Legal Placement Services: Information Regarding Court Reporters

While most people might not think that The Wild Wild West, Billy the Kid, and Wild Bill Hickok might not have anything to do with reporting or legal placement services, in a way they do. What they have in common is their timing, because 1893 was when the first idea of coming up with a national court reporting association (NCRA) came to mind. The idea came to fruition in 1899 in Chicago where the National Shorthand Reporters Association (NSRA) held their first meeting. About the year of 1927, the NSRA set their first code of ethics and allowed women to take a more active role in the profession.

Enough about the history, some people who might be considering this career path might be more curious about the types of court reporters there are and the certifications required. The information below will describe these two pieces of information about court reporters.

Types of Court Reporters

A court reporter is often referred to as a shorthand reporter, a law reporter, or a stenotype operator, all of which have the same definition of transcribing the happenings of trials. No matter what the profession is called, there are different career paths the professional can advance toward with the right training. Some of the different types of court reporters that require this training include Registered Professional Reporters (RPR), Registered Merit Reporters (RMR), Registered Diplomat Reporters (RDR), Certified Realtime Reporters (CRR), Certified Broadcast Captioner (CBC), Certified Legal Video Specialists (CLVS), and Certified Program Evaluators (CPE).

Those who think technology would eliminate the profession are obviously wrong because while technology provides a sense of better accuracy those recordings or videos still need to be transcribed. Many court reporters choose to work as freelancers because along with working for law firms, they can work for television companies by transcribing captions for the hearing-impaired.

Types of Required Certifications

The Nationally Recognized Certification has been administered to court reporters since 1937. Additionally, the RPR has replaced the licensing exam (also known as the state certification) in 22 states. As previously mentioned there are many different types of reporters, but some of them are simply different levels of certification:

  1. Registered Professional Reporters (RPR) – The first level of certification that holds about 11,000 certified professionals.
  2. Registered Merit Reporters (RMR) – 2,100 professionals claim this second level certification spot.
  3. Registered Diplomate Reporters (RDR) – 450 have reached this third certification level.

Becoming certified might be challenging with all the different accuracy and type-speed requirements, but it provides a number of benefits. For one, certifications give professionals more opportunities because it shows the professionals’ level of commitment to their profession. It also gives them the opportunity to build their skillset and enhance their credibility.

While the process of becoming a court reporter might be frustrating and challenging, it has its benefits and many different career options. If this article has not provided enough information for professionals who are looking to pursue a career in this profession, the interested professional should contact local legal placement services or NCRA.org for more information.

Consumer Law Report Blasts For-Profit Colleges for Private-Label Student Loans

A new report issued in January by the National Consumer Law Center accuses for-profit colleges of saddling their students with unregulated private-label student loans that force these students into high interest rates, excessive debt, and predatory lending terms that make it difficult for these students to succeed.

The report, entitled “Piling It On: The Growth of Proprietary School Loans and the Consequences for Students,” discusses the boom over the past three years in private student loan programs offered directly by schools rather than by third-party lenders. These institutional loans are offered by so-called “proprietary schools” – for-profit colleges, career schools, and vocational training programs.

Federal vs. Private Education Loans

Most loans for students will be one of two types: government-funded federal student loans, guaranteed and overseen by the U.S. Department of Education; or non-federal private student loans, issued by banks, credit unions, and other private-sector lenders. (Some students may also be able to take advantage of state-funded college loans available in some states for resident students.)

Private student loans, unlike federal undergraduate loans, are credit-based loans, requiring the student borrower to have adequate credit history and income, or else a creditworthy co-signer.

The Beginnings of Proprietary School Loans

Following the financial crisis in 2008 that was spurred, in part, by the lax lending practices that drove the subprime mortgage boom, lenders across all industries instituted more stringent credit requirements for private consumer loans and lines of credit.

Many private student loan companies stopped offering their loans to students who attend for-profit colleges, as these students have historically had weaker credit profiles and higher default rates than students at nonprofit colleges and universities.

These moves made it difficult for proprietary schools to comply with federal financial aid regulations that require colleges and universities to receive at least 10 percent of their revenue from sources other than federal student aid.

To compensate for the withdrawal of private student loan companies from their campuses, some for-profit colleges began to offer proprietary school loans to their students. Proprietary school loans are essentially private-label student loans, issued and funded by the school itself rather than by a third-party lender.

Proprietary Loans as Default Traps

The NCLC report charges that these proprietary school loans contain predatory lending terms, charge high interest rates and large loan origination fees, and have low underwriting standards, which allow students with poor credit histories and insufficient income to borrow significant sums of money that they’re in little position to be able to repay.

In addition, these proprietary loans often require students to make payments while they’re still in school, and the loans can carry very sensitive default provisions. A single late payment can result in a loan default, along with the student’s expulsion from the academic program. Several for-profit schools will withhold transcripts from borrowers whose proprietary loans are in default, making it nearly impossible for these students to resume their studies elsewhere without starting over.

The NCLC report notes that more than half of proprietary college loans go into default and are never repaid.

Recommendations for Reform

Currently, consumers are afforded few protections from proprietary lenders. Proprietary school loans aren’t subject to the federal oversight that regulates credit products originated by most banks and credit unions.

Moreover, some proprietary schools claim that their private student loans aren’t “loans” at all, but rather a form of “consumer financing” – a distinction, NCLC charges, that’s “presumably an effort to evade disclosure requirements such as the federal Truth in Lending Act” as well as a semantic maneuver meant to skirt state banking regulations.

The authors of the NCLC report make a series of recommendations for reforming proprietary school loans. The recommendations advocate for tough federal oversight of both proprietary and private student loans.

Among the NCLC’s favored reforms are requirements that private student loan companies and proprietary lenders adhere to federal truth-in-lending laws; regulations that prohibit proprietary loans from counting toward a school’s required percentage of non-federal revenue; implementing tracking of private and proprietary loan debt and default rates in the National Student Loan Data System, which currently tracks only federal education loans; and centralized oversight to ensure that for-profit schools can’t disguise their true default rates on their private-label student loans.

Other proposed reforms the NCLC supports include modification of federal bankruptcy laws and expansion of federal college loan debt relief programs.

The NCLC argues for a modification of current bankruptcy laws that would allow student borrowers to discharge onerous student loan debts in a bankruptcy petition without having to meet the current, nearly-impossible-to-satisfy “undue hardship” tests. Amidst more relaxed bankruptcy rules and strengthened non-bankruptcy alternatives, the NCLC maintains, fewer borrowers would find themselves hopelessly mired in student loan debt.

What Are Effective Case Law Citations in Essay Writing?

In view of the problems that many students all too often experience in this area, in this brief article I look to now take you through the intricacies of referencing case law in all subjects with a legal element to their study in the UK in particular. Therefore, this will prove especially useful for those studying English law or any subject areas with an English law element when writing your work.

With this in mind, when looking to cite case law in your work it is necessary to consider the traditional form of referencing case law for essay writing in legal subjects that looks to provide –

(a) Name of Case

This should be printed in italics or underlined (do not highlight or use different coloured ink)

(b) Year

This should be in square brackets [1992] or round brackets (1957). The majority of modem law reports use square brackets indicating the year is an integral part of the reference, but some series also adopt a system of volume numbering that runs consecutively through the series in which case the year is in round brackets and simply indicates the date the judgement was given.

(c) Volume Number

Many reports have several volumes each year numerically. As a result, the year will be in [square brackets] and will be an integral part of the reference, whilst those case law series that are numbered consecutively from the beginning will have the year in (round brackets).

(d) Abbreviation for the Series

This indicates the series in which the law report is published – the All England Reports (All ER) is very popular. For your further information a full list of abbreviations can be found in Raistrick. D. S (2007) ‘Index to Legal Citations and Abbreviations’ 2nd Edition, London, Bowker-Saur or in the monthly parts and yearbook of ‘Current Law’.

(e) Page Number or Case Number

The page number is the number within the volume of the report where you will find the case.

Since 2001 some series have started using unique numbers of each case within each year. Therefore, for example, ‘[2005] 2 Cr. App. R. 4’ refers to the fourth case of volume 2 of Criminal Appeal Reports 2005.

At the same time, however, recent reports also number each paragraph, so that the precise point in the case may be cited. As a result, this is especially useful if you are quoting directly from a particular judgement. At the same time, however, it is to be appreciated that, in the past, particular passages could be identified by reference to the letter to be found in the margin.

(f) [Optional] Court

On this basis, it is always important to know which court made the decision and it is good practice to develop the habit of including an indication of the court at the end of the reference – for example, House of Lords (HL) and Court of Appeal (CA).

Examples – There are generally too forms of case law decisions to be cited –

(i) For civil case law decisions in a case like ‘Johnson v Phillips [1975] 3 All ER 682’, by way of illustration, it is usually the claimant (plaintiff) v defendant. As a result, the ‘v’ stands for ‘versus’ or ‘against’, whilst the case is normally referred to in direct speech in a court scenario, for example, as ‘Johnson & Phillips’.

(ii) For criminal case law decisions in a case like ‘R v Lynch (1966) 50 Cr. App. R. 59’, by way of illustration, it is usually the Crown v the defendant. Moreover, as well as the ‘v’ standing for ‘versus’ or ‘against’, ‘R’ stands for ‘Rex’ (‘the King’) or ‘Regina’ (‘the Queen’). This case would then usually be referred to in direct speech in a court scenario, for example, as the ‘Crown against Lynch’ or just ‘Lynch’.

Neutral Citations

Moreover, it is also to be appreciated that, from January 2001, there has been an alternative method available for effectively referencing cases that was introduced to cope with the growth in the number of online reports that also proves very useful for the essay writing process. As a result, all of the case law decisions from the High Court and Court of Appeal have been assigned unique numbers so as to then be able to more easily identify the case since this new method of case citation for academic work also uses paragraph numbers within the case citation itself as part of the essay writing process in this area.

Example:

Grobbelaar v. News Group Newspapers Ltd [2001] EWCA Civ 1213.

Therefore, all case law is to be cited by the name(s) of the parties followed by the medium neutral citation in the essay writing process. Moreover, as well as the year when the case was cited, the reference in essay writing not only shows the legal jurisdiction, but also the court, the division of that court, the reference number assigned to the case by the official court shorthand writers, and (also often) a paragraph reference.