I've been running into this more and more.

I take a job, 0&2.   The agency I took the job for sometimes will send out the copy COD depending on who the copy law firm is, sole proprietor, slow or bad pay firm.   So then I don't get paid on the copy if the agency doesn't get paid by the copy attorney.  I mean I don't blame the agency, check this out first if they are concerned.  But I seem to be running into this more and more.  And the copy attorney signed an order form and is taking care of signature for the witness.

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The remedy for nonpayment is small claims court.  I learned several years ago that the only way you can prove your case is by placing on the record the copy orders.  And because of that, very few of my copy orders don't get paid.   Just a thought if you want to get paid.

No, really stand by this agency being honest.  They have ALWAYS paid me timely for everything.  The copy attorney didn't even respond to my email when I emailed him to let him know the taking attorney had ordered a rough draft.  Why would the agency bother to call me tell me they had not heard from this attorney by email or voicemail?  The copy order isn't that large an amount.  Even if we get it on the record, attorneys would probably say we just added it and then they would want our audio.............  So I guess the real question is, once they sign an order form does that mean they are obligated to payment even if their copy is sent COD?

I do my very best to have both an on-the-record statement and a signed Transcript Order Form signed.  I have a line on my Deposition Support Index that reads:  Transcript Order of Counsel, and I include the page and line number where they stated their order.

But the page and line number could change after editing.

And the question still is, does this bind them to having to pay for a copy that is sent COD?

Kerry, after you finish editing the job, you know what the page and line number is, and that's when you include the page and line # in the Dep Supt Index.

In my opinion, if you have a signed or stated-on-the-record transcript order, that constitutes an order.  Yes, they have to pay for it, via COD, cred card, etc.

Oh, I thought you were putting the page and line number on the order from at the depo, and then you have an unedited transcript where the page and line would change.

I agree with you on the signed order or stated on the record means they are obligated to pay, but do you really think that would stand up in court if they haven't received the their copy?  They'll just tell the judge they changed their mind, much like when you return something to the store you decided you don't want.

I think it would stand up in court.  WHEN was the reporter notified that transcript order was rescinded?  And was it in writing?  If they want to cancel the transcript order, the transcript would already be in progress, and I think they should pay a prorated copy amount.  See what others say.

In my experience, some agencies do not require transcript forms from "their" clients.  More agencies are demanding order forms, or payment cannot be guaranteed to reporter - order forms or statements on the record.  Since it is I who will or will not be paid, I try to remember to always have all parties, even agency's clients, either sign forms, state orders on the record, or both.

Let me share my experience as an agency owner and a reporter.  I sometimes think that some attorneys who sign the order form or say yes on the record to ordering a copy do it so the other parties in the case think they are receiving a copy.  It happens more and more these days that attorneys simply do not want to pay for a copy.  I think money is still definitely tight for them and their clients.  That is not an excuse, believe me.  That is the main reason that agencies send COD.  When it is COD, obviously the attorney does not receive it and therefore they are not obligated to pay for it.  We don't even prepare the copies anymore if they are COD.  It's really painful to shred especially large transcripts that are not ultimately paid for by the attorney.

I recently have had the experience with a very large, well-known, high profile firm in Palo Alto who has racked up almost $20,000 in transcripts and synch'd videos in a very high-dollar case.  My client immediately paid their invoices, but this well-known law firm simply tells me that it's not the case of whether I will be paid, it's a matter of when I will be paid.  They funnel all of their A/P to one person in Los Angeles and he tells it like it is.  These invoices are now over six months old.  What do I do?  I wrote the senior partners on the case to share with them their obligation in the very nicest of ways.  I told them that we professionally and timely provided their last-minute requests related to transcripts and videos and that it would be appropriate that they would treat us in the same professional way and pay our fees.  I have not heard on peep out of any of them.  Do I sue them?  What do I do?  It's very frustrating.

Denise, after numerous attempts and after waiting six months, could you contact the judge assigned to the case?  That might get their arses moving.  Check with others in your area.

Well, if you don't care if they use you again, then I would tell them you are filing a grievance with the state bar or just file the grievance anyway.  Or take them to small claims court.  Once they are served to appear in small claims, they will probably pay you because I think the judge would rule in your favor when it's six months old.  I wonder what difference it would make if the transcript order forms they signed said they would pay in 30 days.

Well, the case already went to trial so I doubt that would work.

I once sent an email to an arbitrator on a big case because one of the parties was not paying - and these arbs went on for a few years - and he would not get involved.


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