Attorneys copying transcripts

[Susan Magee]

A legal secretary (her firm representing defendants) e-mailed me requesting a copy of a transcript and asked how much it would cost, so I e-mailed her the fee.  When I didn't hear back from her again I followed up, and her reply was, "We'll be receiving a copy from the other side (plaintiffs' counsel), so I won't need a transcript from you."  

Any suggestions on how I should reply?  

[Kelli Combs (admin)]

Don't you just hate that?  I remember when I lived in Southern California, I was on this one case for quite a while.  Opposing counsel never ordered a copy.  One day he had a photocopy of like six or seven of my transcripts, the "Original."  I was livid.  Not much I said though.  What could I say?

What I wanted to say is that's my work product and I should be paid for it.  You don't see me walking into your office and stealing a brief you just produced and using it as my own.  What you're doing is the same thing.  It should be illegal.  

I don't, unfortunately, think there is much we can do about it.  This practice happens all the time.  At least it's less here in Northern California than Southern California where the originals are stipulated away on a regular basis.

[LEONORA L WALKER]

because everything is digital it is very hard to stop them from making copies.  In this instance I miss the early days when we had that paper that had a big black line to go through it if anyone tried to copy it.

[Quyen]

I think talking to the client/attorney who's giving away the copy is worth a shot.  Explain to that attorney that: "That transcript copy that you are giving away for free is my work product.  That is how I make a living to pay my bills and put food on the table.  That transcript helps me put my kids through school. I work hard every day just like you do. Please do not give my work away for free at my expense."

Hopefully, s/he will be understanding and sympathetic to y(our) cause and stop doing that.

What the DRA, CCRA and CSR board need to do is to work on getting legislation passed that if we become aware of transcript "sharing," that both/all parties involved should be held responsible for the full cost of that shared copy and a punitive amount. Now, THAT'S a battle worth fighting.

[Mary Jo Cochran]

Send them a bill (take off five cents for each page for copying cost).  Explain why you sent the bill.