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Monday, November 26, 2012

Court Reporters: Tips for Choosing a Quality Reporter

Court reporters help law firms record the language of official proceedings. Because the language of the proceedings may impact the outcome of a legal case or an important business matter, finding a candidate who has the right skills and disposition for the job is important. If your company or law firm needs a court reporter, the tips below will be helpful for choosing one who is qualified for the job.

Evaluate Training

After completing basic training, most reporters go on to specialize in certain types and areas of reporting. For example, some may specialize in real-time reporting for deposition services, while others may specialize in voice writing for trial services. The key is to choose a candidate who is trained in the discipline of the type of reporting you need, and has the requisite experience working in the area where you need it.

Speak With References

A candidate's references are a good source of information about the aspects of his or her performance that a resume does not address, such as professionalism and interpersonal demeanor. When a candidate receives positive reviews from former clients, it speaks to the person's ability to deliver the subtle performance qualities that are required for deposition services and other disciplines of reporting.

Evaluate Personality

Court reporters need personal characteristics that not everyone has, such as patience, impartiality, and attention to detail. Unfortunately, discovering whether candidates possess these qualities before they are hired is often difficult. Speaking with a candidate's references is a good way to gain insight into his or her personality, but hiring a candidate from an agency that employs a rigorous screening process is the surest way to hire a candidate who has the right personality for the job.

Evaluate Experience

Most new reporters are as technically competent as seasoned ones, but the latter have had more opportunities to prove their skills. When a person is needed to record the language of a high-profile company meeting or deposition, the customer should ideally choose a candidate who has years of experience.

Hire From an Agency

Hiring a candidate from an agency offers the following advantages, to name a few:

The person's state licensure is confirmed The person's credentials, training, and experience are confirmed The person is evaluated for personal suitability to the job The person is only retained as long as they produce quality work The agency can supply other legal assistance as needed

Evaluating a candidate's personality is difficult without performing a lengthy interview process and administering personality tests. Because reputable agencies include these measures in the hiring process, hiring a candidate from an agency brings added assurance that the person is qualified for the job.

Conclusion

Court reporters record the language of legal proceedings and official meetings, and reproduce it in the form of a manuscript. The tips above help companies identify candidates who have the right skills and personal qualities for the tedious, impartial job of court reporting. To learn more about deposition services and other services that are performed by court reporters, contact a full service reporting agency today.

Legal Placement Services: The Difference Between Court Reporters and Paralegals When Should You Contact a Litigation Lawyer? Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases

Court Reporting Services: Selecting the Right Company for Audiovisual Evidence

Videography has become a court reporting service in high demand because it allows legal counsel to see gestures and reactions of the witness as they are giving their testimony. This service is a helpful tool to attorneys as they create their case and the acquired information serves as proof throughout a trial. Professionals in this area of legal outsourcing offer multiple types of assistance including:

Forensic Animations Documentaries Deposition Services Court Proceeding Filming Meeting Transcription Filmed Media Analysis

Specialists are capable of recreating evidence supplied by a firm to generate a forensic animation. Cameras are usually placed in the courtroom to create deliberation evidence to juries. Filmed media is also used to complete transcription services during the proceedings. Professionals have the experience necessary to detect tampered recordings. This capability is important for ensuring all submitted evidence is accurate and pertains to the case.

What Should a Firm or Company Assess When in Need of Deposition Services?

Deposition service selection requires particular attention to the reputation of the company. A trusting, dependable relationship must be built to make certain the provider will be able to deliver the desired quality. A firm or business considering deposition assistance should first evaluate past work experience by speaking with current or previous clients. The company must be able to handle high-pressure cases, remain professional, and get the work done when required. Thorough research ensures the selected provider has the resources on hand to meet client needs. A videographer must include specific information on the recording for it to be considered as valid by the court. The court reporting service finished product should have an introduction, proper shots, date/time stamping, and a well-managed evidence chain. The deposition company will ask questions up front to make certain the appropriate information is included in the recording. They must certify the recording after its completion and verify the clarity of each testimony. Quality professionals will have no problem providing references or showing samples of their work.

Professional court reporting services supply individuals with a high degree of skill and experience who are capable of meeting deposition requirements. Companies with a great amount of expertise are able to supply:

Case Management Teams Skilled Reporters Hi-tech Production Facilities Technical Support Real-Time Reporting Audiovisual/Text Synchronization Exhibit Numbering Assistance File Indexing Secure 24-Hour Access

The list of services surpasses what has been laid out above, and available assistance is catered to the individual needs of a firm or private business. Videography has become a valuable tool in legal procedures. It is used for the pre-trial discovery process, to capture trial proceedings, and by the jury during deliberation. Deposition services in a legal setting are acquired to document a witness testimony before the trial occurs. This allows both legal counsels to review the testimony while creating their case. The information can be used in place of a real-time testimony when the witness is unavailable. Video recordings created outside of a courtroom are acquired to document meetings, speeches, or internal testimonies regarding a company issue. The service has continued to increase in significance as the importance of visual evidence and documentation has been recognized.

Quantum Merit Clauses

Quantum Merit (occasionally spelled Meruit) is not an atomic quality, it means having the right to be paid for the work you did, even if that work was not specifically identified in a contract. Quantum Merit is a claim of one's right to be paid. It can be an argument in a lawsuit pleading, when there is no specific contract describing the work that was performed. This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

An example of a quantum merit situation would be if someone mows a person's lawn for a month, and the homeowner benefits, knows about, and accepts that it got mowed, and thereby should understand that it was not getting mowed for free.

Some contingency collection lawyers, even if they do not put the words "quantum merit" in their retainer agreements, have clauses that state they have a right to be paid for their time and expenses so far, in the case where their client fires them suddenly. Quantum merit clauses are more commonly used by small collection companies, and by attorneys in sole practices. They are put in place, in case a lawyer puts in (e.g.) 200 hours and some money into a judgment recovery case, only to have the creditor then say: "give my judgment back to me right now". The quantum merit contact clause states the attorney can charge for the work they did.

Some attorneys use quantum merit clauses, especially after a few experiences, working hundreds or thousands of hours on large and complex judgment recovery situations; only to have clients fire them, and then use the information the attorney discovered to attempt to recover the judgment themselves, or choose another lawyer, after the "jar has been loosened".

When there is a quantum merit-style clause in your attorney's retainer agreement, you might owe the lawyer some money, because such clauses mean a contingency lawyer can get paid for the work they did, if you choose to fire them.

Quantum merit clauses may not be legal in every state, because they may be considered a contradiction of terms. When it is not defined in a contract, it should not be charged, is the way it goes in many states and courts. When you have a collection agency recover your judgment, such clauses are very rare, even when their attorneys are working on a contingency basis to recover your judgment.

Not every contingency recovery lawyer uses quantum merit contract clauses. Of course, you are free to not sign their retainer, or try to negotiate some of the terms on it. The fairest clauses specify if an attorney is fired, they get paid for only work they have done.

Judgment And Safe Deposit Boxes

Bank levies are the first thing to try, when you want to recover your judgment. This being the case, the first information to try to discover is where your judgment debtor banks. Most judgment debtors do not maintain bank safe deposit boxes (or Safety Deposit Boxes - SDBs), however some do. Bank levies require a writ of execution from the court. My articles are my opinions, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Even when you know that your judgment debtor has a bank safe deposit box (SDB), those are expensive to levy. Levy instructions should request funds from the debtor's checking and bank accounts first; and then to check for any safe deposit boxes in the name of your debtor. At that point, there is a decision to make, whether to gamble on the value of the contents of what is inside their SDB. If you can afford to risk the extra costs of having the Sheriff levy the judgment debtors SDB, it may be worth specifically requesting the SDB contents on your levy, when it gets served on the debtor's bank.

Just as some judgment creditors are not aware that the contents of a debtor's safe deposit box can be levied, many judgment debtors think that the contents of their SDB at their bank is protected from creditor levies. Judgment debtors may think they can hide some assets in a SDB, and no one will ever know. They might keep a wide variety of assets such as cash, collectibles, documents about notes receivable, jewelry, etc. That misunderstanding by judgment debtors, can be good news for judgment creditors. Those valuables can be subject to a creditor's bank levy execution.

To levy a judgment debtor's safe deposit box at their bank, you need to make a request that the bank and Sheriff check for, and possibly freeze the contents of their SDB, on the levy or execution forms filed at the court, or with the proper authority. Once the Sheriff, or other proper court representative; serves the papers on the correct bank, the contents of the judgment debtor's SDB, is subject to being used for payment toward satisfaction of your judgment.

For a levy that includes a check for safe deposit boxes, instruction letters to Sheriffs should say something similar to: "please have the Sheriff levy all funds under the name of Dan Debtor SSN 123-456-7890 at CostAPlenty bank, 123 Rich Street, San Jose, CA, 90001, for the judgment debtor. Please levy first any and all savings and deposit accounts, and then if the writ of execution is not fully satisfied, check for any and all safe deposit boxes in the name of the judgment debtor".

In California, CCP 700.150 specifies the details on how safe deposit boxes are levied, and how debtors are served notice. Government Code Section 26723 is referenced, which simply specifies a fee of $125 to open a SDB. The judgment debtor may be allowed to open their SDB voluntarily, and some do. Otherwise, the creditor must pay for forcing open and then repairing the SDB. Most of the time, this additional levy expense can be documented and added to the judgment debtor's debt.

What will happen if your levy finds a judgment debtor's safe deposit box? If your Sheriff levy instructions specify that you will pay (or prepay) the extra costs of levying a judgment debtor's bank safe deposit box, their SDB will be opened. Sometimes the key to open the SDB will appear, which usually saves the creditor money. All too often, hiring a locksmith is required to force the safe deposit box open.

When the bank's levy department responds with its "Memorandum of Garnishee", it will indicate the presence of any SDBs held in the name of your judgment debtor. At that time, the Sheriff will send you a letter and give you (e.g.) five days to let them know you want the box(es) opened by drilling. If you do, you will have to pay the Sheriff some money (e.g., $150 per visit) and usually, the bank more money (e.g., $300 per box) to drill the box(es).

The bank will offer the judgment debtor a chance to visit the bank and open their box voluntarily (however not to remove any contents). If the judgment debtor does not accept the bank's kind offer, their safe deposit boxholder privileges will be forfeited and the drilling takes place on the appointed day. Some Sheriffs require the creditor to be present on this festive occasion, others do not.

Occasionally the judgment debtor or a third-party, will claim some or all of what is in the safe deposit box does not belong to the debtor. In that case the non-debtor co-owner would have to come forward and file a third-party claim of exemption with the Sheriff, indicating the source of the funds or assets. If you suspect shenanigans, you may be able to subpoena records related to the ownership of the contents of the safe deposit box.

Will the expense of levying your debtor's SDB contents be worth the cost? Anything can happen. Their box could be empty, or it could have rare coins, stolen property, drugs, or a thick stack of $100 bills, or most anything else that can fit. Hopefully, you will find a treasure waiting to satisfy your judgment. The debtor can be in attendance, along with anyone else who has something in their SDB. It is usually fun to watch the debtor's face when their (formerly private) safe deposit box gets opened.

Court Reporters: Versatile Legal System Employees

Court reporters are responsible for the integrity of various documents used during trials and are a fundamental contributor to the legal process. Individuals in this position create the official manuscripts necessary to build a case and ensure the validity of each taken testimony. A reporter generates transcripts from spoken testimonies, conversations, and speeches held in or outside of a courtroom. Transcription is one of many forms of assistance provided by outsourced professionals. Reporters also assist with the organization of information held within official records. They are sometimes called on to seek out specific information for legal use by a representing party. Professionals additionally aid in closed-captioning, real-time translation, videography, and deposition services required outside a traditional trial setting.

Deposition Services: What Tasks are Delegated to a Professional?

Deposition services are often associated with court proceedings; however, the assistance is applicable in multiple non-court related scenarios. A legal transcript is sometimes necessary to handle human resource issues within a company or to officially document a meeting. The service is completed by one of four methods: stenographic equipment, electronic recording, voice writing, or videography. A stenotype device is used to create the necessary documents by shorthand. It is then combined with a computer system for real-time captioning in situations where a trial is publicly televised. Electronic recording involves the application of audio equipment to record the testimonies or events as they take place. The reporter identifies each speaker, verifies quality, and then creates a written transcript from the acquired audio file. Voice writing equipment prevents anyone else in the room from hearing the professional as they speak into a silencing device.

Videography services provide a recording of a meeting or testimony along with the written transcript. This latest approach allows more to be seen by individuals who are responsible for reviewing the testimony. Specific equipment is utilized to obtain the recording, which can be reviewed at any time during the trial. Videography services have been acquired by parties outside of legal practices to acquire a high quality recording of certain events. Reporters are responsible for updating existing transcripts and proofreading each document. They review the included information such as names and locations to ensure discrepancies are not present. Court reporters manage all documents to provide the most accurate information. They are responsible for these specific tasks in the legal system:

Standard Reporting Deposition Creation Public Hearing Reporting Transcription Videography Keyword Indexing Formatting of Documents Closed Captioning Translation

While most frequently used within a legal setting, these tasks are not strictly attached to trial proceedings. Deposition services, for example, are applicable in any situation where a person must recount an event. They have been applied in countless corporate settings and even for individual use. Reporters are utilized when closed captioning is necessary for television programs or other events. Videography also has numerous purposes outside of a recorded witness testimony. Any company, law firm, or individual in need of well organized, official documents has this hiring option available. Court reporters continue to be essential to the trial process and outsourced professionals provide an option to overloaded firms or companies in need of additional assistance.

The Help of a School Violence Expert Witness

School violence takes a variety of forms and can happen to anyone. It can be in the form of physical abuse, emotional torture, or even mental abuse. Common examples include bullying and sexual harassment. Aside from the traumatic experience they bring, these acts can have a negative effect on the social, mental, and physical well-being of the victim.

It is for this reason that school violence should be acted upon immediately.

About a few months ago, an interview with a legal education expert was aired on one of the country's most popular news channels. In the interview, the expert said that there are tons of school violence cases that schools are not seriously looking into. Some of them may have implemented certain policies, but still, the issues remain unsolved. Many students, teachers, and school administrators suffer from injurious behavior and other types of bullying, which often result to legal confrontations and court trials.

In these trials, a lawyer of either the defendant's or plaintiff's side often requests for a violence expert. The expert can be a professional who comes from the following field of expertise: psychology, psychiatry, sociology, and other professions that have a direct involvement in the case.

Many of these experts hold different positions in various fields. Some of them are school superintendents, administrators, specialist in legal education, educators, clinicians, experts in safety and supervision issues. These professionals are summoned to give their expert witness testimony regarding the following: the effect of the violent act on the victim, a detailed report on their findings, and perhaps a suggestion to help prevent future violence.

Before a violence expert takes the stand to testify, there are certain qualities that he must possess and certain requirements that he must satisfy. One of these requirements is his track record. He must demonstrate his expertise in court by producing the necessary documents and credentials. The common qualities of school violence experts include the following:

extensive experience in school-related violence cases such as physical abuse, accidents, bullying, and injuries; and years of experience as an expert witness (testimonials, deposition, reports and documentations).

When hiring a school violence expert witness to help you in your case, take a look at his track record. Experienced expert witnesses are not intimidated at the site of a judge. They can confidently provide a detailed account of their findings and recommendations. They remain focused and objective even during tough cross-examination sessions.