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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 Kelli Combs (admin) on December 4, 2013 at 6:47: Oh, of course, I'd bill for an hourly of the reporter's time. That's what my agency does that I work with. We're not there just for the fun of it, that's for sure.

Comment by Becky Young on December 3, 2013 at 20:16: I like your idea, Mary. If they don't order transcripts, I usually charge for writing time, but I may re-think that. Thanks for your thoughts.

Comment by Mary Jo Saul on December 3, 2013 at 20:06: Looks like Kelli Combs is somewhat in agreement. I agree. If you don't give the attorneys what they want, they will find someone else who will if it's a reasonable request.

Comment by Mary Jo Saul on December 3, 2013 at 20:03: Hi, there,

How about if the attorney taking the deposition says they don't need the transcript but wants to order the video? It happened to me, from Seattle. Different states makes it even more confusing.

My solution? It rarely happens, except for the attorneys from Florida where there are a lot of transcripts that are "hold notes," and when I end up with a "hold notes" I charge 75% of the cost of the transcript. The reporter still makes 75% of the page rate and does not have to produce a final transcript, so the reporter is happy, and the attorney saves 25% if they really don't need the transcript, and it certainly encourages the attorney to order it, anyway, if there is a possibility the transcript will be useful to have in the future.

About a month after the depo was taken, the law firm called and ordered the transcript, at which point the additional 25% was charged.

Hope that helps.

Comment by Kelli Combs (admin) on December 3, 2013 at 19:54: I think you should give him the video and charge him for only the video. Chances are, he/she will be back later to order a copy of the transcript. I just don't think you can decide you're not going to just sell him the video. If that's what they want, that's what you should give them. Just be patient because I'll bet they will order a copy later. There is very little you can do with just a video.