Why call transcripts are becoming a core part of legal audit trails
Threads explores the risk-reducing role of phone call recording and legal transcription, as digital transcripts are fast becoming an essential component of legal case records
Legal cases rely on robust audit trails from initial engagement with a client through to conclusion — reliable documentation can be the difference between a won or lost case and legal transcription forms a core part of any law practice’s daily operations.
Solicitors will typically use digital case management systems (CMS) as a repository for all of the information relating to a case including the actions, decisions and communications between parties. The communication element can be hard to track with multiple formats including emails, phone calls and in-person meetings.
Critical decisions can be made verbally and problems arise if these conversations are not properly recorded. This is where legal transcription during phone calls offers an essential and defensible audit trail.
The risk of relying on memory and call notes
Readers will likely remember the case of EMI & Guy Hands, where memory of phone calls was critical to the outcome, highlighting the risk of relying on memory and the argument for implementing a formal process for recording calls. Phone calls today are documented using a variety of methods from hand-written notes to fully digital, automated solutions.
Written notes have inherent weaknesses for a number of reasons: subjectivity, including bias from the note-taker, can consciously or unconsciously impact the narrative. Manual notes are also impeded by the note-taker’s writing speed and ability to understand and follow a conversation which can lead to missing details that could be essential to a case.
The challenges of using manual methods to record a conversation can ultimately result in complaints, disputes and regulatory scrutiny.
The argument for introducing phone call recording and legal transcription
Transcripts are hugely valuable as they provide verbatim records of conversations — assuming a high-quality transcription service is used, these records should be very persuasive.
A transcription solution will also provide automatic time and date stamps to a conversation. This is helpful for a few reasons, firstly for the purposes of billing client hours and secondly to ensure the correct chronological order of communication in case management records.
Finally if call records need to be used as evidence in court, they will typically need to be supplied as written transcripts and the quality of these transcripts will need to meet minimum standards to be accepted.
Handling complaints and disputes with confidence
Another argument for the use of call transcription, separate to the benefits it can bring to the success of any case, is in relation to client care. In the event of a dispute between a solicitor and a client, call records can quickly clarify what was said during a prior conversation, including any advice given — removing the possibility of a stressful ‘one word against another’ situation.
The use of legal transcripts can significantly reduce the time to a resolution and, as all legal professionals know well, accuracy and record keeping are key to ensuring positive relationships.
Demonstrating due process and professional standards
Evidencing due process and adherence to professional standards is not just necessary for client satisfaction, it’s a regulatory requirement. More solicitors are choosing to introduce digital legal transcription to support proof of disclosures and warnings, evidence of informed consent and clear timelines on decision making.
Of course, there are considerations around data privacy and security. However, assuming call recordings are used following data guidelines, transcription should be seen as best practice and not a surveillance mechanism for staff or clients.
Practical and compliance considerations
Key considerations for any legal professional when recording and transcribing calls:
- There must be a lawful basis for processing. This could be out of legitimate interest, for example, to ensure accurate record keeping or delivery of contractual obligations or to avoid complaints in relation to services received and advice given.
- Under GDPR, individuals are required to be informed their data is being recorded. Therefore, participants in a call must be informed and also receive an explanation as to why recording is needed. Firms will need to consider their own approach, however best practice would include a brief verbal or automated message at the time of the call and clear wording in client documentation e.g. engagement letter or privacy notice explaining that calls will be recorded and transcribed along with the reasons why this is beneficial for both parties.
- When building your compliance strategy keep in mind that client awareness of any recording should be timely, clear and ongoing. Compliance may seem like an added layer of complexity but this needn’t be the case, as all businesses will need to comply with the same GDPR requirements for their existing data processing. Digital recording and transcription providers can streamline these requirements with custom recording set-ups and secure storage built in.
Reducing risk through accurate digital records
Digital transcripts are fast becoming an essential component of legal case records and seen by many as a natural evolution for satisfying compliance requirements. By removing the risk of human error, law firms can be confident that decisions and advice are based on accurate information. Built-in controls for secure storage and data processing make the benefits of digital transcription clear and defensible.
Finally, choosing a transcription partner who can integrate into your existing processes, particularly your chosen CMS, can save hundreds of hours of manual work and allow staff to focus on best meeting their clients’ needs.
