I've been on a case where opposing counsel has signed transcript order forms and then the reporting agency can't get a response from him by email or phone to pay for the copy before they send him an etran.  Well, yesterday at the depo, I talked to him about we couldn't reach him for payment and he said, "Oh, yeah, I need to handle that" and wanted me to take his credit card, which I couldn't do.  He said to have the office call him that afternoon and he'd take care of it.  And he signed another order form for yesterday's witness and is taking care of signature for both witnesses.   Trial is the 26th of this month.  Of course, they couldn't reach him.  Then he rushes out after the depo and took my exhibits, either he or his client, but I doubt this witness took them.  So the taking attorney and myself have emailed him and called him that I need to get the exhibits from him.  No one has heard from him.  I have another depo tomorrow on this case.  What would you do or say to him?  Hopefully, he'll have the exhibits with him tomorrw.

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I would send him an email.  

Both the agency and myself have emailed him.  The agency 3 or 4 times for payment.  I emailed him about the exhibits yesterday around 1:00.  He hasn't responded to anyone about anything.  Oh, but during the depo he's checking his email on his phone a lot.  And he's on his laptop.

So, so awkward. And so, so not something you as the reporter should have to deal with. That's what we're giving our cut to agencies for. Sorry you're having to deal with this. Exactly this kind of thing is partly why I personally prefer dealing with larger (national) agencies rather than smaller (local) agencies. The larger ones tend to be much better trained/equipped to handle collections/communications with difficult attorneys. I personally would try to get out of the job and look for a new agency. In the meantime, I would put (Exhibits not provided by Mr. So-and-So) in my transcript.

Can't you just take all the information from his credit card?  You don't have to take the whole card, just write down the information.  

This is a national agency.  There's  a new piece now.  The difficult attorney emailed the taking attorney today and said he did not pick up the exhibits so he'd check and see if his client, the witness took them.  I know took them.  I remember him scooping all his stuff on the table, laptop, papers.   That witness was half asleep and wasn't carrying anything to put the exhibits into.  So the taking attorney is dealing with it.  I have to watch my exhibits like a hawk anymore so someone doesn't take them.  I look away for a minute and they're packing up and rushing out of the room anymore and take the exhibits with them.

Oh wow! Shoot. Well, still, I'd say (Exhibits not provided by Mr. So-and-So.) Or (Exhibits retained by Mr. So-and-So.) Good luck to you!

Definitely that blurb is going on the exhibit index page.  Taking attorney is sending me another PDF copy he is just putting handwritten numbers on.  I hope this case makes it to trial and the judge sees (Originally marked exhibits retained by Mr. Smith and/or the witness.)

Good for you, Kerry, and best wishes for how it turns out. :)

I agree with Lisa.  Your job is to get his signature on the order forms.  It's the agency's job to collect from him. 

I agree with Janet and Lisa.

Well, at this point, I'm not getting paid for a copy until and unless the agency gets money from this guy and I don't blame the agency give his behavior in all this.  But they are dealing with it, I'm just getting the signed order form.

Well, today's depo was a no-show by both this attorney and the witness and he was court ordered to give this deposition.  Still trying to get a copy of the exhibits...........


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