to address is making sure the

information is transferred from that device to your assistant securely.


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How To Dictate:

What about those who have never

dictated?

Think you can’t learn??

My largest client went from a little

over 50 to over 75 attorneys during

the years when everyone else was

laying attorneys off. The first thing

they do is sit new hires down with a

recorder and explain how every job – not matter how big or small – if it goes out on firm

letterhead, it’s dictated. Attorneys and in house staff are to be proof reading and

finalizing documents – not typing them.

Now, I’m not saying this one client’s success is because of the process I helped put in

place to get the work done – but I’m sure that my process is a part of the overall

reasons for the success of the firm.

So back to those who may never have dictated.

Just as you do not innately know how to use a computer, or write, dictation is a learned

skill and it can be put to good use by anyone to increase their personal productivity.

For those just starting out, here are a few tips:

• Organize your thoughts and documents before you begin. Some find it

helpful to make an outline prior to starting their dictations.

• Do not begin speaking for at least 1-2 seconds after you have pressed the

“record” button and do not press the “stop” button for at least 1-2 seconds

after you have completed your final syllable.


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• Begin your dictation by letting the typist know what s/he can expect.

Specify the type of document you would like prepared and how you would

like that document to be formatted (as a letter, memo to file, pleading, etc.)

• Speak clearly and slowly and be sure to clearly articulate unfamiliar words,

names or terms d’art. Which you should also spell.

• When spelling out words, say the word, spell it, then say it again. When it

comes to spelling, it is important to articulate letters in the alphabet that

sound similar, such as “m” and “n”.

• Any special commands, such as underlining or bold, say before the words.

So give the command: “begin bold” blah blah blah and to end the

command, say: “end bold”. Example:

This is an example.

You would say: “bold centered this is an example period end bold.”

• It is better to give commands before the words you want affected. So

Getting Things Done would be dictated as: “begin italics, initial cap, getting

things done… end italics”.

• Dictate punctuation such as “period”, “comma” and “new paragraph”.

• When dictating numbers always say zero instead of “o”.


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Dictating Numbers

0 is always “zero” not “o” or “oh”

1,000 one thousand

1967 nineteen sixty seven

3.17 three point one seven

52,487 fifty two thousand four hundred eighty seven

Common Dictation Commands:

. period ( open parentheses

, comma ) close parentheses

: colon ; semicolon

¶ new paragraph → Indent

@ at symbol & ampersand

§ section symbol / slash

Special formatting:

Headings:

TO GET THIS HEADING STYLE

Say: “heading bold centered underlined all caps – Here’s where your words go – new

paragraph”


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Numbered Paragraphs

Numbered paragraphs are common, especially in legal transcription. You can say:

“Next numbered paragraph” – rather than keeping track of each paragraph.

Additionally, you should instruct your typist to use automatic paragraph numbering –

“Please use automatic paragraph numbering” will suffice. This way, should you make

revisions that impact the numbers, the document will automatically adjust.

Cites:

Legal case sites are either underlined or italicized. If you explain your preference at the

start of the dictation, your transcriptionist will already know which to use and you can

just dictate each cite without the instructions.

Quotes

A quote is usually surrounded by quotation marks. “If this is what I wanted.” I would say

“open quote if this is what I wanted period end quote”

If a quote is more than a line and half long, it should be indented. Once indented, a

quote does not require quotation marks. All quotes should give a cite. This cite is not

contained within the indent. For example:

I’m quoting myself saying this stuff to you. I’ve decided to ramble on much longer than a line in explaining this concept. Now I’ve created a quote too long to be left as part of the text. This is what it looks like when it’s indented.

Andrea Cannavina, Digital Dictation 101.

To get this type of quote, you’d say:

Quote. Single space, indent both margins. Here’s where the language of your quote

goes … return to margin. Andrea Cannavina, Digital Dictation 101”.


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Additionally, once you establish a relationship with the person(s) doing the transcription,

you are not limited to dictating straight text/documents. When it’s a live, thinking brain

on the other end, you can dictate instructions, billing notations, calendar entries…

almost anything you need done.

With time every dictator improves and becomes comfortable dictating.

The practice of law itself generates a great deal of paperwork—even in a firm of one!

Single attorney practices and small firms can’t help but to generate large amounts of

specialized documents.

Digital dictation is the way to work in the here and now—and all the way into the future.

It can help modernize and simplify your entire document workflow. Going “digital” saves

your business time and money, and increases the efficiency of each attorney.

Free your firm dictators from so much more than just tapes – use reliable, secure,

scalable, easy to implement and cost saving digital dictation technology to free your

firm’s attorneys from their desks and offices too!

Documents

By: Andrea Cannavina (a/k/a LegalTypist) · unit to a computer, generally through a USB cable or a cradle. A user guide and software included with the recorder usually contain instructions