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News and Tips
November 2011 |
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Roger G. Flygare & Associates, Inc.
1715 South 324th Place, Suite 250
Federal Way, Washington 98003
(800) 574-0414 (253) 661-2711
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Greetings ,
Court Reporting and Contracting
Contracting between court reporting agencies and lawyers and law firms is nothing new; however, the extent that contracting is increasing and is filled with ethical problems and the lack of fair dealing. Many states across the nation have laws that preclude contracting or require some provision of notification of when a contract exists between a lawyer or a lawyer's client, such as an insurance company, or a law firm when the contract calls out for exclusivity of court reporting services.
Most often in states with notification requirements rather than an outright ban provide that the reporter on site must inform the parties of the existence of a contractual nature with one of the parties involved and they must offer the same rates to everyone, price of originals and copies as well as attendance charges, and other services that may be requested and are covered by the contract.
Failure to disclose is an ethical violation not only against the court reporter but more likely than not the attorney who holds the contract for services as well.
In a Michigan Bar Journal for November 2011, an article on this topic written by Craig E. Hilborn, Attorney at Law, President of Hilborn & Hilborn, PC, for the State of Michigan, 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," and MCL 600.1491(1)(b1) provides that a court reporter may not "enter into a blanket contract with parties, litigants, attorneys, or their representatives unless all parties to the action are informed on the record in every deposition of the fees to be charged to all parties for original transcripts, copies of transcripts, and any other court reporting services to be provided." In turn, MCL 600.1490(1)(a) defines a "blanket contact as a contract under which the court reporter ... or court reporting firm agrees to perform all court reporting or court recording services for a client for 2 or more cases at a rate of compensation fixed in the contract." Accordingly, if such a blanket contract exists, it must be disclosed on the record and the court reporter must also advise each party of the fees it will be charged under the contracted rate."
I doubt that any attorney reading this article has heard any kind of qualification of an existing contract by a court reporter at a deposition and the fees related thereunder. As Mr. Hilborn states in closing, "If there is no disclosure made on the record by the court reporter at my next deposition, I will be certain to ask whether a blanket contract exists and, if so, what price each party will be charged for the transcripts."
I would encourage all attorneys attending depositions to ask that very same question to assure themselves of the fairness, impartiality, and ethical standards are being afforded to everyone involved.
Best wishes,
Roger Flygare
CEO Flygare & Associates, INC.
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The Video Vault
By Chris Lewis
Welcome back to The Video Vault
 Video vault is ready to jump back into the 2000's for the next update on the history of the video camera.
As briefly discussed in the last article, in 2003 Sony pioneered the first tapeless video format which used a Professional Disc as recording media.
In 2006 Sony and Panasonic introduced AVCHD as an inexpensive consumer-grade tapeless high definition video format.
In the following year Sony introduced XDAM EX which offered similar recording modes to XDCAM HD, but records onto memory cards.
Above is a picture of a JVC KY D29 Digital-S pro camcorder. This model was very advanced for the early days of video cameras, but just scratched the surface of where the technology has gone.
Today the consumer market seems to favor ease of use, portability, and price. Many of the devices we carry in our pockets, purses or briefcases are capable of functioning as video recorders. The technology of these devices far outshines the video quality of early video cameras. Pricing of high quality video recording equipment can vary drastically from the most inexpensive flip phones to high end TV quality HD equipment.
Have a happy holiday season. Stay tuned for next month's Video Vault.
Chris Lewis
If you would like more information on this or any of our previous stories from the video vault call or send an e-mail to:
RGflygare@flygare.com
All calls and e-mails are considered private and highly confidential.
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November Question:
What year did the pilgrims arrive in America?
Check back next month for the November trivia time answer.
*Last month's trivia time question:
What is the longest river in the United States?
Answer: Missouri River
Click here for a sneak peek at this months trivia time answer |
FIND Carib Raj's Treasure!
Ahoy, Mateys and Matresses! To collect the spoils of adventure troll through the Flygare website and be the first person to locate this month's Carib Raj treasure chest. It washes ashore on a different page each month!
To claim your prize, be the first to click on the treasure chest each month and fill out the form. (Only eligible to win one time per year)
May the fair winds keep your sails ever full.
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Transcription Corner
Anna Hirsch
Senior Transcriptionist
VARIETY IS THE SPICE LIFE IN TRANSCRIPTION!!!
One of the things that I enjoy most about my job as a Transcriptionist is the variety of the transcripts I get to work on.
A lot of pro se people bring me voice messages or text messages to be transcribed. Those can be extremely interesting especially if it has to do with financial matters or divorces. I have heard statements, comments and name calling that would put truckers to shame.
It is also very interesting when working on a civil case versus a criminal case versus a personal injury claim. The language is sometimes different, the standard for the burden of proof is different and the way the attorney's argue their case somehow seems different as well.
Recently I transcribed an L&I injury claim for someone hurt on a construction site. When I type these types of personal injury cases the attorneys involved frequently cite WACs or RCWs as they pertain to the situation. I have learned quite a bit over the last few years looking these rules up and reading them.
Another job I recently worked on was a criminal case with multiple defendants all accused of committing burglary, robbery and rape. This is the first time I have transcribed a matter with multiple defendants and having so many attorney's involved in the same hearing. It proved to be extremely interesting.
One other thing I have found that has changed in the last four plus years I have been doing this is the CDs I receive to work from. When I first started here we actually received a lot of cases on videotape, which we would then have to copy to cassette tapes so we could use our Dictaphone machines to transcribe with. The problem with this was that in the process of copying the videotape to audiotape clarity was lost and they were very hard to hear.
Back then there were tons of inaudibles in our transcripts. Now, we receive virtually all work on CDs and the clarity has improved substantially. Although we still have difficulty hearing at times and there are still inaudibles in our transcripts, there are a lot fewer of them than there used to be. Even though the clarity has improved, it is still not as good as having a real court reporter in the courtroom taking everything down.
Yep, I would have to say ,at least from a transcriptionist's standpoint, variety "is" the spice of the job.
~Anna Hirsch
Flygare & Associates In-House Transcription Department transcribes a variety of hearings, meetings, videos, text messages, voice messages, emails, etc. We are here for all your transcription needs.
For more information about transcription or any of the other litigation support services that we offer visit us at www.flygare.com
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FOUR YEARS NO CIGARETTES!
By Colleen Donovan
Wow, hard to believe today, 11/13/11, it's been four years since I quit smoking! I never thought I could do it, but I did! Before this time my record was two years; that was when I became pregnant with my son, almost 37 years ago. That time morning sickness helped me quit.
Other than that time I have only quit maybe three times for a month or two each. I started smoking when I was 16 and I'm almost 61 years old, so that'll tell you how long it's been!
It's hard hard hard to quit smoking. One of the most helpful things to me was when I read that it takes practice to quit, so if or when you fail, just get back up, get back in the frame of mind, and try it again. I had to practice handling the pain of the physical and mental withdrawals before I finally got it down that last time; and I didn't know if I was getting it down during the process. I just knew after two days and three days and four days, etc., that if I gave in and smoked, I'd have to go through the misery of quitting all over again some day, but if I could stick it out the bad part of the physical withdrawals would be over in nine days.
After that nine days I noticed I was coughing less. For the next two or three months I dreamed often that I had quit smoking, but looked down and found myself absent-mindedly lighting and smoking a cigarette. Eventually, I stopped having that dream.
So today, after four years, I can smell and taste better, I can go to catch flights without anxiety because it'll be hours before I have a cigarette, I can work without taking breaks, I can spend the day at the genealogy library without leaving to smoke, I can sit through seminars and parties. Yes, when I visited Dick Proenneke's cabin in Alaska (look him up, very impressive story), our guide and my boyfriend were smoking out in the wilderness and it looked attractive for a couple of minutes, but when I considered all the misery, money, and health issues connected with it, the urge passed.
To anyone who is working with a nicotine addiction, my thoughts and well wishes are with you. |
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Recipe of the Month
By Anna Hirsch
Head of Transcription
Sweet Potato Pie
This is a nice alternative to Pumpkin Pie.
4 Large Yams
6 Eggs
1 1/2 cans evaporated milk
1 1/2 cubes butter
1 - 1 1/2 cups sugar
4 tsp. cinnamon
2 tsp. vanilla
1 - 2 tsp. nutmeg
Cook yams. Peel while hot. Beat yams with beaters to get strings out. Mix butter into hot yams. Add rest of ingredients. Pour into two 8 or 9 inch crusts and bake 45 minutes to 1 hour at 350 degrees. Top with whipped cream.
NOTE: It takes several times of beating the yams with a mixer and rinsing the beaters off to remove the strings. The more strings you can remove the better the pie's consistency is.
NOTE: For anyone doing baking for a diabetic, Splenda sweetener works very well in this recipe. I do it all the time for my husband.
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Our Home Office
Roger G. Flygare & Associates, Inc.
1715 South 324th Place, Suite 250
Federal Way, Washington 98003
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