Connect Series: Meet Systems & E-Trials Director Brandan Berry

Brandan is an IT professional with over 10 years of experience. After working with Reportex on a contract basis, he joined our team full-time to assist with our expansion into e-trials and other technologies.

Brandan successfully developed and implemented a fully supported e-trial platform for a paperless trial of over 150 days (with no down days caused by tech failures). He was also integral in facilitating the virtual attendance of a realtime court reporter into an onsite trial in a BC courtroom.

When Brandan isn’t staying on top of the latest tech or building computers, you can find him downhill mountain biking in the BC wilderness.


You were the guy when it came to facilitating and building the platform for the recent Saik’uz e‑trial. What are you most proud of about building the e-trial platform?  

If I had to choose one thing in particular that allowed everything else to succeed, it would be the reliability of the entire system. With 151 days in a row without any downtime caused by the e‑trial system, it allowed our technician to be successful in their job every day; it allowed the plaintiffs and defence to argue their cases without breaking their flow and affecting their impact; and it allowed a judge who was hesitant to use technology to be introduced to and thrive with the e‑trial system.

The e-trial system itself was reliable as it worked with or without internet, so if the internet went down, the trial could continue. All data had an onsite and offsite encrypted backup, with per-file versioning rollbacks, if needed, so the chance of losing data was little to none.

We even ensured cross-technician training so that no matter which technician was sitting in the chair, they were up to speed on all the trial requirements and preferences.


E-trials are the way of the future; however, many feel nervous about depending on technology. What do you feel will be the most helpful resource we offer for our clients if they are looking to book an e‑trial?

Confidence. Educating clients that continuing to go with paper solutions is actually less effective than moving to digital solutions and that overall costs in time and resources differ significantly.

For example, imagine you have to create a rush order on an exhibit that you want to enter in the next day, but it is a 200‑page document that needs to be provided to five parties and the court, and you also need a copy to enter as an exhibit.

Paper: You now have to print 7 times 200 pages of the PDF in question, binder them, label them and then transport them to court, all while paying staff to get this completed overnight. All of this results in a ton of costs.

Digital: You upload the PDF to your private e-trial folder and then notify the technician via email that you have a new exhibit that will be entered the next day. The technician takes it and provides it to a central encrypted area, where all parties and the court automatically download a copy of it. You get home on time, you do not have to pay staff to work through the night to prepare binders and you do not need to lug said binders to court the following morning.

If you have the confidence to leave paper behind, your results will be money savings.


Throwing a pandemic into the mix while facilitating an e‑trial did not make the job any easier. What was the biggest challenge you had to overcome?

I had to incorporate — very quickly — a solution to allow witnesses and our realtime reporter to connect remotely due to limits on the number of people allowed in the courtroom. Fortunately, because the e‑trial system is so flexible, I was able to come up with, test and implement a solution within a couple days of a solution being needed.


At Reportex our core values of team, mentorship, equality, community and industry are central to what we do. Which of these values resonates most strongly with you and why?

I would say that all of these values play a part, but if I had to choose the ones that stand out the most, they would be “team” and “industry.” Without my technicians there is no way this would have been possible, and we challenged the industry and proved that going digital instead of paper is not only possible but incredibly effective.


We have been talking a bit about wellness on the blog and through our Slack channels. Do you have a favourite way to recharge or any tips for staying well?

You would think that after a day of fixing and working with tech, I would choose to do anything else, but I see tech in different categories. So learning about new tech and playing around with new demo applications is actually a great way for me to turn off my brain. I also like building or survival video games — something that I can immerse myself into while talking with all my friends from around the world. Using these other tech-careered friends as sounding boards is also a great way to help solve problems that I’m struggling with or even just allow me to look at an issue a different way.

I do of course make sure I get away from the tech and take my dog for hikes in the forest or throw myself down a mountainside on my bike when I need that blood-pumping adrenaline with my wife‑to‑be.

As for advice I would say if you do not have someone you can talk to either in person or online, find one. Play an online game with some people. Party up with someone for the day and just have a blast, talk about anything, crack jokes and let loose a bit. The amount of stress you can release and the overall good feels you can get from these interactions are more than enough to keep you sane in these times. And who knows — you might find someone really fun to be around (even if it’s over the internet). Try to be social but be safe doing it.

(R)evolutionary Evolution

by Megan Ejack, Director of Marketing & Communications


“I am prepared to evolve. The question is, are you?” — Mother Nature, Nature is Speaking

In life, as in business, evolution is a key part of growth. There is simply no moving forward without some type of change. But to truly evolve, we must choose the path of possibility.

We can push and hustle and grind all we like, but the reward will only be as good as our mindset. So as we continue to move forward into the great unknown, the only thing we know for sure is that evolution is necessary.

Reportex is currently in the throes of a massive shift in how we work — the virtual world that had always been looming is here. This is partly due to the pandemic and partly because the need for innovation is ever-present, particularly in law. Fortunately, we have built a team that is already taking us to the next level. We also have clients who trust us and who believe in the excellence of the services we provide, and we have colleagues, competitors and compatriots who push us to be the best we can be (whether they mean to or not).

The revolution part comes in when we commit to this path of growth. Instead of letting things happen to you, you must grab the proverbial bull by the horns — and ride.

It is a revolutionary act to look at growth as an adventure and not a burden, to see the potential instead of the fear.

Rather than getting swept away by uncertainty, when we choose to roll with it and catch the wave of momentum, there are moments of inspiration and of innovation that will certainly carry us through to the shore. Magic.

The one thing that is keeping us firmly grounded through this process of evolution is our group of core values: team, mentorship, equality, industry and community. As we continue along this path of exploration for our business, here are some of the ways that our core values are fuelling our priorities, which will in turn help to shape the future of court reporting and litigation services across Canada:

Values: Team, Mentorship & Equality

  • Trust your team and provide support and opportunities for growth. Doing this will encourage each individual to take ownership of their part in the whole.
  • Cultivate a growth mindset in everything you do. Talk about it, encourage it, foster it and reward it.
  • Place people properly, work with their strengths and encourage them to have a voice. 
  • Strive for transparency in leadership — talk about the hard parts, work through solutions and celebrate the successes!

Values: Industry & Community

  • Support the growth and innovation of your colleagues and competitors. We are all stronger when we work together towards growth and development of the industry as a whole.
  • Innovate, become curious, try things and sometimes fail but continue to expand your vision for the future and commit to the greater good.

Revolutionary.

It is revolutionary not to get bogged down in the details of how we wish it could be but to adapt and grow with the reality of what is. When we can begin to adapt in this way, we can see that evolution is not limited to ourselves but is dimensional in its entire scope. It becomes an evolution of our business and services, yes, but it is also an evolution of our team, of ourselves, of who and how we hire and of how we ultimately integrate and work together. For us it has even been a restructuring of leadership and organizational development, an evolution of values, of energy and of resources.

We have even committed to a complete overhaul of our physical space, with our brand new HQ office nearly ready to open in the spring! Same building, new floor!

This new office is a physical example of the fact that the work we do is in continuous collaboration with how we do it. With 20,000 square feet of state of the art, custom-built litigation space, each shiny new boardroom is fully equipped with the technology needed to support the important work of all our unique clients. With flexible mediation and arbitration space and the capability for a myriad of virtual and hybrid proceedings, blended with a stylish sensibility and gourmet catering to enjoy while in the office, our vision for a full-service facility is exemplary of the type of innovation that has been carefully considered in this build.

Our team has made these mindful choices to enhance the experience of being a client of Reportex, which not only serves a practical purpose but broadens the horizons of our work as we continue to adapt to a new landscape.

The revolution we describe is founded in possibility, in collaboration and in vision.

As we look towards the future of this industry, it is clear that we need to explore new avenues for growth and embrace opportunity in order to create long-term sustainability for the courts, court reporters and the legal system as a whole.

“Ask yourself if what you are doing today is getting you closer to where you want to be tomorrow.” — Anonymous

#therevolutioncampaign #techthatconnects #evolution

Connect Series: Meet Owner, President & Realtime Court Reporter, Christy Pratt!

Over the course of her career Christy has acquired reporting expertise in all areas of litigation, with a special interest in Aboriginal rights and title cases and Charter challenge cases.

She has reported several landmark trials (including Tsilhqot’in Nation v. British Columbia and Conseil-scolaire francophone de la Colombie-Britannique v. British Columbia (Education)), and she is currently reporting the Cambie Surgeries Corp. v. British Columbia (Medical Services Commission) trial before the Honourable Mr. Justice Steeves.

As an expert in realtime reporting Christy regularly conducts workshops for trial lawyers and their support staff on the benefits of realtime reporting and how to effectively conduct electronic trials.  She has presented for the Trial Lawyers Association of BC and at lunch & learns for law firms throughout Vancouver and the Lower Mainland.

Christy provides IME consulting services to medical experts, and she has developed extensive online training programs and reference libraries for court reporters, transcriptionists and editors.

During her decade-long tenure on the board of the BC Shorthand Reporters Association, Christy held the positions of secretary and president.

Christy has expertise in reporting all areas of litigation, including Aboriginal rights and title, Charter challenges, medical malpractice, personal/catastrophic injury, construction/engineering, defamation, products liability, anti-trust, environmental, mining and other resource-based litigation.

Christy has a passion for travelling and writing, and she enjoys spending time in Washington State and attending European cooking schools.  She is a proud supporter of several local Vancouver shelters and charities.


You just wrapped up evidence on a 151-day e-trial, which is the way of the future. What was your biggest challenge or obstacle you overcame with this trial?

While there have been a handful of trials in British Columbia that have involved some element of digital presentation (some managed by the parties themselves, some using third party software providers and some using a hybrid blend of paper exhibits and digital presentation), Saik’uz was the first fully supported e-trial in British Columbia. We designed the platform, provided all the software/hardware (including a 65-inch SMART Board for document markup), liaised with the clerks and exhibit managers, trained and supported counsel and the judge and provided realtime reporting to all participants, both onsite and remotely. We also provided a full-time e-trial technician to run the platform. As you can imagine, with this many moving parts and virtually no precedent to rely on there was always something popping up in the early days that needed a solution. Throw a pandemic into the mix with many witnesses attending virtually, and things got pretty wild pretty quickly. Now instead of focusing on just the e-trial tech and the transcripts, we were sourcing plexiglass, designing a socially distanced courtroom and finding a solution that would allow witnesses to attend virtually within our platform (which was designed to work independently of the courtroom system, for security purposes) while still being integrated with DARS. Essentially if the parties — or the court — needed anything, we made it happen, and in the early days of COVID things were changing almost daily. 

So I think the biggest challenge with this particular trial wasn’t the technology, because we were totally solid on that. It was making sure that we were always ready to pivot and adapt to the ever-changing requirements of conducting a trial during a pandemic. But that challenge also allowed us to create some pretty incredible solutions to connect the trial participants through technology. 


E-trials are a relatively new addition to the services we provide at Reportex, and some people may be nervous to use the technology that is needed to do an e-trial. What do you want those people to know?

I would like them to know that technology is extremely flexible and that we will always find a solution that doesn’t require a complete overhaul of working style or flow. Technology can be intimidating, and it is very common for people to assume that nothing will be as efficient as their tried-and-true binders and tabs and sticky notes. But by asking the right questions, listening carefully and finding creative, inexpensive solutions, we can put the right tools in counsel’s hands to enhance, not frustrate, the presentation of their case. I also want counsel — and the court — to realize that they are more capable and adaptable than they realize. We have seen this time and time again over the last year as lawyers and adjudicators have adapted to incorporating tech into their daily lives.  


You have a career covering all areas of litigation, with a special interest in aboriginal rights, the most recent being the Saik’uz First Nation and Cowichan Tribes trials. What do you find most fulfilling about working on litigation such as this?

My passion for aboriginal litigation started almost 20 years ago when I began working on the Tsilhqot’in Nation case. We did months of discoveries and commissioned evidence and then embarked on a 339‑day trial that spanned 2002 to 2007. I spent months in the Nemaiah Valley and met some incredibly wonderful people, many of whom I stay in touch with to this day. As a court reporter I’ve always had a tremendous respect for words and language, and reporting the evidence of elder witnesses — some of whom spoke very little English — sparked a fierce desire in me to make sure that I was being as respectful and as careful with their language as possible.

Over the past two decades my team and I have really fine-tuned the orthography protocols that we use in aboriginal proceedings. We work closely with First Nations word spellers and language experts, and at times we have to get pretty creative when working within the limitations of our reporting software, which doesn’t allow us to replicate various diacritical marks. The challenge of getting the words right — sometimes across various dialects within the same language group — and ensuring consistency throughout trials that span months or years adds a layer of complexity to what we already find to be completely fascinating work. It fires us up! 


At Reportex our core values of team, mentorship, equality, community and industry are central to what we do. Which of these values resonates most strongly with you and why?

I think if you were to ask me this question every day, my answer would be different every day. But if I were to pick one, it would be “team” because without them the other values wouldn’t hold the same meaning for me in the context of Reportex. I am constantly inspired by the integrity, creativity, kindness and curiosity of our people, and this manifests in some incredible initiatives within not just our industry but also our communities as well. We have several emerging leaders on our team, and we are in the process of building a Reportex academy, where team members can level up in various areas of interest, including technology, leadership, wellness, grammar and business writing — it’s a long list. We do our best to provide our people with equal growth opportunities that will serve them in their personal and professional lives, and we provide mentorship along the way. But all of our initiatives stem from the core of who we are, which is our team. 


We have been talking a bit about wellness on the blog and through our Slack channels. Do you have a favourite way to recharge or any tips for staying well?

My word for 2020 was “connect,” and I didn’t realize just how meaningful that word would ultimately be for me last year. This year my word is “presence.” As a leader of about 100 people now, my vision is firmly focused on where technology will take us, and having one eye to the future at all times can make it hard to live in the moment. My mind moves at a million miles a minute most days, and I’m really working on just slowing things down by meditating, reading old-fashioned paper books (remember those?), enjoying a tea in the afternoon (and maybe a single malt in the evening) and finding silver linings every day.

Tech that connects.  #therevolutioncampaign

E-Trial Reflections: A Look Back on 151 Days

In late January after 151 days of trial, the last day of evidence was in on the Saik’uz/Stellat’en First Nations claim, giving our (truly) fearless leader, Christy, a break from court until closing argument in April.

This e-trial has been nothing short of revolutionary for Reportex, not only in terms of the custom e-trial platform that Brandan and his team so successfully implemented and that Jake facilitated but also in terms of the incorporation of virtual elements made necessary as a result of the pandemic.

We recently caught up with Brandan and Jake to ask them a few questions as they reflected on 151 days of the first-ever fully supported e-trial in British Columbia!


151 days of a fully supported e-trial sounds intense. How are you feeling?

Brandan: Relieved and excited but mostly extremely proud. This must be the feeling that parents have when their kids win an award or take their first steps. A ton of work was put into this solution, and I am thrilled that it performed so well and was embraced by so many.

Jake: In one word — satisfied! Given the amount of technological solutions we had to implement — from the computer setup to the shared document repository for exhibits and other documents to hosting remote witnesses and having Christy provide realtime reporting remotely — I’m very happy it went so smoothly.


Prior to this trial a 100 percent fully supported e-trial was unheard of in British Columbia. How did you prepare for such a feat?

Brandan: Well, the clients were very clear about what they wanted this platform to do, but since we didn’t have an existing prototype, I had to take counsel’s ideas and make them a reality. I spent weeks — months, actually — researching, developing and testing various tech options, followed by sourcing, building and installing the entire platform in the courtroom. So my final solution for this trial was actually more of an invention!

Jake: I just tried to come into it with an open mind. When I joined Reportex, the trial was already underway but paused due to the pandemic. When it resumed, all the systems were already in place, so for me it was merely a matter of settling into the existing workflow, determining what was working and identifying what needed improvement.


What were the unique challenges of the e-trial, and how were they solved?

Brandan: The Vancouver courthouse does not currently have an established protocol for marking and managing exhibits in a fully digital manner; therefore the biggest challenge was creating a solution for digital exhibits that meshed with the existing systems and workflow of the court. We had to identify best practices for naming, indexing and storing the digital data for both the clerk and the registry, and through this process we developed and refined (and refined and refined) procedures that allow digital exhibits to be preserved with the same integrity as physical exhibits. This was a collaborative effort that involved some very creative (and patient!) court clerks and exhibit managers, and we ultimately developed a very simple, streamlined process that I hope will be the gold standard for e-trials until the Vancouver courthouse has the capacity to manage digital exhibits.

Jake: One of the unique challenges of the trial was that due to the pandemic some of the witnesses had to testify virtually. While the courthouse has videoconferencing equipment available, it doesn’t integrate seamlessly with our platform, which was designed to run independently of the courthouse network, for security purposes. So we repurposed the e-trial SMART Board (a 65-inch touch-sensitive LCD screen that witnesses use to mark up exhibits), patched into the DARS audio and voila! The witness could be seen and heard by everyone in the courtroom, and their testimony was captured directly on DARS. With a few more refinements this setup also allowed Christy to provide remote realtime to everyone in the courtroom, which has never been done before in British Columbia. It was truly revolutionary. 

Another challenge was determining how best to handle the thousands of digital trial documents that would be used (we ultimately marked roughly 770 exhibits). The parties required private folders for their own team’s use as well as shared folders so they could access the exhibits and other common trial materials. The clerk and the court required a separate silo for accessing their copies of the documents. Plus all the data needed to be physically stored in Canada, and we needed offline access in the (unlikely) event of an internet outage. I’m sure there were some bumps in the road in the early days, but by the time I joined the trial, the court and all parties were comfortable with the system, and it worked like a well-oiled machine.


What are your top three takeaways from this e-trial?

Brandan:

  1. Clients want an experience they can relate to. The so-called “smoke and mirrors” and fancy tech is distracting and cumbersome for experienced trial counsel who, understandably, don’t want to overhaul the workflow and style they’ve spent years crafting.
  2. Never underestimate the ability of a very determined judge to learn, embrace and ultimately thrive in an e-trial environment. Our self-proclaimed pen and paper judge was provided with virtually no paper in this trial, and while there was the odd technical glitch over the course of 151 days, the downtime was minimal, and he rallied like a total pro.
  3. The fact that we were able to integrate virtual services into this e-trial with minimal downtime shows just how much potential and flexibility the right tech has to truly connect people in litigation.

Jake:

  1. As the e-trial technician for the bulk of this trial, one of the most important things I learned early on was not to panic! With the amount of technology involved, things will inevitably go sideways now and then, but the solution is often a simple one. Fortunately, this e-trial had complete buy‑in from all counsel and the court, and they all understood that the minimal downtime we did experience was a drop in the bucket compared to the time that would have been spent preparing, locating and handling the boatload of binders that would have filled the courtroom and judge’s bench if this had been a paper trial. Plus I was in the courtroom every day to troubleshoot any issues that arose, and Brandan was even able to log in remotely, if needed. 
  2. E-trials really are the way of the future. As an attorney myself (I practised in New York), I can’t tell you how annoying it is to haul bankers boxes full of documents to and from court every day, shuffling through exhibits searching for the right cross-examination document and relying on temperamental photocopiers (and, let’s be honest, hard-working litigation staff who were understandably frustrated by temperamental photocopiers) to prepare six copies of a 700‑page document during the lunch recess. Simply placing everything on a computer eliminates these inefficiencies and allows counsel to focus more on strategy and less on logistics.
  3. Organization is key. Every e-trial is custom-designed to the needs of the parties and the court, but once the daily and weekly protocols are established, as long as you stay the course, there will be smooth sailing.

Looking to the future, what in your opinion does the type of technology you utilized for this e-trial mean for our legal system?

Brandan: I see the potential for complete courtroom/tech integration and maybe even new smaller spaces that are dedicated to virtual proceedings. Avoiding the need for witnesses and counsel to travel long distances to appear at trial will not only save money but also decrease delays and increase efficiency. This all adds up to an overall improvement in access to justice, which is at the forefront of everyone’s mind in this industry. 

Jake: I echo Brandan’s comments. In addition to managing a growing e-trial demand, Reportex is also facilitating a dramatically increased volume of remote witness connections to courthouses throughout British Columbia, and we are currently working with courthouses in Alberta to find solutions for our BC clients who also practise in Alberta. I sincerely hope that our legal system will continue to evolve and to embrace technology, which allows litigants to access flexible, cost-effective ways of adjudicating their disputes. It has been argued that e-trials can reduce trial times by up to half simply through implementing an electronic record, and the convenience of having all case materials available at their fingertips affords counsel greater focus on advocacy. Additionally I believe that many judges will come to prefer e-trials as it eliminates the binders and potential for misplaced documents and allows them more efficiency in preparing their reasons. All in all, it’s just a smarter way to litigate.