Question for California reporters

[Rachel Gard]

Hi Everyone!

Can the California reporters help with this? I'm in Chicago. A few of my independent friends and I have recently started working for a California agency, Los Angeles. All of us do work for a number of out-of-state agencies and do quite a bit of out-of-state work. In Illinois, we have an original to the taking attorney, not an O/1. All of the other out-of-state agencies we work for pay an O/1 to us for the taking attorney.

This California agency is trying to tell us for their California clients who come to Chicago (and even in California), if there isn't specially the "stipulation" -- which I know what that is -- the taking attorney gets an original only, not an O/1. I've never heard of this. I thought all California (and almost every other state for that matter) attorneys receive an O/1 regardless of what they do with the original for signature. I've ALWAYS been paid for the O/1 if it's a state other than Illinois.

Are they trying to pull the wool over our eyes here? Do California attorneys ever receive an Original only?

Rachel

[Rachel Gard]

I knew we couldn't be the only original-only state! Are there any others?

[Veronica Kubat]

I'm not clear what the issue is, but if the agency that is charging is in CA, it's an O&1. If the agency that is charging is in Chicago, it would be whatever the agency does in Chicago. I'm sure I'm missing something, but it would seem to me that it doesn't matter where the depo is taken. It matters what the billing agency's practice is within that state. (?)

V.

[Rachel Gard]

That's what I was trying to convey, Veronica. I think and suspect they're billing the clients based on their California billing practice (O/1) but only paying us for an original, as is custom in Chicago, and paying us for a Chicago-rate original, which is much lower than the California O/1 that they're supposed to be paying us for non-Illinois attorneys and cases. And their biller is trying to claim that since the dep took place in Chicago, it's Chicago billing, which is just totally 100% false. Agencies don't bill according to what state the dep is TAKEN in. Hope that clears it up even more. Yes, the agency is in California, so it should be an O/1.

[Rachel Gard]

I've figured out a better way to phrase this. The agency wants to pay us two different rates for an O/1: a higher O/1 rate if the attorneys do the California stipulation and a lower O/1 rate if there's no stipulation -- still both O/1s, though, just a different price based on the stipulation. I highly doubt that the agency is billing the attorneys differently for the O/1 based on the stipulation. If that indeed happens in California that there's two different O/1 rates based on the stipulation, let me know.

[Judy DeAlba]

You're talking about the LA stipulation -- which us Northern California reporters hate!!! The ordering atty gets the O+1 and what happens is the Original is sent to the witness (which means you're cut out of a copy -- they don't need to order it because they're getting it for free.) If I work for a LA firm and they stipulate away the Original, I always let the firm know that I'll be charging them for the O+2 -- which the firm doesn't like and so they keep looking for somebody who will work for less.

[Rachel Gard]

Just wanted to update and thank everyone for helping on this. The agency IS paying us for the O/1 to the taking attorney and a copy to the other side, which was ordered. So something must have sunk in. Don't know what, though. I appreciate everyone's input on this! I think I have a better handle on California procedures now, which is especially important since this agency is located in California.

Thanks again,
Rachel