QUESTION TO HOTLINE:
Reporters are giving gift certificates to get business. Is this permissible?
ANSWER FROM HOTLINE:
In Section 52.029 of the Texas Statutes, it states that a reporter can have his/her license revoked or suspended for (9) unprofessional conduct, including giving directly or indirectly, benefiting from or being employed as a result of any gift, incentive, reward or anything of value to attorneys, clients, or their representatives or agents except for nominal items that do not exceed $100 in the aggregate for each recipient each year. In lay terminology, we can give “thank you” gifts but should not give a gift with the understanding we are definitely getting business in return. Gifts should not total more than $100 for the year. If we gave a gift of $100, we should not give another gift the entire year.
QUESTION TO HOTLINE:
Voice writers/stenomaskers are applying for positions and not stating they are voice writers/stenomaskers. They are only stating that they are certified reporters.
ANSWER FROM HOTLINE:
Voice writers/stenomaskers are allowed to be called certified reporters the same as steno writers are. When they are issued their certification, they have the method by which they were tested listed on their certification. If a voice writer/stenomasker is using a method by which they are not certified, they can have their license revoked. It is important that firm owners and those hiring in the court ask the manner in which a reporter reports. Some states have audio, video, voice writers/stenomaskers and machine writers. Be certain when you refer an assignment in or out of town that you specify the manner in which you want the job reported. If your clients call and want a referral, be certain you tell them to request a steno writer if that is what they want.
QUESTION TO HOTLINE:
Reporters are receiving letters from an out-of-state firm that does voice-to-text. What does that mean?
ANSWER FROM HOTLINE:
Voice-to-text can have different meanings. It can be transcribing from audio, voice writing, or using steno machine to text. The safest thing for a reporter to do is to call the company advertising and ask them if they or their affiliated companies are using audio, voicing, or steno machine to produce their transcripts. Always get the facts before you choose the firm with whom you desire to work.
QUESTION TO HOTLINE:
There is an out-of-state firm offering to do distribution transcripts. Is this permissible?
ANSWER FROM HOTLINE:
This is still being investigated. I called to ask who owned this firm and they said an individual owned it. They would not give me the name. Reporters should be very careful who they allow to distribute their work. We have certain guidelines in Texas that must be followed on every assignment. The other problem with sending your deposition to a firm of this type is that they could use your transcript in a large database and see your transcript. The Texas Attorney General years ago said it would be a prudent idea for us to have these databases.
QUESTION TO HOTLINE:
I saw a deposition that only contained 45 characters to the line and had the time stamping inside the box on the right-hand side of the page. Is this an acceptable way to produce a transcript:
ANSWER FROM HOTLINE:
The answer is NO. The best way to know if you have the correct number of characters is as follows: Take a ruler and measure inside the lined box. It should measure 6 ½ inches. Depositions are to be transcribed in either 9 or 10 pitch. If you are using 9 pitch, there will be 9 characters to the inch. If you are using 10 pitch, there will be 10 characters to the inch. If you are transcribing in 9 pitch, you should have 56 to 57 characters on a line of transcript. If you are using 10 pitch, you should have 63 characters.
TIME-STAMPING MUST BE OUSIDE THE BOX.
Please refer to the Uniform Format Manual (UFM) for these and other rules. FIRMS MUST REVIEW THEIR TRANSCRIPTS BECAUSE BOTH THE INDIVIDUAL AND THE FIRM ARE RESPONSIBLE PARTIES. THE FIRM CAN LOSE ITS REGISTRATION TO DO BUSINESS IN TEXAS AND THE INDIVIDUAL REPORTER CAN LOSE HIS/HER LICENSE TO PRACTICE IN TEXAS.
QUESTION TO HOTLINE:
I received a letter from an attorney asking that I sign allowing the insurance company to be responsible and not the attorney. Should I sign saying the attorney is no longer responsible?
ANSWER FROM HOTLINE:
This is a business decision that is up to you. If an attorney does not want to be responsible, it may mean he has doubts about the solvency of his insurance clients. Other choices would be to ask for money in advance, hold the transcript until payment is received, charge it by credit card, or send it C.O.D.
| Ever find yourself in a situation on the job you wish you weren’t and don’t know how to get out of it? Maybe you’re not “up” on the Rules or it’s one of those gray areas that could be up for interpretation? Maybe you’ve been put on the spot by an attorney and don’t want to commit yourself to an answer until you check with your “sources”? Come on. It happens to all of us at some point in our reporting career. THERE IS HELP FOR US!! Pick up the phone and call either Susan Henley at 713-524-6777 or Shirley Houston at 713-739-1400. They will do their best to answer your questions. |
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Rick Tompkins, Owner Tracey Tompkins Office: (281) 242-6110 Toll Free: (888) 280-7081 Fax: (281) 494-6111 |
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