O'Brien & Bails

Michigan Court Reporters

By Dawn Houghton

What Does a Court Reporting Production Manager Do?

carmaria - court reporting productionIn a large court reporting firm with several court reporters, there are many transcripts each week that need to be printed and prepared for delivery. Often larger court reporting firms have a production manager who is responsible for these tasks. For O’Brien and Bails, that person is Carmaria Beeke.

As production manager, Carmaria’s job is central to the operations of O’Brien and Bails. With Carmaria’s careful attention to detail, our clients receive their transcripts on time and come to rely on excellent service. Carmaria will tell you each transcript has many variables and details that need proper attention.

Duties of a Production Manager

In our main office in Kalamazoo, each week there are transcripts submitted from many court reporters that need to be e-mailed, printed, properly packaged and sent. Each reporter fills out a worksheet shortly after taking a deposition. The worksheet specifies instructions for Carmaria when she is processing the transcript, such as which attorney has ordered the original transcript and which attorneys receive copies. Another important detail is how many exhibits need to be attached to a transcript. There are many details such as these for every single transcript that leaves our office.

Once the order worksheets have been collected, the reporter transcribes the proceedings and sends the digital transcript to Carmaria, who then e-mails, prints, binds, invoices and seals each transcript preparing for delivery. Transcripts are typically delivered within 10 calendar days of the taking of the deposition. This means Carmaria is always mindful of the deadline on each transcript she processes.

Technical Ability and People Skills

When she is not producing transcripts, Carmaria helps with other tasks such as setting up the technology to conduct streaming video depositions. These are depositions that are being conducted with parties who are in separate locations. Streaming video allows all parties to be present in real time and participate in the deposition using streaming video from the comfort of their office and eliminating travel, especially for out of state depositions.

Not only does Carmaria set up online depositions, she also works with clients to ensure they are able to access the technology. Working with clients and technology requires a mixture of technical ability and people skills. Streaming video technology is new to many attorneys and legal staff, and there is a learning curve to using it. Carmaria helps each client understand the process and how they will participate.

As a production manager, Carmaria is familiar with many types of litigation software used by clients, and is able to produce transcripts in formats that are compatible with the software an attorney is using. Again, a mixture of technical skills and people skills comes into play. Carmaria helps each client receive the proper file format they need in order to incorporate the transcript files into their particular litigation software.

Master of Production

Before working as production manager, Carmaria came to the field with little experience and knowledge of the court reporting industry. But after working with O’Brien and Bails for almost two years, she has learned how the industry works and all the combinations of services clients may need when scheduling depositions and ordering transcripts. She is now a master of the process and continues to tweak and perfect the production of transcripts to make it better and more efficient.

When asked what she likes most about her job, Carmaria says, “Working with all our clients and court reporters and building those relationships.” She knows the importance of good client relationships and enjoys the process of getting to know each person she comes in contact with in the course of doing her job.

Everyday Challenges

Of course, there are also challenges to being a production manager. Carmaria knows that meeting deadlines is of utmost importance. She says most challenging are the situations when she is sending a transcript that is needed the very next day in a different location from the attorney who ordered it. She works with legal staff to discern where the transcript needs to be and what time it needs to be there. She may be able to rely on FedEx or UPS to deliver the transcript. She may need to find a court reporting office in the destination city who can print the file and deliver it to the courthouse. Carmaria continues to troubleshoot until she knows she has a way to get the transcript into the hands of the attorneys who need them.

Going the Extra Mile

Carmaria takes real ownership of her production manager position. Recently she was working to get a transcript ready to take to the UPS drop box before the daily pickup time at 6:00 p.m. Says Carmaria, “When I was leaving our office, I couldn’t decide which UPS box to go to. I knew it had to be there by 6:00 p.m. for pickup and I was almost sure I would not make it. I was on the GPS on my phone trying to figure out which was the closest location when I saw our regular UPS driver on the street.”

Carmaria decided to flag down the UPS driver to hand him her package. But first she had to reach the driver on the busy one-way streets of Kalamazoo. With the UPS driver in sight, she decided to pull into a parking spot in front of the truck. After she pulled in, she noticed the driver was already back in his truck and was pulling back out into traffic. She saw that he went down the street and around the corner. She decided to follow him once again. As soon as he was in sight again, she was stuck at a red light. Once the light turned green, she drove up and around the truck once again, parked her vehicle, jumped out and ran to the driver. He gladly accepted the package. Her hard work paid off. She got the package to the driver and the transcript was delivered the next day on time. “We always have candy in our office and Al usually takes a handful when he drops off packages at our office. I asked him what kind of candy was his favorite and bought him a big bag of Snickers bars to give him the next time he stopped in our office.”

Characteristics of a Successful Production Manager

When asked what traits are needed to be a successful production manager, Carmaria says, “You have to be organized, pay attention to details, multi-task, and be able to work in varying levels of intensity.”

Carmaria will tell you she has very specific processes she uses in order to make sure every detail is handled. “You have to be flexible,” says Carmaria. “I might get a call and suddenly have to drop everything I am doing, and pick back up later to finish.”

In a large court reporting firm like O’Brien and Bails, there are many behind-the-scenes tasks that need to be taken care of each and every day. We are able to give our customers excellent service because we have great people. Carmaria takes care of production and makes sure everything is running on time. It’s a big job, and she makes it look easy.

Dawn Houghton, the owner of O’Brien & Bails, knows she is very lucky to have Carmaria Beeke on her team.

By Dawn Houghton

Fair Pricing of Legal Transcripts by Court Reporters

fair pricing of legal transcriptsIs it okay for me to get a free copy of a transcript from opposing counsel?

From time to time we hear of an attorney who has asked opposing counsel for a copy of a deposition transcript so that they don’t need to order one from the court reporter. To some, this may seem a simple and practical way of receiving a free transcript. As court reporters, there are some things we would like you to know about our pricing and why that practice undermines our standards in pricing.

The fact is that standard pricing practices for transcripts have always taken into consideration that a legal transcript is something that is usually required by both sides of a lawsuit in order for each side to do their job properly. If attorneys began passing around free copies of transcripts, court reporters would only be partially paid for the work they perform. We would need to change our pricing in order to be fully compensated. We would need to charge the full amount of transcription to the side who is ordering the original. This would almost double the cost of a transcript for the ordering party.

There could be undesirable ramifications to changing our pricing structure. For example, if the cost of an original was high, and the cost of a copy was free, it might reduce the number of witnesses you are willing to depose in a lawsuit and potentially change the way in which you conduct your case.

If there are multiple parties, is it okay to make free copies of transcripts for the other parties?

Again, the fact that there are sometimes multiple parties has also been figured into the pricing structure we use. Yes, sometimes we are able to sell extra copies of a transcript in the case of multiple parties. But there are also many times when only the original is ordered, and no one is ordering the copy. In those cases, we are making considerably less than we should on a transcript and the work that went into producing it. So the extra orders we receive occasionally from multiple parties help make up for those times when only one side orders a transcript.

If parties were to regularly only order one copy and share it, we would be forced to change our pricing structure. It would be necessary for us to charge the ordering attorney more to make up for the copy that the other party didn’t purchase. We prefer not to do that because it wouldn’t be fair to the ordering party to put all the weight on their shoulders.

As court reporters, our job is to be fair and impartial and we take that responsibility seriously. We are very careful how we structure our pricing to ensure that all parties in a lawsuit are treated fairly and equitably.

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

Court Reporters Ethics and Gift-Giving

Court Reporters Ethics and Gift GivingRecently, 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”.

By Dawn Houghton

O’Brien and Bails Court Reporting Offers Online Transcript Ordering

online transcript orderingAt O’Brien and Bails, your Michigan court reporters, we are always looking for ways to bring more value to our clients. Anticipating your needs is one of our highest customer service priorities. We know there are times when you would like to order a deposition without calling our office. Whether it’s after hours or when it is not convenient to call, you may wish to have another way to order. We have been working on a project that will make it easier for you to order transcripts from us quickly and easily at any time of the day or night.

We are ready to unveil the O’Brien and Bails’ Online Transcript Order Form. When you’re ready to order a transcript, you can now do so online here at our website. Click the button entitled “Transcript Order Form”, and you will be taken to an ordering page. The following are some of the items you should know when ordering your transcript online. Not all are required, but it is helpful if you have as much information as you can when placing an order.

  • Attorney’s name
  • Email address
  • Phone number
  • Name of person submitting order
  • Date of deposition
  • Deponent’s name
  • Case caption
  • Date transcript is needed

Once you press the “Submit” button, we will receive your order. Our production staff will make sure your transcription is under way and delivered to you on time.

If this new way of ordering transcripts isn’t a fit for you, we are still very happy to speak with you on the phone and take your order for transcripts.

We appreciate you as a customer and want to offer you the ease and convenience of ordering your transcripts online.

If you would like to order your transcript online, you can do so here.

By Dawn Houghton

Does Contracting Compromise the Impartiality of a Court Reporter?

impartiality of court reporterWithin the last 20 years, a controversial practice has cropped up in the court reporting profession. Some court reporters have begun contracting exclusively with companies and organizations for large amounts of services. Many court reporters are against such contracting for ethical reasons.  

The trend is found with consumers in need of large volumes of court reporting services, such as insurance companies, hospitals, and large corporations. These entities sometimes contract with specific court reporters directly.

Traditionally, court reporters are hired by attorneys representing clients involved in a lawsuit. With contracting, the practice has been that these large corporations and organizations are contracting directly with court reporting firms. The reporting firm who holds the contract will then deliver all the court reporting services needed by the company or organization.

This practice raises ethical questions that are frequently debated in the court reporting industry. Concerns involve the influence a contract-holder may have over the unbiased officer of the court, the court reporter. While this type of bulk buying of services is common in other industries, for court reporters, it may affect, or have the appearance of affecting, the specific duties and requirements of an officer of the court.

Court Reporter Impartiality

MCL 600.1491(1)(a) provides that a court reporter may not “enter into or arrange for any financial relationship that compromises the impartiality of court reporters… or that may result in the appearance that the impartiality of a court reporter…has been compromised.”

One of the highest responsibilities court reporters hold, as officers of the court, is to maintain impartiality.

An officer of the court is a person employed in specific positions in the legal system. Many people think only judges and attorneys are officers of the court. However, there are many other types of individuals who can be considered officers of the court, such as translators, investigators, bailiffs, court clerks and court reporters.

As an officer of the court, a court reporter makes an official record in the presence of a judge, or outside of a judge’s presence. Officers of the court have a duty to be impartial parties. Court reporters are charged with the responsibility of creating an unbiased, true and accurate record of proceedings.

With the practice of offering contracts to insurance companies and companies needing large amounts of services, that impartiality comes into question. Can a court reporter who is engaged in a special-rates contract with one party be considered as impartial? Contracting runs the risk of placing a court reporter in some potentially difficult positions.

For instance, if an attorney feels a portion of the record has not been transcribed accurately and requests changes be made to the transcript, traditionally a court reporter would check the transcript, compare it to the steno notes, and make a determination if an error has been made. If the reporter feels no error has been made, the reporter stands by the transcript as the official record.

With court reporters who contract large amounts of services to one company or organization, this situation may put the court reporter in an extremely difficult position. The court reporter may feel a certain level of obligation to the contracting attorney to make changes to the record. The reporter might fear jeopardizing the contract, which is likely worth thousands, if not hundreds of thousands, of dollars to his or her court reporting firm. Might there be undue pressure placed on the court reporter in this type of circumstance that places bias on the court reporter? Is even just the appearance of undue influence a problem for the court reporting industry?

The debate continues over this controversial issue in the court reporting industry. O’Brien and Bails does not participate in contracting for bulk services specifically because of these ethical concerns.

If this article interests you, you might also be interested in “9 Ethics Guidelines For Court Reporting Firm Owners“.

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