O'Brien & Bails

Michigan Court Reporters

By Dawn Houghton

Are You Being Overcharged for Your Legal Deposition Transcript?

Court Reporting Legal Transcript CostsHave you ever had questions about the various charges that are included in a court reporting invoice? Or have you received an invoice with extra charges and been unsure what those charges were for?

We know sometimes there is confusion about how court reporters charge for services. We would like to help you understand charges from your court reporting service. If you are not able to understand the court reporters’ invoice, how will you know what you are paying for? Here are a variety of charges you might see on your invoice.

Charges you might see with your court reporting services:

Appearance Fees

The appearance fee is typically an hourly fee charged for the time the court reporter actually spends at the deposition. If neither party requests that the transcript be prepared after the deposition, then the fee will include only the hourly appearance to cover the court reporter’s time during the deposition.

Page Fees

The larger cost of hiring a court reporter is often the cost of the transcript. When one party orders the transcript, the court reporter will prepare a written record of the testimony and charge a fee per page of transcription.

There are differences in page pricing depending on whether you are ordering the original copy of the transcript or only a copy. Ask your reporter what their page rate is for the original transcript, and what is the rate for a copy. The charge for the copy should be less than the original transcript.

In Michigan, MCL 600.1491 states that a court reporter shall not charge more than two-thirds of the price of an original transcript for a copy of that transcript. In simple numbers, if the ordering counsel is being charged $3.30 per page for the original transcript, opposing counsel can only be charged two-thirds of that price, or $2.20 per page.

Copy Fees

Most court reporters will retain any exhibits marked during the deposition and make copies to attach to all transcripts. Copy charges can range from twenty five cents a page for black and white copies to a dollar per page or more for color copies or oversized copies.

Shipping and Handling

This is a charge that includes the cost of postage to send the transcript to you. It may also include a small fee to cover the time it takes to ready the transcript for mailing and supplies for mailing. Some reporters charge for handling and some do not. It is wise to ask how much you will pay for shipping and handling as it could vary widely between reporting firms.  In larger cases where there are many exhibits, there may be an additional binding fee to cover the cost of the extra supplies needed.

Electronic Transcripts, Ascii Transcripts and Condensed Transcripts

Creating these various formats of transcript is easier than ever before. Many reporters do not charge extra if you request electronic transcripts, ascii transcripts or condensed transcripts. However, some firms may be charging for these services. Ask your court reporter what is the practice at their firm so you can compare with others.

There are some electronic formats the reporter has to pay a vendor to produce on each transcript. Usually the reporter will pass along this extra cost on those formats to the party that requested the special format.

Conference Rooms

If you need a location to take your deposition, most reporting firms will have a conference room for you to use. Some firms have several conference rooms available in several different cities around the country and many do not charge extra for this convenience. Ask your court reporter if there is a charge for use of their conference room at the time of scheduling.

Many court reporting firms also are able to secure conference room locations in cities where they do not have an office.  The reporting firm should let their client know if there will be any extra cost for a conference room in that situation.  We have found the cost varies depending on the location.  It is a good idea to ask your court reporter what the charge will be for the room so you can decide whether you want to use that location or not.

Remote Internet Depositions and Videoteleconferencing

Sometimes it’s necessary to depose a witness in a remote location, or maybe attorneys do not want to spend a day of travel to and from a distant location to depose a witness to their case, so videoteleconferencing or remote viewing can be handled by the court reporting firm.

In that instance, there will be a charge for the videoteleconferencing room at both locations, or in a remote viewing internet deposition, a charge by the court reporting firm to set up, test, and monitor the remote internet deposition.  This is a separate charge from the fees of the court reporter taking down the deposition and providing the transcript.

Cancellation Fees

There are certain circumstances where a cancellation fee is appropriate.  If a deposition cancels within 24 hours of the scheduled time, then it is appropriate to receive a charge for cancellation. This is because the reporter has been scheduled on your deposition and therefore does not have the opportunity to be scheduled on a different deposition.

However, if you cancel your deposition before that 24-hour period, most reporting firms will not charge a fee. Often, they have not yet assigned a reporter and have time to adjust the scheduling as necessary.  Ask your reporter what their cancellation policy and cancellation fee is when you schedule the deposition so you don’t have any surprises.

Transcript Index

If you order a transcript and ask for an index, you will receive a listing of words spoken in the transcript.  This index can be used to find specific areas of the testimony you want to read. Some court reporting firms will charge for the index, some firms do not.  Some firms will charge a flat fee for the index and some will charge a per page rate for the index pages.  This may be different in different regions of the country. In Michigan, most court reporters do not charge a fee for an index of the transcript.  It is good to ask upfront whether your court reporting firm will be charging for this service.

Deposition Summary

If you order a transcript, you should only be provided a deposition summary if you have requested one. This is not a necessary part of the official record and is something you can choose to order or not order, at your discretion. Sometimes a summary is automatically provided by a court reporting firm and can add hundreds of dollars to the cost of your invoice. Ask your court reporting firm whether or not this is their customary practice.

Mileage

The time or miles traveled to and from depositions may also be a charge that appears on your invoice.  Some court reporting firms charge for travel, other firms do not charge a mileage fee.

Standards and Ethics

At O’Brien and Bails, we care about the high standard of ethics under which our industry has traditionally operated. We want you to be charged fairly for transcripts. We know you want to keep costs down for your clients and pay for only the services that are necessary.

It is a good idea when you schedule a deposition to ask for a breakdown of what your transcript invoice will consist of so you can be familiar with the services for which you are paying. By comparing invoices from time to time, you can ensure that you and your client are not paying unnecessary charges and fees for court reporting services.

To learn more about court reporting pricing and costs, download our guide, “How Much Should I Expect to Pay for Court Reporting Services.”

By Dawn Houghton

9 Ethics Guidelines for Court Reporting Firm Owners

court reporting firm ownerIt has been said that it is easier to know how to do the right thing if you have a code of ethics to follow. In court reporting, there is a code of ethics for court reporters but not necessarily a written code for court reporting firm owners. Owners of court reporting firms have an entirely different set of ethical situations that are likely to arise. We’ve thought of nine ethical codes that could be applied by court reporting firm owners.

Ethics of Court Reporting Firm Owners

A court reporting firm and its owners shall:

  1. Protect the record. Court reporters are officers of the court. Court reporters and firm owners must ensure that the firm and the firm’s court reporters are independent, impartial keepers of the record.
  2. Disallow any appearance of impropriety. Disclose any contracts with any party to the case on the record at each deposition, including special rates charged to the party to the contract. This is required in the State of Michigan pursuant to MCL 600.1490-1493.
  3. Charge each party in the litigation fairly and according to the laws of the state for transcripts and other court reporting fees.Reporters in the State of Michigan must follow the 2/3rds rule for transcripts as set out in MCL 600.1491 (2)(b), i.e., you cannot be charged more than 2/3rds the cost of the original for a copy.
  4. Do not sell the reporter’s transcript, unbeknownst to the reporter, for the financial benefit of the firm owner at the expense of the court reporter. As keeper of the record, the reporter is an officer of the court and should be fairly compensated.
  5. Require a court reporter to transcribe back-ordered transcripts.Only proceed with transcribing the reporter’s notes if the reporter is unavailable due to death, disability, or if the reporter cannot be reached after due diligence. If the firm has to have another reporter transcribe the proceedings, indicate on the certificate page who the transcribing reporter is to sustain the integrity of the record. Never indicate the original reporter transcribed the deposition if they have not done so.
  6. Regularly reinforce the practice of ethical behavior with reporters and provide ethics training. It is important for a firm’s reporters to know their firm owner is 100% behind the ethical behavior of their firm.
  7. Avoid the appearance of impropriety by excessive gift giving. Gift giving should not exceed $25 per incidence and $100 aggregate for the year for each client per IRS guidelines, and some clients’ firms discourage gift giving of any kind. Court reporting firms should be cognizant of the risk they put their clients in when they exceed this ethical amount. Gifts should never be given on a quid pro quo for work given. Repeat customer incentive programs are examples of “pay for work given” and should not be offered.
  8. Educate clients regarding the consequences of excessive gift giving and the potential tax implications to their client of such gift giving. The gift may be considered as property of the attorney’s client, not property of the attorney or staff. There may also be tax implications to an attorney’s firm if an attorney and/or legal assistant for the firm is accepting gifts and not reporting such on their tax returns.
  9. Refuse to assist in deposition or trial strategy for either party to a lawsuit while simultaneously providing the court reporting services for the case. There should be a complete separation of the trial technology business and the court reporting services business so there is no appearance of the court reporting firm appearing to be working for one side to the detriment of the other in a case.

For more on court reporting ethics from our perspective, download this free report: “Thoughts on Court Reporter Ethics: From a Court Reporting Firm Owner”.

By Dawn Houghton

Court Reporter Ethics and Judgment Calls: What Should You Do?

Court Reporter Ethics and Judgement CallsOver the course of your court reporting career, there will be times when you will be faced with situations that require you to make a judgment call. When choosing the right action to take, it helps to be familiar with a code of ethics. By reviewing a code of ethics, you will be able to more easily make the right decision. Here are a few situations you may face sometime in your career. Many of these types of situations are addressed in the National Court Reporters Association Code of Ethics.

Can You Deliver?

You are a new court reporter and are assigned to a deposition. When you get to the deposition, the attorneys inform you the witness is a doctor and the case is a medical malpractice case. You have never taken a malpractice deposition and are worried it might be above your skill level. What should you do?

Solution: When you are in a situation where you feel your skill level does not match the assignment, you should call your court reporting firm and explain the situation. A good court reporting firm will find a court reporter who is able to successfully complete the deposition. First and foremost, it is your responsibility to ensure the testimony is recorded accurately and that the record is protected.

Too Sick to Work

You wake up feeling very sick and unable to leave your home. You have a deposition scheduled at 10:00 a.m. and know you can’t make it. What should you do?

Solution: If you work for a court reporting firm, call your firm and ask that another court reporter be assigned. Most court reporting firms will have someone always available to take such emergency calls and schedule another reporter to take the deposition.

Independent reporters may not have the luxury of this type of backup. In that case, you should find another court reporter who is available and can take the deposition for you. If the deposition is of a technical nature, be sure to schedule a reporter that you know has the skill to complete the assignment. Your highest responsibility is to always ensure that the deposition testimony is being recorded accurately by a qualified court reporter.

When to Let Go

Once you transcribe a deposition, you keep the steno notes and a copy of the transcript for your records in case there is ever a back order. But you work from a small home office, and your closet is running out of room. You would like to free up some space by getting rid of some of those old notes and transcripts. What should you do?

Solution: Many states have different retention policies for shorthand notes. Various state and federal courts will also have retention policies.  It is good to become familiar with these various retention policies for jurisdiction in which you do business.

The National Court Reporters Association’s Code of Professional Ethics states:

“Preserve the shorthand notes in accordance with statute or court order, or otherwise for a period of no less than five (5) years through storage of the original paper notes or an electronic copy of either the shorthand notes or the English transcript of the notes on computer disks, cassettes, backup tape systems, or optical or laser disk systems.”

Many good reporting firms are also able to provide storage capabilities.  It is a good idea to have backups in several locations so in case of a hardware failure, you will be able to access your notes and dictionary.

Timely Service

You have had an unusually busy month, taking depositions every day. A few transcripts are due in 10 days. The rest of the transcripts have no specific due date. You usually have all transcripts finished within 10 business days, but there are so many transcripts right now that there is no way you will be able to finish all of them in 10 business days. What should you do?

Solution: Even though you haven’t been given a specific date by which the attorney will need the transcript, you should plan on delivering all transcripts to clients no later than two weeks. If you have enough backlog that you will start missing this reasonable time, you should ask your firm to stop scheduling you until you can catch up. If you are an independent court reporter, you should begin to call your network of court reporters and make arrangements for another reporter to take future depositions until you can catch up on transcription.

Stay Relevant

You have been building a very successful career in court reporting for several years now. You know there is new technology and new writing techniques out there but you haven’t had time to dig into any of these new areas. What should you do?

Solution: To stay relevant in the field of court reporting, you need to continually learn new things and improve your skills. You should stay up-to-date on new technologies. if you do not, you are in serious danger of becoming a dinosaur. Technology changes quickly, and you will be outdated faster than you think. It is a good habit to continue to add to your body of knowledge on all areas of court reporting, such as punctuation and grammar skills, the business of court reporting, new realtime and shorthand techniques and technology.

Michigan’s state association, Michigan Association of Professional Court Reporters, is a great source for reporters to gain knowledge in the court reporting industry, and they regularly put on seminars related directly to court reporters’ software, which is a very cost-effective way to learn about the updates in your software programs, allowing you to become more efficient in producing your transcripts.

Involvement Required

You have been reporting for a few years now and are very busy.  You know there are court reporting associations at state and national levels.  You find most of the reporters you know are in one or more associations or court reporting groups.  You just don’t know if they are usefull to you personally.  What should you do?

Solution: It’s time to join organizations and attend some events and meetings. You will find many resources that will be of direct benefit to you. Professional organizations are a place where the future of an industry and integrity of an industry is discussed. Activities and initiatives are often in existence that protect the profession and further advance the industry in many ways. These are all of benefit to you as a court reporter working in the industry.

Everyday Ethics

Your ethics govern your thought process so that when a problem arises or you need to try and work your way through a situation, your solution is based on your ethics. Having a standard of ethics that governs us each day of our lives means we always know how we are to act no matter what. It is important as court reporters to remind ourselves of what it is we stand for.

For more on court reporting ethics from our perspective, download this free report: “Thoughts on Court Reporter Ethics: From a Court Reporting Firm Owner”.

By Dawn Houghton

11 Questions a Court Reporter Should Ask Before Working for a Firm

right or wrong court reporting firmHow should a court reporter decide which court reporting firm to work for?

In today’s world, every industry has companies that are well-managed and mismanaged, as well as companies that operate with good ethics and those that do not. The legal and court reporting industry is no different.

When you decide to work for a company, it is important to know what to expect from the job. It is equally as important to realize that the stability of your job and your reputation could be at risk due to the business practices and ethics of the company.

In the hiring process, we typically think of the interviewee as the person who has to answer the most questions and justify why the firm should offer them the job. Of course, it is ultimately the court reporting firm who decides if they would like to offer a position to the court reporter.

However, from personal experience, I’ve learned that it is a good idea for a court reporter to take some time upfront to know more about the firm before they accept the job (whether they are going to be an employee of the firm or an independent who takes deposition work when it is available).

With over 30 years of personal experience in this industry, I am passionate about this topic.

I have personally been a court reporter since 1983. During the first 23 years, I was a court reporter and worked for 3 different court reporting firms. Since 2006, I have been the owner of O’Brien & Bails and have still been an active court reporter working with clients.

Not only have I been both a court reporter and a firm owner, but I’ve also observed how others approach their job and business. I have interacted with hundreds of court reporting firm owners and court reporters across our nation. I have networked with them and even done business with many of them. Since O’Brien & Bails provides nationwide court reporting scheduling services, I regularly outsource work to court reporting firms around the nation to cover our clients’ out-of-state depositions. Many of these firms have outsourced work to us.

This experience has given me the opportunity to observe the many differences in how court reporting firm owners run their business, along with the positive and negative impacts of those differences. Many firms have thrived and done well. Others have suffered and gone out of business.

Court reporting firms can have many differences. Some of the possible differences include:

  • Services provided
  • Methods to provide the services
  • How the court reporters are paid
  • What the court reporters’ responsibilities include
  • Ethics or lack thereof
  • Internal operations
  • Marketing strategy

To make a good decision, it is important that a court reporter be fully aware of how the firm operates before choosing to work for that firm.

Here are 11 Questions a Court Reporter Should Ask Before Deciding to Work for a Court Reporting Firm:

  1. How will I be paid? If it is a percentage, define whether the percentage is figured on the whole invoice or is a percentage of the appearance and page rates. It does make a difference in the rate the court reporter is paid on how this is structured.
  2. Will you pay me on just the initial transcript order or on all back orders and/or future orders? Define whether the firm considers the transcript the court reporter’s work product and will be paying on all back orders and future orders of that transcript.
  3. Do you reimburse your court reporters for mileage? If so, what is your policy? Many firms do not charge mileage on a standard basis but may pay mileage to the reporter if they ask the reporter to go an unusually long distance.
  4. What extra charges may be included in the invoice total that is considered the office’s charges, such as exhibits, scheduling fees, postage and handling fees, etc.? Knowing this detail upfront will avoid any miscommunication in the future.
  5. When will I be paid on my work? There are many different structures on this issue, such as being paid on a two-week delay, one-month delay, or being paid when the client pays the firm. Being aware of how you will be paid will avoid any discontent down the road.
  6. What are your accounts receivables procedures? How long does it typically take for your firm to be paid by your clients? These questions should be asked if you are being paid when the client pays the firm. This will give you confidence whether the firm has the correct procedures in place to ensure you will get paid as promptly as possible.
  7. How are jobs distributed between the reporters? There are many factors that go into assigning a particular reporter on a job. Knowing what to expect upfront can alleviate any concerns the reporter may have.
  8. What is your stance on contracting? In the State of Michigan, if a court reporting firm has a blanket contract with an insurance company, law firm, corporation, or hospital, the individual court reporter certified in the State of Michigan is required to disclose, on the record, at each deposition, the existence of any contract that exists for any party to the case, and they are also required to disclose the page rate being charged to the contracting party.
  9. What are your gift-giving policies? If the gift-giving is excessive, it may be against the NCRA Code of Professional Ethics and could be against the law in some states. This could put the individual reporter in a compromised position.
  10. What is your marketing strategy? If the firm has a proactive and consistent marketing strategy that is enabling them to retain their clients and attract new business, they are more likely to have consistent work for their reporters.
  11. Would you give me the names and phone numbers of 2-3 court reporters to ask them about their experience working for your firm? This may be the most important question of the 11. Of course, with the internet and your network, you could easily find reporters that work for the firm and ask if what you are being told lines up with what they have experienced. But it’s good to ask your interviewer to see how they will respond. If they do not want you to speak with some of their reporters, it could be a sign that they are not telling you the truth and may not run their business with high ethics.

We hope these questions will help you think of what to ask when you are considering working for a court reporting firm.

What do you think? Do you agree? Have anything to add about these 11 questions? What other questions do you think would be good?

For more on court reporting ethics from our perspective, download this free report: “Thoughts on Court Reporter Ethics: From a Court Reporting Firm Owner”.

By Dawn Houghton

Michigan Court Reporters Care About Ethics

Michigan court reporters and ethicsFrom time to time, the issue of professional ethics arises in the field of court reporting nationally and in Michigan. Over the years, we have seen situations that might appear unethical, or at least seem to be in a gray area. As Michigan court reporters, we love our profession and want it to thrive for many years to come. Abiding by standards of ethics allows us to protect the responsibility we have been given to be the keepers of the record and to stay neutral and impartial while carrying out our responsibilities.

The National Court Reporters Association has devised a standard code of professional ethics that they ask reporters to agree to and abide by. This code is a good reference to consult in any situations that may involve potential ethical issues.

NCRA Code of Professional Ethics

A Member Shall:

  • Be fair and impartial toward each participant in all aspects of reported proceedings, and always offer to provide comparable services to all parties in a proceeding.
  • Be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest. If a conflict or a potential conflict arises, the Member shall disclose that conflict or potential conflict.
  • Guard against not only the fact but the appearance of impropriety.
  • Preserve the confidentiality and ensure the security of information, oral or written, entrusted to the Member by any of the parties in a proceeding.
  • Be truthful and accurate when making public statements or when advertising the Member’s qualifications or the services provided.
  • Refrain, as an official reporter, from freelance reporting activities that interfere with official duties and obligations.
  • Determine fees independently, except when established by statute or court order, entering into no unlawful agreements with other reporters on the fees to any user.
  • Refrain from giving, directly or indirectly, any gift or anything of value to attorneys or their staff, other clients or their staff, or any other persons or entities associated with any litigation, which exceeds $100 in the aggregate per recipient each year. Nothing offered in exchange for future work is permissible, regardless of its value. Pro bono services as defined by the NCRA Guidelines for Professional Practice or by applicable state and local laws, rules and regulations are permissible in any amount.
  • Maintain the integrity of the reporting profession.
  • Abide by the NCRA Constitution & Bylaws.

Not only is our professional code of ethics a guideline for court reporters, it is also a declaration of what attorneys and other members of the legal profession can expect from court reporters. We want our legal community to know we intend to abide by a high standard of ethical and professional behavior.

At O’Brien and Bails, our court reporters understand the code of ethics and strictly adhere to them. The standards above are guidance in all sorts of situations that arise in our field. We know that the integrity of our profession relies on our strict adherence to this code. We are also proud members of NCRA’s Ethics First program.

For more on court reporting ethics from our perspective, download this free report: “Thoughts on Court Reporter Ethics: From a Court Reporting Firm Owner”.