Usual attorney shenanigans

[Kyung]

Arbitration:  Attorney is looking to get out of paying for his copy order.

 

He says:  I just got an electtronic copy.  The reporter didn't say there would be a charge.

 

On the record he says he wants what the arbitrator is getting, which would be a condensed and pdf.

 

So anybody know of any Code that has to do with paying for a transcript he ordered in an arbitration.

 

I told agency CCP 2025(p).  But it doesn't seem to quite fit.

 

And this being an arb, does it even fit under the rules of Civil Procedure?

 

Oh, another thing.  Video played during arb.  Usually you put blurb, video playing, whatever.  Now, they want what was actually played on the video in the transcript.  Transcripts have already gone out.

 

Question 1 - Shouldn't arbitrator notified before any changes are made?

 

Question 2 - Arbitrator might not have jurisdiction over transcript bec. it's not a court case., therefore who decides whether changes can be made or not made?

 

Question 3 - Should changes be made and then opposing counsel notified or should I changes not be made and opposing counsel be notified so that he can make any objections?

 

So annoying.

[Martha R]

Could you transcribe the video and make it an exhibit to the transcript, instead of actually changing the transcript?

[Kyung]

Nope.  Besides, there was a transcript provided at the arbitration of the videotapes played.  They (attorney) wants it inserted in transcript where the videos were played back.

[Kelli Combs (admin)]

They should have asked you while the video was playing if you were to write what was said.  I wouldn't change it, unless, of course, your office makes you change it.  Gotta keep them happy.

[Cathryn Bauer]

What Kelli said.  IMO, you can't go changing the transcript like that. 

 

My own practice when something like that happens is to go off the record or address it at a break if I didn't know it was coming up.  If an arbitrator (judge, special master, what have you), they will generally make the decision as to how this is handled after conferring with the attorneys.  But I do get it dealt with before the recording is played and get the instructions on the record.

[Kyung]

Office is requesting the change.  Attorneys were notified that videos played during deposition were not going to be transcribed.  Said okay.

 

The attorney changes their mind afterwards

 

The request was put in after transcripts were produced and sent.

[Rosalie DeLeonardis]

I would call the board and tell them what is going on and see if they think you should redo after you've already signed the original.    I don't know if I would redo a transcript after it's already been put in final and sent off. 

 

As for the attorney ordering a copy on the record and then after receiving bill saying he didn't know there was a charge, it was only electronic, unless he just graudated school the day before the arbitration and is inexperienced, he's trying to pull a fast one, and hopefully the firm is going to make him pay, besides it's on the record that he ordered.  I don't think you need any code for payment, it's on the record.

 

Also, I would call opposing attorney before calling the board to notify him what other attorney is asking for, perhaps the arbitrator too, then once everybody has been notified and all agree, then either redo or call the board and ask them.  If the board says no, ask the board for a letter be sent to all of why you cannot change a transcript, you should have been told during the proceedings to transcribe, not after it's in final and signed.

[Kyung]

That's what I think to Rosalie, but the agency is handling it. 

 

It's difficult bec. there's not clear Code that governs our responsibility in terms of arbitrations.

 

At least not one that I'm aware of.

[Rosalie DeLeonardis]

The agency knows you're not allowed to change a transcript.  I definately would call the board and tell them what is going on for your own protection.  The agency is doing it to make the client happy to keep business, I don't think they are looking out for you.  I would tell the agency it is your license and they cannot change a transcript after the fact.

[Rosalie DeLeonardis]

Just a comment about a code for arbitrations, I think it all falls under whatever code it is regarding a normal transcript.  Why would it be different?  We are licensed to practice in CA, whether it be arbitration, hearing, court or deposition, they all produce some kind of transcript, so I think all the rules apply to the arbitration, right?  Hopefully I'm right...lol.

[Kyung]

Yeah.  That's what I'm thinking too.

 

We shall see.

[Kelli Combs (admin)]

I don't know how you could change it anyway; if you didn't write what's on the video, you certainly don't have it now.  Seems to me a moot point.

[Kyung]

Well, the videotaped depositions were transcribed.  They're just having portions of the transcribed depos cut and pasted in where the video was played.

 

I didn't think the board has jurisdiction over what happens in arbitrations.