Copy of Video without Copy of Transcript?

Need some opinions.  Our office provided the reporting and videography services for a depo.  The non-taking attorney wants a copy of the video but not a copy of the transcript. One argument is that we should not provide a copy of the video without a copy of the transcript and are undermining the reporter by providing the video, that reporter is likely missing out on a copy order because of that.  The other argument is that we can't can't pick and choose what the attorney orders and it is not ethical to withhold the video from them.  Thoughts?  Thanks!

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Comment by Amanda Leigh on February 12, 2015 at 12:17

Video copy with no transcript (for nontaking party) is the cost of the video plus the copy cost of pages only (no production costs, i.e., exhibits, binding, tabs--if they want scanned exhibits, too, then those are, of course, charged), shipping and copy admin fee.

Comment by Barbara A. Como on February 12, 2015 at 8:29

It is unfortunate that the reporter would lose out on a copy, but as I farm out the video and do not do it in-house, I wouldn't have any control over it.  It's peculiar that someone would want a video and not a transcript because, of course, the video is not the official record.  Just a thought.

Comment by Dean Morris on January 8, 2014 at 4:15

Respectfully, David, the only way reporters must supply Roughs is with the agreement that a Final transcript is mandated to be purchased. I work for New York agencies, as well, and supply Roughs.  The Final transcript has/is/will continue to be purchased with the purchase of a Rough, or a Rough will not be supplied.  As easy as that.

Comment by David Levy on January 7, 2014 at 18:29

When I was a staff reporter at Esquire back in the '90s, an out of town law firm scheduled a depo with us and booked our conference room. I was assigned to the job.

Well, lo and behold, in walk the attorneys, the witness, and their own court reporter whom they had brought with them!   I felt they had some nerve!  After consultation with my boss, Malcolm Elvey, we insisted that I also report the job and they would have to pay us for our transcript, as well as pay for whatever they got from the other reporter.  Of course, I was at a disadvantage because their reporter was familiar with them, with the case, with the vocabulary, etc.   I hated to think that they would be comparing the two transcripts.

This is the only time in my career that this has happened. 

Comment by David Levy on January 7, 2014 at 18:21

I think I would make the point to such an attorney that, "We are a court reporting service.  We are not a video service.  We don't do weddings.  The transcript is the official record."

Comment by David Levy on January 7, 2014 at 18:20

Agencies in NY used to have a policy that an attorney doesn't get to order lit support (roughs, etc.) without ordering a transcript.  I notice that this seems to be going by the boards.

Those of us who want to uphold certain standards are hurt every time a defeatist in the game throws in the towel.  To quote one of the signers of the Declaration of Independence, "Either we all hang together, or we shall all hang separately!"

Comment by Sherry Morrison on December 13, 2013 at 18:09

We charge them per page.  Period.  They order a rough, they pay for a copy (whether they want a hard copy or not).  They order a video, they pay for the video AND pay for what we would charge for a copy.  

Comment by Kyung on December 5, 2013 at 9:15

@Kelli, when you say there is very little they can do with the video, they can get the video transcribed.  Whether that is cheaper or not, I guess, depends on who they use to do the transcription.

Comment by Becky Young on December 4, 2013 at 7:09

We do charge for the reporter's time to the taking attorney.  I do sort of like the idea of maybe charging a percentage of page count instead of hourly.  However, my posted question goes to the ordering of a copy - not dealing with taking attorney and the original.  The 0+1 was ordered and paid for. 

Comment by Judy on December 4, 2013 at 7:08

I'd sell them a copy of the video, but certainly not a sync'd video.  If they want it sync'd, they need to purchase a transcript too.

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