Attorneys who mark their own exhibits

[Kristin Vickery]

I am not accustomed to attorneys marking their own exhibits. It doesn't seem to be the norm in Washington state. However, when I work with out-of-state attorneys, they all ask for exhbit stickers and mark their own exhibits as they go. This tends to throw me off.
On Friday, I did a deposition where I didn't realize we marked the same number twice. As hard as I tried to keep up with noting which number we were on, I missed one and when the attorney asked what number we were on, I gave the wrong number. Now I have two Exhibit 8s in my transcript. I feel silly. I just don't know what is the best way to regain control over marking my own exhibits. I thought I had it under control when I announced that I prefer to mark my own exhibits in this dep. When it came time, the attorney was reaching over and grabbing my stickers or snapping her fingers for me to give her the stickers (while she was still talking and the witness was answering). I would really appreciate any input.

[Judy]

This is what I do. I have the smallest pad of colored stickies. I prelabel about 10 stickers. That way, you always know what number/letter is next in line. Plus, they can grab your pad and put the sticker on it without bothering you.

Then when I go back and prepare the transcript, I use my Brother label maker and make it nice and pretty.

[Mary Vazquez]

Judy, you sound so nice. In my reply I sound like evil court reporter from hell.

[Judy]

You just don't know me well enough. You should talk to my ex-husband. "Hell" will be peppered in the conversation, but it won't be "court reporter from hell."

[Kristin Vickery]

Typically, I premark exhibit stickers up to 5. I take the first four off and stick them on the edge of my computer screen and leave number 5 on the pad so I know where I am at all times. I think based on everyone's feedback, I need to at least get through No. 10 labeled ahead of time.

[Vesna Walter]

I do the same thing as Judy. Most attorneys do it themselves in Southern CA.

[Mary Vazquez]

Dear Kristin, This is one of my pet peeves. I absolutely can't stand when attorneys mark their own exhibits. I've experienced it with out of town attorneys and it drives me up and down the wall! I applaud you for saying that you prefer to mark your own exhibits. I find that when attorneys mark their own exhibits the index page is always off, no matter how hard you try. It's one thing when its up to a dozen exhibits but when you are talking anything over ten, uh-uh. It's a no no. Then you're spending even more of YOUR time going through the exhibits at the end hoping that you've got them all.
I have a conversation in the beginning of the dep or off the record and I very professionally explain what my preference is. If they are not comfortable with it then they must know that they will get in the transcript and the index "a document" and I will not be responsible for their misnumbering. I make it very very CLEAR!!
We are not secretaries/admins. We are court reporters there to preserve the record and they are inhibiting us from doing so.
Wow, pardon me...was I ranting?
Mary.

[Kristin Vickery]

I wouldn't call that ranting as much as reading my mind. I find that when the attorneys are marking their own exhibits, they aren't consequtive. I have exhibit 14 in the index and then we have No. 9. I spend time double checking everything at that point to make sure I didn't screw up. I am sure most of it is what I am used to. Perhaps I am just a bit of a control freak when it comes to the exhibits and knowing where they are, etc.

[Mary Ann Payonk]

Hi, Kristin. I'm in Washington ... but Washington, D.C. When I get to a job, I always get a sheet of stickers out, and I ask the atty, "Will you be marking some exhibits today?" They almost always will ... so I ask, "And are we starting with No. 1, then?" About 80% of the time ... MOST of the time, they've got some running number they're starting with other than 1. Once we get that straight, I make about 10 stickers (and I also turn up the edges so they're easy to get off the paper ...) I tell the atty, "Now, I WILL mark the exhibits, because it IS my job ... but if you'd like to mark them as you hand them to the witness, that would be okay too." Most times they do NOT want to mark the exhibits and leave it up to me. Most times, though, they really love having that sheet of stickers right there so they can just glance over and pick up what the next number is.

I also know it's VERY frustrating to use up 10 stickers if they only mark 2 or 3. But most times, we mark more than I've made up. It's just a few cents, if that much, so NBD if they're not used up. Gotta spend money to make money, and that's just one of the "spends," I guess.

M.A.

[Kristin Vickery]

I like your way of handling it. I did the first part telling them I was marking, but I like the added part about they can mark as they hand it to the witness then I can still give them the sticker and have control of knowing when things are actually marked. I have so many exhibit stickers that I am not worried about overnumbering and not using them. I save them and use them later on if I can.

I ALWAYS ask about whether we are marking and if we are starting with No. 1. I actually had an attorney tell me once that he was going to use only prime numbers. After that I couldn't help but laugh every time he wanted to mark an exhibit. Obviously he was joking, but it still cracks me up whenever I see him.

[Kristin Vickery]

I think you really hit on the issue I am having. If they are marking exhibits on their own, how do you know when they mark them and how do you have time to write down on your worksheet what number they are on? This is what really got me on my last job. They attorney took my sheet and just numbered a bunch of stickers and was sticking them on documents but not introducing them into the record right away. I didn't even have a moment to take my hands off my machine to keep track. I was making notes when I could, but that's where I missed one number so we ended up with a double number. How do you do it? I can see if it is a normal, average pace and there is a pause, but what if there isn't? How do you keep track?

[Quyen]

Ugh, this drives me freakin' nutso when attys want to mark their own exhibits! I'm a control freak, and there's a 99.999% chance that their penmanship is like pins and needles in my eyes. I even go so far as to point out EXACTLY where they should write the exhibit number, but nooooooo, they have to write the number really big clear across the entire friggin' sticker, right over where my witness's name and date should be. Aaaarrrgh!

And then they have the nerve to ask what number WE'RE on? Uh-uh, no. I've told them, "When I don't mark the exhibits, I don't keep track." If the atty wants to mark the exhibits his/herself, they've taken it upon themselves and it's their job to keep track of the numbering. I'm not an admin, sorry.

[Mary Vazquez]

You are so singing my song!!!!! Everybody sounds so nice with their post its and the like. When marking, I like to take the exhibit and identify it for myself right on my machine then I mark it then I hand it to them. That's what I prefer. That's what works well for myself and my five scopists. Instead of having to go back and do all the extra work of filling in the blanks. We only get paid when we're writing. All that pre and post game show is on my dime and taking away from my kid's time. No thank you.

The question what number are we on....don't get me started! I just had an excellent cup of coffee. LMAO!