Is it permissible for an attorney to only order a rough draft?

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I think I'm missing some part of this: Did your ordering atty simply say, *I need a draft* or *Send me a draft* and it's got you thinkin' that's all he/she wants? Because the ordering/noticing attorney automatically gets the O+1. I did, however, have a case this summer where the noticing atty did not want the depo transcribed (so it was a hold notes and he was billed accordingly). They were anticipating a Volume II - which still hasn't happened, to my knowledge.

For the other guy (opposing counsel) it is not common to let them order a rough draft only. They must order a certified copy in order to receive a rough draft...

Hope this helps...

The noticing attorney originally held the transcript, then called the next day requesting a rough draft. - dlrarabbit 9/23/2010 7:31:58 PM | Flag

Right. So that sounds like my situation last summer. They don't get to go around asking for a non-transcribe and not pay anything and order a rough hoping to glean the testimony from it. It is common to incur a fee for the hold, perhaps a per diem, depending how long the proceedings were and the rough order. I can't say what the fees are per Mr. Olivas' and anti-trust rules, but hopefully, your agency isn't saying it's a rough only - end of story. I'm sure they're not. In fact, your situation is better than a hold only, right, you get the rough on top of it... FYI = *Don't clean that rough too much...* - jeanese 9/23/2010 7:54:22 PM | Flag

yes, I know I get a fee for the rough draft, but I'm wondering if we can bind them to order a final or not. - dlrarabbit 9/23/2010 8:01:38 PM | Flag

I don't really see how unless it was stated up front - all settings will be billed at a full O+1 rate in accordance with the pages expended and the time on the record - which usually is unnecessary. Your *hold* fee should be efficient to cover and you don't have to bother finalizing the transcript. Then you get the draft on top of that... - jeanese 9/23/2010 8:12:12 PM | Flag

Answered by dlrarabbit {82}
9/23/2010 11:22:01 PM

[0 Votes]

Thanks for your time and info!

Sure! I hope it works out for you. Rosalie is right, the O+1 is automatic, but in this case (and my case) they're asking to hold. So keep your notes (10 years in California) because you never know... Just last year, I got a call for a hold from 2004! I had it on an old computer hidden under my bed (I know! Great organization skills...lol!) I was really glad I had it, but then again, I was required to. I don't think I have any older than that one...I'm afraid to delete them. - jeanese 9/24/2010 6:51:23 PM | Flag

Just one point here: We have to retain our untranscribed notes for just eight years rather than ten years. - tonipulone 9/26/2010 4:36:02 AM | Flag

Tonipulone, I think the rules have changed that it is now 10 years to hold notes. It used to be 8. I wish I can remember the code on that, but I don't. - Rosalie 9/26/2010 1:01:56 PM | Flag

(e) Stenographic notes of depositions shall be retained by thereporter for a period of not less than eight years from the date ofthe deposition, where no transcript is produced, and not less thanone year from the date on which the transcript is produced. Thosenotes may be either on paper or electronic media, as long as itallows for satisfactory production of a transcript at any time duringthe periods specified. - tonipulone 9/26/2010 2:29:35 PM | Flag

It's still 8 years required for the retention of untransribed notes, one year for notes that have been transcribed. The CCP section that applies here is 2025.510, and I just pasted it in here before getting this comment in, but I meant for this to go with it. - tonipulone 9/26/2010 2:33:03 PM | Flag

Should have clarified in my previous posting that this is the CA Code of Civil Procedure we're talking about here, so just applies to CA CSRs. Can't speak to what rules there may be for reporters in other states. - tonipulone 9/26/2010 2:50:45 PM | Flag

Thanks for the update, Tonipulone! - jeanese 9/26/2010 2:55:56 PM | Flag

Thank you, Tonipulone, for the info and correcting me. I remember somebody told me 10 years, which obviously is wrong, and I am in California too. I do have one question, though, just so I don't think I'm going crazy. I have been reporting since 1997, has it always been 8 years or did it change? I know it used to be two years for transcribed notes, and it was changed to 1 year. So maybe it was less than 8 before and I made an error thinking it is now 10, or has it always been 8? It's driving me crazy of why I thought it was 10. Again, thank you for the correct info. - Rosalie 9/27/2010 12:04:00 PM | Flag

It's been 8 years and 1 year for as long as I can remember, Rosalie, but don't think that you're going crazy. Those numbers probably just got stuck in your memory regarding something. I know that those time periods for note retention went into the CCP many years ago, while Rick Black was the Exec. Director of the Court Rptrs Board, and that goes back prior to the '97 timeframe when you started. I'll try to find out for you when this language went into the Code and will let you know if I do. - tonipulone 9/27/2010 3:50:45 PM | Flag

Answered by Rosalie {1907}
9/24/2010 12:48:19 AM

[0 Votes]

Once they order the rough draft, it's automatic that they are going to receive the final transcript, paying for the rough draft plus the 0&1 since he's the noticing attorney. Hopefully this is a firm that you work with all the time that gave you the job because they know that you cannot give a rough draft to any attorney without sending the final transcript after.

Answered by naolavaughn {269}
9/26/2010 12:12:39 AM

[0 Votes]

For me it would depend on the client. Let's say he's a good client, he took the depo, but he needs to go back to his client to see if they can settle and he wants to keep costs down. If he says, "Hold off on the final because we may settle, but can you shoot me a rough," I would do it. I would charge my regular rate for the rough plus a normal appearance for a hold notes. I personally don't see anything wrong with doing that. Let's say it's a 200 pg job. I would spend about 30 min to 45 min going through the rough, but if I had to edit it, it's a minimum of 5 hours time. The cost to the client is my hold notes appearance rate plus, for example, $200 ($1/pg rough - just rounding off). I still made $200+ in less than an hour's time.

But part of that also depends on whether it's your choice to charge for only a rough versus whether you work for an agency and they have a "rough-only policy."

Naola

Answered by LoriByrdBuckner {118}
http://htt;://www.bucknerreporting.com
9/26/2010 10:04:59 AM

[0 Votes]

Any transcript order must include the final, finished transcript. That is a policy that I have gone by from the beginning in freelancing. The fact is, they CAN have just a rough draft, but because they are paying for the end product also, they might as well receive it.

I know of a couple states in the country who have some kind of "policy" that it's okay for the attorney not to order the transcript, and in these cases when an attorney asks for a rough draft, it may be wise to have them sign an order form that shows the policy that if you order a rough draft, you are automatically paying for the final transcript also.

I believe that no writeups need to be charged some kind of "hold fee" in order to discourage this practice. It is difficult for reporters and court reporting firms when this happens.

Lori, the firms I work with do charge a hold fee. If the attorney ends up ordering the job weeks later, I will only be paid the amount due minus the hold fee, which is fair because I'm still getting the same amount of money I'm entitled to if they ordered that same day. The only time I was paid more on a hold job is when the attorney called three weeks later and needed the transcript within two or three days, so he ended up paying for an expedite. He didn't understand at first until the agency told him I had to put my other work on hold to do his job now. In the end, it all worked out fine. - Rosalie 10/5/2010 12:16:32 PM | Flag