Attorneys Scanning Transcripts and Sharing

[Karen A. Haworth]

I assume this happens more than any of us want to know.  I have been taking multiple depositions over the last few months in one case involving multiple defense attorneys.  I was asked today by one of the defense attorneys to compromise my invoices to her because - I find out - the group of defense attorneys (whoever gets the complimentary copy of that witness) has been scanning in that transcript and passing it around to all the other defense attorneys.  This, obviously, cuts me out of a LOT of copy sales.

Is there anything we can do, as court reporters, to curtail this overall practice?  I do not automatically send an e-mail of any transcript to any attorney unless someone specifically asks (and then I review the case circumstances before I send it), so whomever it is (or multiple attorneys) is using their own equipment and time to do the scanning and e-mailing.

Is there some new technology anyone has heard about that would help US (court reporters as a whole), for once, to get attorneys to HAVE to get their transcripts from us?  I understand about motion practice and the need for attorneys to attach testimony/transcripts to their motions, but scanning and passing transcripts around?  Maybe they're not thinking of the bread and butter they are taking away from the reporter?  Ahh for the good-old days, when court reporters were actually respected and APPRECIATED for our skills and ASSISTANCE in attorneys' achievements, not just a way to cut costs.

If anyone has an idea, I'm all ears...   

[Marty Herder]

At a minimum, have a conversation one-on-one with each of the attorneys.  Ask them how ethically they can define this as anything but "Theft of Services."   I've had to have this conversation before, and it at least puts them on notice of where we may go to stop it.  I've also had the surprising result that they paid for what they had gotten.  Follow the conversations up with a letter, addressed to all of them, and perhaps cc the state bar.   We have to speak up.  Best wishes, Marty.

[Mary Jo Cochran]

Is it possble to put a watermark on them, that goes across the whole page, SCANNED COPY, NOT FOR REPRINT, (in light gray shade).  Is that a plausible idea?

[Amanda Leigh]

http://www.ncra.org/files/MCMS/D41C50BD-7F4D-4F9A-A89B-A7D59B9372CA...

Outcome of Ohio appeal for prosecutor's case to screw the reporter (what a guy):

http://www.sconet.state.oh.us/PIO/summaries/2004/0908/031671.asp

www.protectedpaper.com. 

[Kerry F]

There's some PDF format out there that you can email the witness an electronic copy to read and sign that he cannot print or send anywhere.  Judy from this site told me about it.

[Karen A. Haworth]

Yep.  I remember that paper.  It was called No-Copy paper and it WAS very expensive at the time.  Plus, it was maroon!  When the transcript was printed on it, you could go blind trying to read it.  I think that paper is still around, in some form or another, but has some safety paper/watermark background to it.  

I remember using the No-Copy paper one time (at LEAST 15 years ago)  - where the defense attorneys (maybe six) were BLATANT and said they were going to copy the transcript for each other - SAID IT RIGHT IN FRONT OF ME, too.  I got my point across, though, when the attorney who received the original (with the No-Copy paper) called me, very nice, and said he understood where I was coming from, and, in time, the other attorneys called for a copy of the transcript - and I invoiced every one of them!

I'm just looking for pie in the sky, I guess.

But, I'm open to ALL suggestions.  Anyone???

[Stefanie Landa]

I remember a long time ago, there was a paper that was expensive that we would print the job on that, if copied, would make a shadow or wouldn't copy well.  We would only use it when we knew copies were being passed around on a case, but now with emailing transcripts, they can produce/print as many uncertified copies as they want.  Sorry, I don't know the answer, I was just thinking back a few..okay, maybe 15 years ago.