Can I sue an agency if the attorney refuses to pay for transcripts?

Can I hold the agency I work for responsible if the client does not pay? The attorney ordered transcripts from me but, now is refusing  to pay,  his reason is he did not order.  I am seriously, considering suing the agency. Need advice, thanks.

sent from my iphone

Hey,

I don't think you can sue the attorney personally if the name of your court reporting firm did the billing.  Technically, he owes the firm since they submitted the bill.

I have a firm, and, if any attorney doesn't pay, I pay my reporter and don't accept any other work from that attorney unless it is COD.

I'd rather have faithful reporters that deadbeat clients, and, if they're not going to pay, I don't want to pay their bills to my reporters.  So I consider it a loss, but not a big loss.  Good luck to you, Carol DeBee Martin

Courtreporternew;  Seems you already have your answer from all the commenters - without something more than your word against his, chalk this one up to experience.

However, this *off-the-record,* ordering will happen more times than actually physically on the record.

So, depending on your personal style and comfort level, you have some choices going into the future:

1)  There's nothing wrong with notating a brief discussion of *We'd like a copy, Ms./Mr. Reporter" and you saying *Sure, Counsel* right there in your notes.  YOU are the official keeper of the record.  The attys can say, *This concludes the depo of so-and-so..." but that doesn't preclude you from adding a few, couple more lines as confirmation of their order - even on their way out the door.

2) If it's in the elevator after you're all packed up, that's a different story!   (Attys are smart; you're smarter!)  Simply send them an email the next day or so - (You have their card, right?)  and cc your agency so they have all correspondence (And they see that you're endeavoring to make more money for all concerned!)

*Dear, Atty Ordered-in-the-Elevator

Just wanting to confirm your order of a Certified Copy of the deposition of Joe-Blow, rough draft, and expedited for delivery on (date) taken in the matter of Joe-Blow V. Everyone else...

That's it.

They should respond.  And keep the email.  I created a folder in my email account for Draft and Copy Orders - and I click and drag everything in there and keep it.... FOREVER!

If they don't respond, heck with it.  Who knows what kind of circumstances have led them to change their minds.  Creates less stress for you feeling like $$$ is owed later.  

3)  Create your own and/or ALWAYS carry with you, simple, easy Copy Ordering sheets in your steno bag - Just before the conclusion of the proceedings (or after lunch, if appropriate) whip it out; Let counsel know, *My agency requires this for all copy orders.*

Then you're covered. 

*Note:  No matter how nice, pleasant, professional, engaging counsel seem at the setting; just get some type of documentation in whatever way you're most comfortable.  It's a bad economy.  Everyone is looking for ways out - don't let it result in well-earned cash out of your pocket.

There's a *copy order sheet* format, floating around on this site somewhere with how to create your own, what services to include...

Your agency will be impressed when you scan and upload any and all orders for all services with your worksheet.   Protect them and you. 

First of all, does the attorney have the transcript?   Is the agency paying you at least your fee for attending the depo?   Is the order on the record or do you have a signed form? 

I have only had that happen once, a little different tough.  Attorney ordered a two-day rough draft, but called a few days after receiving rough to say they settled the case, they no longer needed transcript.  Luckily for me, since the transcript was completed in final already, firm said they still had to pay, and attorney was nice enough to understand and paid the invoice.

They paid me for the appearance fees. The transcripts were hand-delivered to the law office the agency showed me the delivery receipts and forwarded me an email that the attorney said, he was not going to pay for transcripts that were not ordered.

I did not get a signature they ordered off the record after the deposition was over.

Our agency required a verbal confirmation over the phone after the order is placed.  The reporter does not go ahead with the copy unless we have that confirmation.

It is really not the court reporting agency's fault that the attorney renigged on his order.  I disagree with some reporters who think that the agency owes them regardless.  I've even had reporters tell me that the agency should force the copy attorneys to order  because the reporters believe they should always be paid for a minimum of an O+2 when they transcribe a job!

If it was the taking attorney and the other side ordered, in many states the taking attorney is responsible for the O+1 (or original), no matter what.  If it's the non-taking attorney (copy only guy) well, there's several things you can do.   If the attorney kept the transcripts, then you should ask your agency if they would enforce collections since he has the transcripts, or ask the agency if they would allow you to take him to small claims court to collect from him if they are not going to. 

If it's the non-taking attorney and he returned the transcripts, then you really don't have a case against anyone.  My personal opinion is the copy attorney has the right to change their mind, even after ordering, particularly if you're producing the transcript for the taking attorney.  It puts much more of a burden on the agency for preparing the copy and sending it out than it does on you, the reporter, because you're editing the transcript anyway. 

This is the reason many firms have gone to signed order forms to be given to the attorneys at the jobs.  I make sure I have the order on the audio if I don't have a signed order form, but I work for many different agencies and I now carry generic order forms with me and ask the agencies that don't have their own if it's okay if I pass them out.  If they say no, then I at least put it on the audio. 

Naola

I hope this is not the workers comp firm from Miami, please go check courtreporterssite.com I put the name of the law firm as a COD only, they will not pay for transcripts.

They purposely order transcripts off the record, if you do not have that signature or an email confirmation of order you are going to have to take him to court.

He is going to fight the and the defense will be no proof of order. They will not pay! They are currently being sued in several different counties for not paying for transcripts. Good Luck!