Codes/Ethics/Rules/Issues (Anyone) - CSRNation2024-03-29T01:52:50Zhttp://csrnation.ning.com/forum/categories/codesethicsrulesissues-anyone/listForCategory?feed=yes&xn_auth=noStipulating away the Originaltag:csrnation.ning.com,2017-05-17:1736041:Topic:13546632017-05-17T22:22:13.414ZProfessional Reporting Services,http://csrnation.ning.com/profile/JerryKProctor
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<p>Our client was in LA today taking a depo and we told her not to stipulate away the Original. Well she refused to do the Stip and just called saying the other side is absolutely furious with her, demanding that she do so and also asking for the codes regarding this. I explained to her that you cannot relieve the Court Reporter of her duties. I actually feel sorry for putting her in this position.</p>
<p>We've had a little push back before from LA attorneys but nothing like this. Has…</p>
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<p>Our client was in LA today taking a depo and we told her not to stipulate away the Original. Well she refused to do the Stip and just called saying the other side is absolutely furious with her, demanding that she do so and also asking for the codes regarding this. I explained to her that you cannot relieve the Court Reporter of her duties. I actually feel sorry for putting her in this position.</p>
<p>We've had a little push back before from LA attorneys but nothing like this. Has anyone else?</p>
<p>Jerry</p>
<p></p> Depo Procedural Questiontag:csrnation.ning.com,2016-02-23:1736041:Topic:13337542016-02-23T03:24:35.313ZLindsay Pinkhamhttp://csrnation.ning.com/profile/LindsayPinkham582
<p>I reported the depo today of what I was told was Vol. 2 of the PMQ of X Corporation. I saw on the transcript of Vol. 1 the deponent's name was Mr. Jones. But it turned out a different employee, Mr. Smith, showed up for the second volume. I was also told that Smith would be testifying not only as a PMQ, but as an individual. And he definitely has not had his depo taken before as an individual. So I'm leaning toward just leaving off any volume designations and calling it depo of John Smith…</p>
<p>I reported the depo today of what I was told was Vol. 2 of the PMQ of X Corporation. I saw on the transcript of Vol. 1 the deponent's name was Mr. Jones. But it turned out a different employee, Mr. Smith, showed up for the second volume. I was also told that Smith would be testifying not only as a PMQ, but as an individual. And he definitely has not had his depo taken before as an individual. So I'm leaning toward just leaving off any volume designations and calling it depo of John Smith as a PMQ of X Corporation and as an individual. What do you all think?</p> Is it "our job" to keep time for the seven-hour rule?tag:csrnation.ning.com,2015-02-09:1736041:Topic:13145532015-02-09T02:32:41.634ZQuyenhttp://csrnation.ning.com/profile/QuyenNDo
<p>I don't remember it being a code/reg that we, as court reporters, are required to keep time. Isn't it technically the lawyers' job to do this, since they are the ones required to abide by it? I had an attorney tell me it's "my job" to do so; I beg to differ. Am I wrong? I despise keeping time. :/</p>
<p>I don't remember it being a code/reg that we, as court reporters, are required to keep time. Isn't it technically the lawyers' job to do this, since they are the ones required to abide by it? I had an attorney tell me it's "my job" to do so; I beg to differ. Am I wrong? I despise keeping time. :/</p> JAMS arbitrations - free copies?tag:csrnation.ning.com,2014-10-09:1736041:Topic:13082012014-10-09T16:58:03.627ZLindsay Pinkhamhttp://csrnation.ning.com/profile/LindsayPinkham582
<p>Something disturbing occurred at the end of a recent multi-day arbitration I reported which I hope is not a trend. Our client ordered the hearing to be reported, with roughs e-mailed to her every night. Opposing counsel did not order anything. At the conclusion of the hearing, during the period when both sides were working on their posthearing briefs to send to the arbitrator, opposing counsel insisted that my agency post the transcripts on the JAMS website. It's not clear yet exactly…</p>
<p>Something disturbing occurred at the end of a recent multi-day arbitration I reported which I hope is not a trend. Our client ordered the hearing to be reported, with roughs e-mailed to her every night. Opposing counsel did not order anything. At the conclusion of the hearing, during the period when both sides were working on their posthearing briefs to send to the arbitrator, opposing counsel insisted that my agency post the transcripts on the JAMS website. It's not clear yet exactly what she said, but I looked up the JAMS rules and rule 22 says, in part: "<font color="#262626" size="2" face="Arial"><span>(ii) If there is no agreement to share the cost of the stenographic record, it may not be provided to the Arbitrator and may not be used in the proceeding, unless the Party arranging for the stenographic record agrees to provide access to the stenographic record either at no charge <span style="color: #ff0000;">or</span> on terms that are acceptable to the Parties</span></font> <b><i><font color="red" size="2" face="Arial"><span>and the reporting service</span></font></i></b><font color="#262626" size="2" face="Arial"><span>." I gather that our client took the first choice and simply provided it at no charge. And the other reporter and I who reported the hearing lost out on around a thousand dollars each that we would have made in copy charges for this multi-day hearing. I wonder if they could have just posted the excerpts that they quoted in their brief instead of the entire transcript. And I wish my agency had spoken up and at least attempted to negotiate a price. But this was an important client and I assume they didn't want to make any waves. They printed the transcript in condensed form, scanned it, and then posted that pdf, so at least it's not searchable and opposing counsel cannot use all the tools that they would have if they had paid for it. Next time I am offered an arbitration by another agency I will definitely bring this possibility up to them.<br/></span></font></p> Need help re marking a depo exhibit if objected to (Texas)tag:csrnation.ning.com,2014-01-31:1736041:Topic:12914632014-01-31T19:39:23.825ZVicki McConnell, CSRhttp://csrnation.ning.com/profile/VickiMcConnellCSR
<p>Atty A hands a document to me to be marked as Exhibit 1 and hands a copy to Atty B. I mark it and hand it to the witness. He asks a question and Atty B objects to the exhibit, claiming it had never been produced. Atty A says it was. Atty B wanted to call the judge, but Atty A didn't want to "participate in an ad hoc hearing."</p>
<p>The depo was stopped and they both were going to file motions.</p>
<p>Atty B is adamant that the exhibit is not part of the record, that I should not attach…</p>
<p>Atty A hands a document to me to be marked as Exhibit 1 and hands a copy to Atty B. I mark it and hand it to the witness. He asks a question and Atty B objects to the exhibit, claiming it had never been produced. Atty A says it was. Atty B wanted to call the judge, but Atty A didn't want to "participate in an ad hoc hearing."</p>
<p>The depo was stopped and they both were going to file motions.</p>
<p>Atty B is adamant that the exhibit is not part of the record, that I should not attach it to the transcript. I've never had this happen before. Normally, they would call the judge right then and there.</p>
<p>The tript is due 2/4. Any opinions? I'd appreciate some input!</p> IMPORTING SETTINGS AND DICTIONARY IN ECLIPSEtag:csrnation.ning.com,2013-10-16:1736041:Topic:12849382013-10-16T20:49:57.530Zanita t. sheminhttp://csrnation.ning.com/profile/anitatshemin
<p><span class="font-size-4" style="color: #888888;"><strong>Help me before I go completely bonkers!!! I imported my user settings from older version of Eclipse into my new computer and was finally able to get the user settings in. When I go to my dictionary, I see that my dictionary is also there, but today, the first day back from vacay, I started a job which came out completely goobley gook. You could only imagine how I felt when they asked for read back! Ouch!!! Should I reimport my…</strong></span></p>
<p><span style="color: #888888;" class="font-size-4"><strong>Help me before I go completely bonkers!!! I imported my user settings from older version of Eclipse into my new computer and was finally able to get the user settings in. When I go to my dictionary, I see that my dictionary is also there, but today, the first day back from vacay, I started a job which came out completely goobley gook. You could only imagine how I felt when they asked for read back! Ouch!!! Should I reimport my dictionary? Can someone please explain those steps as I thought I did it correctly to begin with. Thank you for saving my sanity!!! LOL</strong></span></p> SS#, bank account #, etc. - reporter's responsibility on record?tag:csrnation.ning.com,2013-08-01:1736041:Topic:12786432013-08-01T21:04:19.697ZLana L. Loperhttp://csrnation.ning.com/profile/LanaLLoper
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<p>I remember attending a seminar where personal information (there were a few items that were NOT supposed to be on the record) and it seems like there was some responsibility by the reporter to redact those few items...? I've searched the Internet to try to find the information. Any and all help is appreciated (not sure if it's CA-specific or nationwide).</p>
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<p>I remember attending a seminar where personal information (there were a few items that were NOT supposed to be on the record) and it seems like there was some responsibility by the reporter to redact those few items...? I've searched the Internet to try to find the information. Any and all help is appreciated (not sure if it's CA-specific or nationwide).</p> Question on new court reporter ethicstag:csrnation.ning.com,2013-06-24:1736041:Topic:12738792013-06-24T10:03:57.029ZBill Parsonshttp://csrnation.ning.com/profile/BillParsons
<p><strong><font size="3">Hi All,</font></strong></p>
<p><strong><font size="3">For sometime I have had questions with regard to the new NCRA court reporter ethics as promulagated by NCRA.</font></strong></p>
<p> </p>
<p><strong><font size="3">The new ethics promulgated by NCRA say that all parties must be given the same services and charged the same price or else the court reporter would not be impartial and thus in violation of the ethics promulgated by…</font></strong></p>
<p><strong><font size="3">Hi All,</font></strong></p>
<p><strong><font size="3">For sometime I have had questions with regard to the new NCRA court reporter ethics as promulagated by NCRA.</font></strong></p>
<p> </p>
<p><strong><font size="3">The new ethics promulgated by NCRA say that all parties must be given the same services and charged the same price or else the court reporter would not be impartial and thus in violation of the ethics promulgated by NCRA.</font></strong></p>
<p> </p>
<p><strong><font size="3">When I worked in civil court years ago it was common for an insurance company lawyer to file an appeal when they lost a case. </font></strong></p>
<p> </p>
<p><strong><font size="3"> The costs to the plaintiff to fight the appeal would be so much that many times the plaintiffs would settle the case for a lower amount than the jury verdict.</font></strong></p>
<p> </p>
<p><strong><font size="3">So in one case I gave a defendant a $600 transcript and didn't charge him for it. </font></strong></p>
<p> </p>
<p><strong><font size="3">I was being generous.</font></strong></p>
<p> </p>
<p><strong><font size="3">Was my action unethical, or can a court reporter be generous?</font></strong></p>
<p> </p>
<p><strong><font size="3">Was the insurance company prejudiced by my giving away a free transcript?</font></strong></p>
<p> </p>
<p><strong><font size="3">Did my actions in any way affect the legal issues upon which cases are supposed to be decided?</font></strong></p>
<p> </p>
<p><strong><font size="3">Also under the new NCRA ethics I have been told a court reporter cannot read any portion of his notes to any counsel unless the court reporter notifies the opposing counsel and allows him to be present at the readback.</font></strong></p>
<p> </p>
<p><strong><font size="3">Now in the days of the old ethics I would read back notes to either counsel as requested, and I never informed the opposing counsel I am having a readback of my notes, would you like to be present?</font></strong></p>
<p> </p>
<p><strong><font size="3">I have been told it is unethical to read back notes to either counsel unless both counsel are present and able to hear the testmony excerpt being asked to be read back by the court reporter.</font></strong></p>
<p> </p>
<p><strong><font size="3">I have been told under the new NCRA ethics I cannot prepare a full transcript or short transcript excerpt and not notify the opposing side that a transcript has been prepared so they can have the opportunity to purchase that transcript.</font></strong></p>
<p> </p>
<p><strong><font size="3">Now in the old days the state's attorney in criminal cases would order transcript excerpts all the time and I never went to defense counsel and told them the state's attorney has a transcript, so I must provide you the opportunity to order the transcript excerpt the state's attorney has ordered.</font></strong></p>
<p> </p>
<p><strong><font size="3">Now as I understood it in criminal cases there were court hearings and judges decided on what parts of the state's attorney's files the defense counsel may see.</font></strong></p>
<p> </p>
<p><strong><font size="3">Anyway I have always been puzzled by the new NCRA ethics, and the above are some of my questions.</font></strong></p>
<p> </p>
<p><strong><font size="3">Bill</font></strong></p> Sam and Lauren Bienenstock and Bienenstock Reportingtag:csrnation.ning.com,2013-06-22:1736041:Topic:12737542013-06-22T08:01:08.060ZT. S. HUBBARD JRhttp://csrnation.ning.com/profile/TSHUBBARDJR478
The following is an article in the Courthouse News Service of May 13, 2013, in Detroit, Michigan.<br />
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This is indeed a sad story where court reporter indecently over manny years steals from their fellow court reporters who are all subcontractors. If you have worked for them, as you read this, you may discover you are also a victim and owed money.<br />
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Posted on LinkedIn in Court Reporter Net - and on other Linkedin court reporter forums - hopefully to be read by all court reporters who believe they…
The following is an article in the Courthouse News Service of May 13, 2013, in Detroit, Michigan.<br />
<br />
This is indeed a sad story where court reporter indecently over manny years steals from their fellow court reporters who are all subcontractors. If you have worked for them, as you read this, you may discover you are also a victim and owed money.<br />
<br />
Posted on LinkedIn in Court Reporter Net - and on other Linkedin court reporter forums - hopefully to be read by all court reporters who believe they have been violated as described below in detail.<br />
<br />
DETROIT (CN) - Twenty-six court reporters claim Bienenstock & Associates, Michigan's largest court reporting firm, "stole" more than $1 million from them by lying about how much it charged clients, and "bullied their employees with temper tantrums and threats of termination" to keep "their unethical and unlawful business practices" hidden.<br />
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Susan Lowry and 25 other court reporters sued Lauren Bienenstock & Associates Inc., Lauren Bienenstock, and Samuel Bienenstock in Macomb County.<br />
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Twenty-three of the 26 plaintiffs are women. All the plaintiffs are all licensed court reporters who worked as independent contractors for Bienenstock & Associates.<br />
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"This case is about greed, deception and betrayal, the 27-page complaint begins. "Twenty-six licensed court reporters are suing Michigan's largest and best-known court reporting firm to recover over $1 million they believe has been stolen from them by Lauren and Samuel Bienenstock and their court reporting firm. Many more potential plaintiffs are waiting in the wings, so terrorized by the Bienenstocks' promises of retribution that they fear public identification.<br />
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All of these court reporters, many of who have provided services to the largest law firms and most prominent lawyers practicing in Michigan and throughout the United States, have one thing in common: the Bienenstocks have misled them, lied to them, and stolen huge sums of money from them for almost 20 years, all while pretending to act on their behalf and in their best interests.<br />
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"The Bienenstocks' scheme was simple: use every possible tactic to convert payments from attorneys and law firms for plaintiffs' court reporting services to their own use, despite their agreement with plaintiffs that at least 70 percent of those payments belonged to them.<br />
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The Bienenstocks sold plaintiffs' deposition transcripts without telling them, secretly charged higher rates for plaintiffs' services, and charged for myriad additional services, all the while keeping every penny of the additional income for themselves.<br />
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"Like most such schemes, this one also involved a cover up: the Bienenstocks employed elaborate internal processes and office protocols to conceal their unethical and unlawful business practices. The Bienenstocks bullied their employees with temper tantrums and threats of termination should they reveal the truth to plaintiffs, and they consistently denied their dishonest practices when questions arose.<br />
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The Bienenstocks used plaintiffs' money to fund an outlandish lifestyle replete with luxury homes, exotic cars, and extravagant vacations for themselves and generous gifts for the attorneys and law firms who unwittingly facilitated the Bienenstocks' corrupt business.<br />
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"Although startling enough on its face, the Bienenstocks' outrageous behavior is particularly execrable in light of the integral role licensed court reporters and court reporting firms play in our legal system. They provide the certified transcripts of sworn deposition testimony relied upon in nearly every case and nearly every court here and across the country, their activities are strictly regulated by Michigan statute and the Michigan Court Rules, and they are regulated by the State Court Administrative Office, the administrative agency of the Michigan Supreme Court.<br />
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The Bienenstocks' longstanding scheme to pocket the plaintiffs' income thus undermines the integrity of the vital process by which certified deposition transcripts are produced for the use of this and other courts."<br />
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The reporters add: "The customers generally ordered transcripts directly from the court reporters on the same day as the depositions. When this occurred, plaintiffs were aware that a transcript had been ordered and they expected to receive and, on information and belief, usually did receive what they believed was their agreed-upon share of the payment received by Bienenstock & Associates."<br />
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But when customers ordered transcripts after the day of the deposition, "defendants took calculated steps to conceal the existence of back orders and payments received for back orders from plaintiffs so that they could keep all of the customers' payments for themselves, including plaintiffs' share of those payments," the complaint states.<br />
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The Bienenstocks also charged customers a higher hourly rate than it paid plaintiffs and sometimes negotiated higher per page rates than the rates it disclosed to the reporters, according to the complaint.<br />
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The court reporters seek damages for conversion, breach of contract, fraud, fraudulent concealment, and unjust enrichment. They also ask the court for a declaratory judgment as to which claims are subject to arbitration agreements, because the Bienenstocks did not provide the reporters with a copy of their executed employment contracts.<br />
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They are represented by Kevin O'Shea of Miller Law Group of Rochester, Michigan.<br />
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"Is it possible that this is not an isolated case? NCRA, should follow this story. Its ethics committee especially.<br />
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Ask yourself. If NCRA is going to try to police its members on ethics why wouldn't it - if there is indeed one or more verdicts against the Bienenstocks, then should not there be some form of recrimination exacted on them for theft and running a continuing fraudulent scheme to deprive their lifeblood, their subcontractors, what is clearly theirs?<br />
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If NCRA has no bite, it has no gumption, it has no ability like the ABA or other national associations to suspend one's membership, then ask yourself as a working stiff, what good is the NCRA anyway? The Bienenstocks frankly could care less what NCRA does - if anything.<br />
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Where they will most assuredly hurt will be in lost business, from a booming business to a shell of a business. No doubt one or two heads rolled but not the Bienenstocks. Therefore what promises they make to their reporters is still shrouded in continued deception.<br />
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The NCRA should at least publicly rebuke the Bienenstocks in the JCR for three months warning the unsuspected that working for this former illustrious reporting agency may spell trouble for their pocketbook.<br />
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Regardless, my gut feeling is the Giant is climbing down this Bienenstock but this time he makes it all the way down safely to the ground to exact the punishment befitting the crimes. Paymenttag:csrnation.ning.com,2013-03-04:1736041:Topic:12617882013-03-04T20:05:44.363ZSandra Fernaldhttp://csrnation.ning.com/profile/SandraFernald
<p>What's the California code section re attorney's obligation to pay court reporter?</p>
<p>What's the California code section re attorney's obligation to pay court reporter?</p>