O’Brien and Bails Court Reporting

July 10, 2013 By Dawn Houghton

Court Reporters Ethics and Gift-Giving

Recently, there has been an increase in the number of gift-giving or reward programs offered to attorneys and their staff for scheduling depositions with a particular court reporting agency. The gifts clearly are made in order to influence the selection of court reporting agencies when scheduling depositions. There is an ongoing debate among court reporters whether this practice is ethical and whether it begins to erode the industries’ reputation for operating with high integrity.

Taking a look at the question from the vantage point of a law firm and its staff, receiving these gifts and rebates presents several ethical questions. Let’s say a client brings a large case to your office. Your assistant is offered gifts, such as $25 gas cards, a $250 shopping spree, maybe even an iPad if your office books the depositions with a particular court reporting firm.

Who does the gift belong to?
Should your client be entitled to a reduction in fees to reflect the cost of the gift, or entitled to the gift itself?
How do you know that your client is not overpaying for the reporting fees that cover this marketing practice?
How do you know if your firm is overpaying for transcripts to cover the cost of these reporting rewards programs?

What does the ABA think is ethical?

Someone pays for those enticing gifts, kickbacks and rebates. And the consumer, including the lawyer, is unprotected from the loss without even knowing it. The American Bar Association, in its published Opinion 278, states that a lawyer should not accept a gratuity from anyone without the client’s consent and that the gratuity belongs to the client.

What does NCRA think is ethical?

The National Court Reporters Association has come out with an opinion on the ethics of such activities from the viewpoint of the court reporter in its “Ethics First” campaign. In 1993, NCRA adopted as part of its Code of Professional Ethics a policy that prohibits giving excessive gifts to attorneys, clients, witnesses, insurance companies, or other persons or entities associated with the litigation. The original policy set a limit of up to $25 in value per occurrence and $50 in aggregate per person per year. The limit later was set at $100 per recipient per year.

The policy was established because the NCRA Board of Directors believed that the practice of providing gifts, rewards, or incentives to attorneys, clients or their representatives or agents undermines and dilutes the integrity of the reporting profession and the status of the reporter as a neutral and impartial officer of the court. Giving excessive gifts and incentives can create, in the eye of the public, the appearance of partiality or favoritism on the part of the reporter towards the recipient.

The Board of Directors in 2008 asked the Committee on Professional Ethics to review the policy. As a result of that process, the association’s policy on gift giving was reaffirmed, and COPE Advisory Opinion No. 45 was issued to clarify the policy. In 2011, at COPE’s recommendation, the policy on gift giving has been revised to prohibit all gifts, regardless of their value, given as an incentive for future work.

What Constitutes a Gift?

To further define its position, NCRA recognizes that gifts of nominal value, such as pens, pencils, coffee mugs and other advertising paraphernalia or modest forms of meals and entertainment do not compromise the reporter or firm’s appearance of impartiality and are permissible. However, NCRA has now chosen to distinguish gifts that are for marketing purposes or to thank clients for past work versus gifts that are given in exchange for future work.

The amount of a gift is measured by its retail or fair market value, that is, what the recipient would reasonably expect to pay if they were to purchase the gift for themselves from generally accessible sources. The actual cost incurred by the firm or individual providing the gift is irrelevant.

What can be done about it?

NCRA also provides a complaint process for allegations of violations. The NCRA Committee on Professional Ethics may issue a written decision. It may issue a cautionary letter, warning or statement of advice, require remedial ethics training, order that the member be reprimanded, or determine that the member be suspended or expelled from the Association, depending upon the severity of the violation, prior history and other relevant circumstances. If a Member resigns from NCRA while a complaint is pending, COPE will still complete its determination of the matter.

The next time your firm or staff are offered an incentive in return for your repeat scheduling of depositions, stop and evaluate the practice. Is the value of the item too high? Would it need to be declared as income on your taxes? Should the gift be forwarded to your client, or simply refused by your firm? For attorneys and law firms, it would be a good idea to formulate a policy on such practices before they arise.

Most reporters understand their role in the legal system requires neutrality and impartiality. Offering incentives with high dollar values could begin to chip away at that reputation of ethical behavior that court reporters earn through fair practices. At O’Brien and Bails, we do not offer incentive gifts to capture more business.

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

May 17, 2013 By Dawn Houghton

Michigan Court Reporters Care About Ethics

From 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”.

April 18, 2013 By Dawn Houghton

When Will I Get My Transcript After the Legal Deposition?

A common question I am asked by attorneys is “When can I expect to get my transcript?”

I thought I would take the opportunity to answer this question here in case you are wondering how long it takes to receive a transcript after a legal deposition has been taken.

When an attorney takes a deposition, the average time it takes a court reporter to finish a transcript and deliver it can be 10 days to two weeks. At O’Brien and Bails we strive to deliver transcripts in 10 days.

How to ensure you get your transcript on time

Before leaving the deposition, request that a transcript be prepared. If this is not possible at the deposition, then as soon as you know you will need a transcript, call the court reporter to make the request.
If there is a specific date or if you need a deposition sooner than the normal turn-around period, be sure to notify your court reporter as soon as possible.
Follow up with the court reporter if you have any questions regarding the expected delivery date of your transcript.
If you do not see your transcript within 2 weeks, you should contact your court reporter to inquire.

How a transcript is prepared

Understanding the transcription process may help you understand the issues involved in creating a timely transcript.

When proceedings are over and a transcript is ordered, the court reporter returns to the office, accesses the digital file, and reads through the entire proceedings to ensure accuracy. Any areas that did not translate correctly need to be edited. The reporter will compare steno shorthand notes to the translation to ensure accuracy.

A reporter will also pull information from many sources in order to make sure the transcript is as accurate as possible. For instance, they may do research on the Internet, they may contact the legal assistants involved in the case for specific spellings of names that are involved in the case if they are unable to find the information on the Internet, or they make look in reference material in order to make sure they have the terms spelled correctly.

Once finished editing, a court reporter then carefully reads through the transcript again to proofread for spelling or typographical errors.

Some reporters proofread the transcript a second time if the testimony involved technically complex subject matter.

The next step is the production aspect, which involves printing the transcript and also putting the transcript through several different computer programs in order to make it available electronically in many different formats. Exhibits are scanned in order to link them up electronically to the transcript so they are available, along with printing/copying the exhibits so they are available in hard copy. Then the transcript and exhibits are uploaded to a repository that can be accessed by the attorney/legal assistant, and also many times delivered electronically to the ordering parties.

Because there are several steps involved in preparing an official transcript, a court reporter has several things to consider when a rush transcript is ordered. A reporter will often have other transcripts to finish before she or he can work on finalizing yours. Special arrangements need to be made to juggle transcript deadlines. That is why having advanced notice of a rush transcript order allows a reporter to make special arrangements to clear out his or her previous workload so your transcript can be finalized more quickly.

Receiving your transcript when you need it

Court reporters understand there are circumstances under which you may need a transcript faster than the normal turn-around time. If we know you have a need for your transcript by a certain date, every effort will be made to meet your request. It can be common for court reporters to work through the night to make a transcript available the next day when they are requested. A good rule of thumb is that it takes two to three hours to finalize a transcript for every hour the reporter writes the testimony at the deposition.

At O’Brien & Bails, we are dedicated to getting you the transcript when you need it!

If you would like to schedule an O’Brien and Bails court reporter for your next deposition, use our Deposition Scheduler online.

April 11, 2013 By Dawn Houghton

West Michigan Court Reporter Knows His Priorities

The reporters at O’Brien & Bails are not only true professionals, but great people to work with. We would like to take some time to let you get to know our court reporters.

Here is what reporter Carl DePerro has to say about his years of experience in the field of court reporting.

I grew up in Detroit, and went through Detroit Public Schools when the schools were first rate. I had an older cousin growing up who went into the profession of court reporting and did very well. He always wanted me to go into the profession, and in 1975, after 18 months, my teacher at Macomb College, Mr. George Jackson, thought I was ready to work. And so I began working two days a week in Romeo District Court reporting arraignments. Being in front of a courtroom the size of a large bedroom with 50 suspected drinkers and drug offenders was one of those moments when you say to yourself “What am I doing here?”

Later, I worked for my cousin in his fairly large firm doing mostly depositions and court work. He had a pool of typists to whom we dictated our notes. Once transcribed, the transcript came back to me for proofreading, then back to the typist for corrections.

I wanted to move to Portland, Oregon for a better life with my new bride. In 1978, I obtained an official court reporting position in the town of Hillsboro. In Hillsboro, I was the official reporter AND the typing pool. I did it all myself. It was difficult. Try typing a four-day trial for the Court of Appeals in 30 days while more trials are coming down the pike each day.

Back to Detroit in the early ’90s, I worked for my cousin again.

The transcript load was very heavy. I often worked nights and weekends. But I was a family man, had small kids, and family came first. Even if I had to turn a job down, make the boss/cousin angry, so be it.

It’s all about priorities. You can make $100,000 a year, but if your kids don’t know who you are and you don’t know who they are or what they are doing, forget about it. Who is happy? My grown-up kids and I have the best relationship today. So much so that I and my wife have moved to Kalamazoo to be with our children and grandchildren. They actually wanted us here.

Kalamazoo and Grand Rapids, Michigan, are great places to live and work. I am enamored with both places. I began working with O’Brien and Bails the first of this year and have had a great experience so far with all of our clients.

Over the years, much has changed in court reporting. The computer has been such a great tool for us to produce transcripts. The reporters at O’Brien and Bails and the staff are very interested in staying on top of all the changes going on in the field.

To find out more about the field of court reporting, you might be interested in our recent blog post “What Does a Court Reporter Do?”

January 5, 2013 By Dawn Houghton

Every Day in Court Reporting Is Different

O’Brien & Bails isn’t just another court reporting firm. We are made up of individual people who happen to be Michigan court reporters. We thought we would take some time to let you get to know our court reporters.

Yvonne Lantz has been a court reporter since 1972. She has been with O’Brien and Bails since 1992, and is based out of our Lansing, Michigan office.

How long have you been a court reporter?

Since 1972.

How long have you been with O’Brien and Bails?

Since September 1992.

Have you ever worked in other jobs or fields besides court reporting?

Only the usual high school and college jobs, such as at a drive-in, in the high school office, at a local radio station, and worked for a pharmacy professor while in college.

Where did you grow up?

My first 11 years were in Belleville, Michigan, then we moved to Niles, Michigan

What changes have you seen in the industry since you became a court reporter?

Transcripts were produced by either dictating or typing it yourself. We had to use carbon sets, up to four or five pages at a time, and then manually try to put corrections in the typed document. Computer-aided transcription and realtime have been wonderful advances.

What is the best part of being a court reporter?

Every day is different, especially as a freelancer. I like going to different places, working with different people, and learning something new almost every day.

What is the most challenging part of being a court reporter?

Trying to keep up with people talking at the same time, especially when attorneys are arguing.

As a court reporter, what is your biggest fear?

That I will show up at a job and have my equipment malfunction.

What has been your most challenging deposition?

There have been quite a few, from veterinarians at MSU, physicians in all kinds of specialties, even a young five-year-old boy who wanted to crawl around under the table when being asked questions.

Have you ever had funny things happen to you in a deposition?

There have been quite a few over the years, but I can’t remember them all. One time I was in a burned home with an attorney who was inventorying what was left.

On one case, the attorneys were all very friendly with each other and would joke around a lot. I remember a younger attorney commenting to an older attorney that he looked great, and that he hoped he would look as good when he was the same age. Another attorney piped up, “No, that’s impossible.” When the younger attorney responded, “Why?”, the reply was, “You don’t look that good now!”

Do you have any tips about work/life balance?

Just try to keep the right priorities, but it can be difficult when the office is really busy.

If you would like to schedule a deposition with Yvonne Lantz or one of O’Brien and Bails’ professional court reporters, you can do so by going to our Online Deposition Scheduler.