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Seems like I'm running into this a bit more lately...............
Plaintiff's attorney doesn't order a copy and says to send a copy to the witness to read and sign and of course then the plaintiff's attorney gets a free copy. If the job is for an out-of-state agency, they don't have an office for the witness to go to. I believe there are read only copies that can be sent electronically that can't be printed, but they can be forwarded to someone, right?
That is a problem not having a local place for the witness to read and sign in person. I think oftentimes, if we could do that, especially with experts, the expert is going to complain to his attorney about having to do that and end up billing a lot more than the copy for his time to go somewhere to read and sign it. I don't think local agencies would be eager to help out a national firm with a read and sign............
But, Kerry, as per all the rules, the transcript "must be made available," and I believe it is generally accepted that the wit has to go somewhere (generally, the reporting office) to read and sign. That is what is required. Reporters/agencies don't get involved in witness billing. That's the atty's purview. You know, Mr. Attorney Who Represents the Witness, if your witness is going to charge You for the time involved in reading and signing, then, perhaps it would inure to the benefit of your client to purchase a copy; but the rules just state that the transcript must be made available to the witness to R & S, not made at available at the most convenient to the witness' office. And, as we all know, when a transcript is not purchased, generally, this R & S business is just a cover for the cheap attorney to receive a free copy. Sorry. I'm speaking openly here.
I'm just saying it's too bad that local reporting firms wouldn't provide a place for a read and sign for a national job. They aren't going to pay to rent a conference room for the witness to go. I did get a small local agency to do this for me on an expert depo last years, 200 pages. At the end, Plaintiff attorney didn't order and immediately the witness said send me an etran to read and sign. Well, the out of state agency sent me a hard copy to drop off at the local agency. The witness got a letter to go there and read his depo. Boy was he pissed. Sent me a very nasty email and said he had that happen one other time to him, and he'd make sure he never recommended me or the agency for any depos. And I kind of got scolded by the local agency who said: If the national firms would just refer the jobs to an agency, this kind of thing wouldn't be a problem. They guy never came to read his depo...........
And that's because, in my opinion, the R & S was a ruse only to get something for free. In my case, I personally had a location in the City for the wit to R & S, but the agency wanted to send it electronically. Too bad the wit was pissed, but, as they say, thems the rules. And, as for your scolding by the local agency, bemoaning the fact that a local agency was not used, I don't empathize with the agency. If more would stand up and have the wit go to an office to R & S, in my opinion, more copy sales would be made. Big cases and opposing counsel wants wit to R & S and no copy sale? Unh-unh. Something's wrong in Mayberry.
You're so right...........this agency was nice enough to mail me a hard copy mini.
I'm sure this has been addressed before in various places on this site, but just in case people run into lawyers from Southern California (I'm in L.A.) - they regularly stipulate to "relieve the court reporter of his/her custodial duties" and to have the original transcript sent to the witness or his/her counsel to be reviewed, corrected, and signed under penalty of perjury - so there's almost never a copy order from the other side. A SURPRISING number of them have memorized the SoCal stip and don't even know what the actual Code provides for (or have long since forgotten). When they close "by Code" where I am, it's usually to screw the other side in a contentious matter. So just sayin' many cats out here ain't used to ordering a copy... :(
A situation that is RIPE for a new price structure for transcripts. Raise the original to cover the cost of one copy. So disheartening with R & S and no sold copy. Pretty soon, reporters will be joining the lines of the min-wage workers picketing McDonald's. $7.25 an hour ain't cuttin' it. The "classiest" attys, the "ones who do the right thing," simultaneously order a copy and order R & S, my heroes.
Wonder if some reporters who are working for agencies are making min right now, Deanna, once you add ALL time (including getting to job, home, setup, etc.) associated with taking and producing the job and the scoping/proofreading expenses.
And those guys who get the original and order copies are my heroes, too, Deanna--had one yesterday who proudly answered yes to transcript and video. Integrity.
Hi, Amanda Leigh, so very true! All the examples your cited, plus preparing the Index and invoice, all administrative things related to producing one job, I doubt min wage is being met.
Cynthia, I hate it when the L.A. attorneys come to Northern California for that reason. I have been fortunate, though, that the majority of Northern CA attorneys stop them mid sentence and says "We do not do that here."
Yes, we remind them in our neck of the woods, too, that they're not in SoCal any longer! Interesting to watch their facial expressions. They then agree to purchase a copy.