On Friday, I took a work comp depo. Mr. Smith booked with ABC agency, who I work with. Mr. Jones is the applicant attorney. Mr. Anderson is the attorney handling the personal injury claim and he has decided to sit in on the depo.
As I do at the end of every depo I take, I ask any "copy" attorney if s/he would like a copy of the depo. So in this case, at the end of the transcript it reads:
THE COURT REPORTER: Mr. Anderson, would you like a copy of today's transcript?
MR. ANDERSON: Yes, I would.
(Whereupon the deposition was concluded at 4:18 p.m.)
Mr. Jones tells Mr. Anderson, "I get a copy of the transcript. I'll just give you my copy."
Now I'm mad, because we all know that the attorneys are not supposed to do that. My 0+3 just became 0+2.
I jokingly tell Mr. Jones, "Hey, even if you might decide to do that, you never say that in front of the court reporter, ha, ha, ha."
Mr. Jones, in turn, gets a bit miffed with me and replies, "Well, that's my money out of my client's pocket." He again tells Mr. Anderson he'll give him a copy of his transcript.
1. Actually, it's money out of MY pocket.
2. Mr. Anderson nor his client is paying for the copy, it's a work comp. depo. Mr. Smith is paying for Mr. Anderson's gratis copy.
3. The money wouldn't be coming from Mr. Anderson's client, because Mr. Anderson is not representing the deponent in the personal injury lawsuit.
What would you do in this type of situation?