HELP!! SUPPLYING ROUGH ASCII/REALTIME AND NOT ORDERING FINAL - CSRNation2024-03-29T10:47:13Zhttp://csrnation.ning.com/forum/topics/help-supplying-rough?commentId=1736041%3AComment%3A1117666&x=1&feed=yes&xn_auth=noThat's why I am soooo thankfu…tag:csrnation.ning.com,2009-12-31:1736041:Comment:11176662009-12-31T04:18:44.563ZLynnette Copenhaverhttp://csrnation.ning.com/profile/LynnetteCopenhver
That's why I am soooo thankful I found this forum for reporters, videographers, scopists, et cetera.<br />
I love everybody's feedback and sharing with others.<br />
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I love for forewarned is forearmed. My new motto!!
That's why I am soooo thankful I found this forum for reporters, videographers, scopists, et cetera.<br />
I love everybody's feedback and sharing with others.<br />
<br />
I love for forewarned is forearmed. My new motto!! Lynnette, needless to say, wh…tag:csrnation.ning.com,2009-12-31:1736041:Comment:11176652009-12-31T04:10:52.113ZMary Ann Payonkhttp://csrnation.ning.com/profile/MaryAnnPayonkCSRRDRCCPCBC
Lynnette, needless to say, when remembering this incident years from now in your old age ... or even weeks from now in your young age ... all I can say is, "Consider the source," and learn from the experience. For sure, don't let it happen again. And share with others, as you're doing. Knowledge is power in these matters, not only in learning that there are these special practices in the NY/NJ area, but also that there are agencies out there who will try to play fast and loose with reporters.…
Lynnette, needless to say, when remembering this incident years from now in your old age ... or even weeks from now in your young age ... all I can say is, "Consider the source," and learn from the experience. For sure, don't let it happen again. And share with others, as you're doing. Knowledge is power in these matters, not only in learning that there are these special practices in the NY/NJ area, but also that there are agencies out there who will try to play fast and loose with reporters. Forewarned is forearmed (a variation on "Knowledge is Power").<br />
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M.A. Thank you, Mary Ann. I totall…tag:csrnation.ning.com,2009-12-31:1736041:Comment:11176642009-12-31T04:02:36.599ZLynnette Copenhaverhttp://csrnation.ning.com/profile/LynnetteCopenhver
Thank you, Mary Ann. I totally agree with everything you said.<br />
First, I would have thought the DC firm would have told me about this so-called "New York" rule, which they didn't. All they told me was to get all orders on the record, which I did. Both attorneys were from New York. If the takin attorney has the obligation to pay for the copy side, when I asked the orders, why didn't they say something?<br />
I also provided realtime and a rough to the copy side who is saying they don't want the…
Thank you, Mary Ann. I totally agree with everything you said.<br />
First, I would have thought the DC firm would have told me about this so-called "New York" rule, which they didn't. All they told me was to get all orders on the record, which I did. Both attorneys were from New York. If the takin attorney has the obligation to pay for the copy side, when I asked the orders, why didn't they say something?<br />
I also provided realtime and a rough to the copy side who is saying they don't want the transcript now, although I have it on the record where they clearly said they did and what their order was.<br />
I'm supposed to contact the firm on Monday and talk to someone, so I'll keep you posted.<br />
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I just feel like this is bad business and I'm getting the short end. With the copy side getting a rough and realtime, they are basically getting a free transcript. Although it's not the final, I wrote excellent that day.<br />
I'll keep everyone posted. I really appreciate your comments.<br />
Happy New Year Hi, Mary. You know, Florida a…tag:csrnation.ning.com,2009-12-31:1736041:Comment:11176632009-12-31T04:02:11.474ZMary Ann Payonkhttp://csrnation.ning.com/profile/MaryAnnPayonkCSRRDRCCPCBC
Hi, Mary. You know, Florida attys are getting a huge reputation for no-write-ups. I think what happens is that they wait until the last minute, then order it and pay the expedite, thinking that they are saving money because some of the cases they might otherwise have ordered transcripts for just settle, and even with the expedite fee, they save money.<br />
<br />
The other thing that FL attys are getting famous for is being made COD. Let's just say there has to be a reason for that.<br />
<br />
M.A.
Hi, Mary. You know, Florida attys are getting a huge reputation for no-write-ups. I think what happens is that they wait until the last minute, then order it and pay the expedite, thinking that they are saving money because some of the cases they might otherwise have ordered transcripts for just settle, and even with the expedite fee, they save money.<br />
<br />
The other thing that FL attys are getting famous for is being made COD. Let's just say there has to be a reason for that.<br />
<br />
M.A. Hi, Lynnette. So you're in Co…tag:csrnation.ning.com,2009-12-31:1736041:Comment:11176612009-12-31T03:52:11.178ZMary Ann Payonkhttp://csrnation.ning.com/profile/MaryAnnPayonkCSRRDRCCPCBC
Hi, Lynnette. So you're in Colorado, and a Washington, D.C. firm called you for coverage for a case based out of New York. Reading and re-reading your post, it seems that at first the reporting agency here in D.C. bent the story initially and said the copy side didn't order and only after they were reminded that you did get the orders on the record that they gave you the story about all New York cases buy the other side a copy, and it has to be agreed to.<br />
<br />
Like Marge pointed out, there are…
Hi, Lynnette. So you're in Colorado, and a Washington, D.C. firm called you for coverage for a case based out of New York. Reading and re-reading your post, it seems that at first the reporting agency here in D.C. bent the story initially and said the copy side didn't order and only after they were reminded that you did get the orders on the record that they gave you the story about all New York cases buy the other side a copy, and it has to be agreed to.<br />
<br />
Like Marge pointed out, there are areas in that part of the country where it's true that the conducting side provides the other side their copy ... but is there any law out there that that copy is free? A copy sale is a copy sale, as is RT and a RD, valuable products and services. I have a real problem with that "must be agreed to." If this was true, the D.C. firm should have known that and they should have let YOU know the procedure, if it was to get the OTHER side to agree to pay for the copy side's "stuff." Come to think of it, when the orders when on the record, as you said they did, didn't the conducting side HEAR any of that? Did they have a chance to protest and say, uh, sorry, we are NOT paying for your copy this time, and if you think we're paying for your realtime and rough draft, you're sadly mistaken.<br />
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As for providing a participant with a realtime screen without purchasing a transcript, I've done that, BUT WITH MY OWN COMPUTERS ONLY, for the simple reason that using their own computers, they'd have a superb rough draft on their hard drive that they could easily use as a final transcript. Uh, no. I've charged for view-only realtime with no rough draft at an hourly rate.<br />
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I do not provide rough drafts without purchase of a final transcript. Realtime with an atty's own computer equals RT plus RD because they have two things, realtime and rough, no matter whether there's a somewhat cleaned-up rough draft that could be sent out at the end of the day.<br />
<br />
But the bottom line here might be that the problems started when the reporting agency gave you two different stories. You smelled a rat and decided to investigate. If it's quacking, waddling and paddling, it is indeed the proverbial duck. What to do about it? Bill them for the services you provided. Keep pestering them. Remind them that their agreement with the attys does not constitute nor affect your billing policy on a job. A thought just occurred to me, and that is what would have happened if you'd denied realtime to the party who requested it. Seems like the D.C. firm would have been flipping out if that happened, accusing you of not accommodating their client's request.<br />
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Best of luck. Some state associations do this, but I believe there should be an area on the NCRA website that lists judgments court reporters have obtained against not only attorneys and law firms, but against court reporting firms who have been sued and lost.<br />
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Good luck, dear.<br />
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M.A. I would think since the witne…tag:csrnation.ning.com,2009-12-30:1736041:Comment:11175272009-12-30T05:39:09.927ZMary K. Levyhttp://csrnation.ning.com/profile/MaryKLevy
I would think since the witness will probably read and sign, whoever subpoenaed the witness will handle that. I really don't know who pays what, not being a reporter, nor who orders what. But I do know that in New York, I didn't hear much about transcripts not being ordered when taken. I do know that agencies began requiring the transcript to be ordered on the record, but unless there was a last minute settlement of a case, all transcripts I got were finalized and turned in to the agency. I…
I would think since the witness will probably read and sign, whoever subpoenaed the witness will handle that. I really don't know who pays what, not being a reporter, nor who orders what. But I do know that in New York, I didn't hear much about transcripts not being ordered when taken. I do know that agencies began requiring the transcript to be ordered on the record, but unless there was a last minute settlement of a case, all transcripts I got were finalized and turned in to the agency. I know in Florida, for example, a reporter can spend all day taking a deposition and then it isn't ordered. I just can't imagine that happening in New York, though. Lynnette,
Thank you for the…tag:csrnation.ning.com,2009-12-30:1736041:Comment:11175262009-12-30T05:36:11.109ZMarge Teilhaber (TILE hobber)http://csrnation.ning.com/profile/MargeTeilhaber
Lynnette,<br />
<br />
Thank you for the compliment. Yes, I'm a great reporter and turn out "deadly accurate" work in the words of a nice compliment I got from a lawyer once but I can't write clean with motor-mouths and interrupters and so I don't offer interactive RT. I obviously lose a great deal of high-level work because of this but it's ridiculous to offer the service and risk getting complaints.<br />
<br />
Each oddball scenario I encounter, I cover it on my rate sheet. This way I don't have to worry about it…
Lynnette,<br />
<br />
Thank you for the compliment. Yes, I'm a great reporter and turn out "deadly accurate" work in the words of a nice compliment I got from a lawyer once but I can't write clean with motor-mouths and interrupters and so I don't offer interactive RT. I obviously lose a great deal of high-level work because of this but it's ridiculous to offer the service and risk getting complaints.<br />
<br />
Each oddball scenario I encounter, I cover it on my rate sheet. This way I don't have to worry about it again in the future. So you should put an item in there for how to handle extra services with a party who gets a "free copy." Supreme Ct of NY and Superior Ct of NJ are the ONLY venues I know of that have this BS of a "free copy." NO WAY do you offer rough or RT without a copy order. Oh, this BS exists in CA, too, but I've found that the attys do the right thing and order a copy from the CR.<br />
<br />
You need to get paid MORE for the rough that went to the party who was receiving a free certified transcript (copy) from the taking atty.<br />
<br />
It's totally possible that your CO agency didn't even know about this Supreme Court of NY BS. But now that you know of this phenomenon, plan for it in the future by getting agreement in advance about how that scenario will be handled.<br />
<br />
When you say "out of all the NY cases I've taken," do you mean they're all Supreme Court of the ST of NY cases? If it's federal district court, this does not apply. If they're all Supreme Court of the St of NY cases, it's impossible that you haven't encountered this before.<br />
<br />
If this "free copy" atty ordered his transcript the next day but the taking atty does NOT order it for the next day, free copy atty pays the daily copy surcharge based on the O&1.<br />
If this free copy atty used a RT hookup, they pay but pay a HIGHER RATE THAN NORMAL to compensate for the lack of a copy order. The agency should be charging the atty and paying you your percentage of that billing. Bad enough to not get a copy sale but YOU CERTAINLY SHOULD BE PAID for the RT hookup. What is up with that? Something is fishy with your CO agency.<br />
<br />
Keep us posted on this! That's interesting. Thanks, M…tag:csrnation.ning.com,2009-12-30:1736041:Comment:11175242009-12-30T05:11:00.131ZLynnette Copenhaverhttp://csrnation.ning.com/profile/LynnetteCopenhver
That's interesting. Thanks, Mary.<br />
I'm still very confused though since I've never had this happen before.<br />
Also the deponent did not have his own counsel. He was a third party and was testifying about certain discussions between plf. and def. He was totally independent from the proceedings.<br />
<br />
Does this mean then that in New York if the deponent has counsel, they always get a free copy? So a lot of jobs may only be an 0&1 then, right?<br />
<br />
Also do the reporters give roughs out and/or realtime…
That's interesting. Thanks, Mary.<br />
I'm still very confused though since I've never had this happen before.<br />
Also the deponent did not have his own counsel. He was a third party and was testifying about certain discussions between plf. and def. He was totally independent from the proceedings.<br />
<br />
Does this mean then that in New York if the deponent has counsel, they always get a free copy? So a lot of jobs may only be an 0&1 then, right?<br />
<br />
Also do the reporters give roughs out and/or realtime without a final order?<br />
I'm so confused. Thanks for the input Since I began my scoping busi…tag:csrnation.ning.com,2009-12-30:1736041:Comment:11175222009-12-30T05:00:03.409ZMary K. Levyhttp://csrnation.ning.com/profile/MaryKLevy
Since I began my scoping business in NYC, I looked in my form book that I have accumulated over the years since I began. Both the state and federal form stipulations that usually appear in the beginning pages of the transcript provide for a free copy to be given to counsel for the testifying witness, not the other side necessarily. So there is a free copy in there, and I guess that's the +1 basic order.
Since I began my scoping business in NYC, I looked in my form book that I have accumulated over the years since I began. Both the state and federal form stipulations that usually appear in the beginning pages of the transcript provide for a free copy to be given to counsel for the testifying witness, not the other side necessarily. So there is a free copy in there, and I guess that's the +1 basic order. The caption on the job was th…tag:csrnation.ning.com,2009-12-30:1736041:Comment:11175092009-12-30T03:26:33.248ZLynnette Copenhaverhttp://csrnation.ning.com/profile/LynnetteCopenhver
The caption on the job was the Supreme Court of the State of New York.<br />
I've just never heard of New York havin a "rule" that the taking attorney pays for the copy side. Out of all the New York cases I've reported in the past, I've never heard that. I've always had them order separately and pay separately. Also if that was the case, I would think the agency should have told me that beforehand.<br />
Also in Colorado we don't use order forms, but perhaps I should start. Although, Cathryn, you made a…
The caption on the job was the Supreme Court of the State of New York.<br />
I've just never heard of New York havin a "rule" that the taking attorney pays for the copy side. Out of all the New York cases I've reported in the past, I've never heard that. I've always had them order separately and pay separately. Also if that was the case, I would think the agency should have told me that beforehand.<br />
Also in Colorado we don't use order forms, but perhaps I should start. Although, Cathryn, you made a good point.<br />
And Marge, I'm sure you are an excellent reporter!!!!! (Actually I know you are)<br />
I also think the agency should have told me that they only wanted a rough, not the final, even thouh as I said before, on the record they wanted the final!!! I know, I keep repeating myself.<br />
I think the New York rule they are telling me is BS, plus only paying me for the rough is BS.<br />
I smell something fishy. . . . .<br />
So now the agency has told me they won't pay for the transcript or the daily copy or the realtime hookup (he used my own computer, btw) and they will only pay for the rough. er. . . .<br />
I'll let you know what happens<br />
THANK YOU ALL!!!!