Transcript Reimbursement Fund Pro Per Pilot Project Update

Source: Court Reporter Board of California Spring Newsletter 2012



The new year kicked off the second half of the two-year (California) Transcript Reimbursement Fund (TRF) Pro Per Pilot Project. With 73 requests remaining from 2011, staff immediately began processing applications with the new $30,000 allotment for the year.

There were 216 requests approved between January 1, 2011, and February 29, 2012. A total of 45 applications have been denied for being criminal cases or because the litigant retained an attorney or were returned as incomplete because of missing signatures, fee waivers, estimates or other information.

Every effort is made to remedy deficient applications when clarification is needed or the estimates have not been provided; however, this greatly increases the processing time for all applications since the fund is limited and requests are processed on a first-come, first-served basis.

As part of the addition of Business and Professions Code 8030.5, the Board was mandated to further publicize the availability of the TRF to qualified legal services projects, qualified support centers, and pro bono attorneys. These efforts were to be made utilizing existing resources and include outreach to the State Bar Association of California, the California Commission on Access to Justice, and the Legal Aid Association of California. With the restriction of travel and other expenditures, the Board was limited on the type of outreach available. An informational brochure was created and has been distributed at conventions, such as the State Bar Annual Meeting, the Beyond the Bench Family Law Conference, and the Northern California Pro Bono Regional Meeting. In addition to the mandated outreach, the California Court Reporters Association published an article in its CCRA Online newsletter in December 2011.

To date, approximately 114 vulnerable litigants have been assisted by the pro per pilot project who may not have been able to pursue their cases or appeals without the assistance of the TRF. And although demand clearly exceeds resources for the pro per fund, the TRF overall is being better utilized than in prior years and continues to be fiscally sound.


As required by the Business & Professions Code, the Board submitted a report to the Senate and Assembly Judiciary Committees on March 1, 2012, regarding the TRF and pro per pilot project. The subject is also of special interest to the Legislature in their oversight of the Board as a whole in the sunset review process. The Board awaits a decision from the Legislature on whether or not the pro per pilot project will be extended after January 1, 2013.

Food From the Bar Campaign - April 30 - May 25, 2012

Hutchings' Wear-Jeans-to-Work team is joining the legal community for a 4-week Food from the Bar Campaign to support the fantastic work of the Los Angeles Regional Food Bank. April 30 - May 25, 2012.

We ask for your kind assistance with non-perishible food, dollars or volunteer efforts. Look for Hutchings' food bins in our LA and OC offices. More than 1 million people receive food assistance from the Food Bank each year!

LA Food Bank - Fighting Hunger. Giving Hope.

SoCalPROS Walk Team Raises Over $1,800 for Alzheimer's Association

The SoCalPROS Walk To End Alzheimer’s Team may have been short on walkers, but we raised over $1,800! This is the SoCalPROS Walk Team’s 2nd year of participation in the Walk to End Alzheimer’s which took place on Saturday, April 21st in Tustin, California. Pictured: Martha Hutchings, Shannon Kennedy, Sangeeta Agrawal, and Diana Baker.

Hutchings Court Reporters “Hutchings Heroes” team will be walking on September 22, 2012 at the Angel Stadium in Anaheim. We'd Love To Have You Join Us This Year!

Hutchings Mentor Program - Beginning Its 19th Year!

submitted by Hillary Sackett, Hutchings Mentor Program Coordinator

Hutchings Court Reporters' Mentor Program is designed to give southern California students an exciting opportunity to receive practical and professional advice along with priority treatment for deposition apprentice hours. The program complements the instruction of court reporting schools.

Over 550 court reporting students from the following southern California schools have participated in Hutchings Mentor Program over the past 18 years: Cypress College, Cerritos College, Sage College, South Coast College, Downey Adult School, Tri-Community College and Bryan College.

Deadbeat Lawyer's Case: Dead on Appeal

Hot off CCRA's press is news that the appeal of a deadbeat lawyer is dead. The decision was filed and certified for publication on April 20, 2012. This represents a major victory in what could have had a devastating effect upon any court reporter or agency trying to collect fees.


CCRA's President Early Langley assisted appellate lawyers Philip Landsman, Robert F. Cohen and Frances L. Diaz by writing an amicus curiae letter on behalf of the plaintiff court reporting firm, Personal Court Reporters, Inc., and all the court reporters in the state of California.

The deadbeat lawyer tried to make this case into a violation of free speech. In the Second Appellate District, Division Four, the court found that the causes of action do not arise from his free speech. Instead, they found that his nonpayment of overdue invoices was really at issue.

This illustrates the point that no matter what legislation may exist to get a deadbeat lawyer to pay his bills, there will always be someone out there who will find a way to avoid paying. And in this case, the lawyer went all the way, at a cost of thousands of dollars to the court reporting firm.

To view the published opinion, visit http://www.courtinfo.ca.gov/opinions/documents/B229358.PDF

Hutchings Mobile App

Anywhere -- Anytime - Use Hutchings' Mobile App for iPhone and iPad Connection to your Online Deposition Calendar + Transcript | Exhibit Repository

Review your deposition calendar. Download your transcripts and exhibits. And more. If you have been set up with your complimentary online access account, all you need to do is download Hutchings' free App through iTunes. (Search: Hutchings Court Reporters).

If you haven't accessed the Hutchings-hosted online repository before, please contact us at godigital@hutchings.com to obtain your user name and password.

Learn More

Valentine's Day Treats for Court Reporting Students

submitted by Martha Hutchings

During Valentine's Week, California Court Reporters Association (CCRA) paid tribute to all of the hard-working students studying to be our future court reporters. CCRA's student liaison, Gerie Bunch, chair of the Save Our Students (SOS) program, coordinated with 16 schools statewide to ensure that all students were included in Valentine's Day deliveries. Members from all over the state delivered a Valentine's Day candy/cookie basket to each of the schools.

I was asked to deliver sweet treats to South Coast College. Students, Airriann Guyant and Javier Saavedra are posing with Hutchings' treats. It was great to meet Airriann and Javier and the students' response to the goodies was enthusiastic.

 

There are approximately 2,325 students statewide studying court reporting, and CCRA is proud to support the future of our profession.

Making a Difference - One Wednesday at a Time

submitted by Hillary Sackett, Hutchings Heroes Team Captain

Hutchings Court Reporters staff love to go Casual for a Cause.  Every Wednesday, team members are invited to wear jeans to the office and make a small donation to charity.  Through this method alone over the past two years, our group has contributed thousands of dollars to programs and services of the Alzheimer's Association, the Haiti Earthquate Relief fund and local area food banks.  Our current focus for the 2011 holidays -- the Los Angeles food bank.  Look for "change jars" in our offices if you care to make a donation.

It's a small commitment that has BIG results!  Perhaps your firm would be interested in setting up something similar...

Introduction to Litigation -- Seminar for Legal Support Staff

Submitted by Sarah Wilson, J.D. - Client Services  Hutchings Court Reporters

Mid-September, Hutchings Court Reporters paired with Davidson Legal Staffing for the 8th consecutive year to host and co-present a 3-day litigation seminar at Hutchings' Los Angeles office.

Instructor Karyn Beyer covered a variety of civil litigation topics including discovery procedures, Federal and California State Court structure, e-filing in California, motion practice and the complexities of calendaring. Jeff Koller of Hutchings conducted a segment highlighting transcript technology options to make litigation easier.

A broad spectrum of legal support staff from Southern California were in attendance. The seminar is available twice a year in both San Francisco and Los Angeles.  For more information, contact Diana Baker at Davidson Legal Staffing.

Take Me Out to the Ballgame - Sept. 10, 2011

Thanks to the Management Team at Hutchings Court Reporters, our staff had a great time at the 2nd Annual Game and Tailgate Party.  The Angels played the NY Yankees at the fabulous Angel Stadium.  The Wysowski's handled the tailgate grill in stellar fashion!

Court Reporter Sues Criminal Lawyer for Defamation Over Altered-Transcript Claim

submitted by Martha Hutchings

A Pennsylvania lawyer has so far been unsuccessful in his efforts to obtain an audiotape and other original materials that he contends would help prove his claim that transcripts of his client's Washington County murder trial were altered. So attorney Noah Geary is now pursuing an appeal of adverse superior court rulings with the state's highest court.

Meanwhile, he is facing a defamation case filed by the stenographer who, he alleged, made changes at the direction of the judge who presided over the murder trial, according to the Observer-Reporter.

Geary has previously contended that court reporter Toni DiNardo herself told him that President Judge Debbie O'Dell Seneca ordered her to alter the transcript of a sentencing hearing for his client, Gerald Szakal, as an earlier Observer-Reporter editorial details.

She says in her defamation suit that she has suffered damage to her professional reputation and emotional distress because of Geary's false and malicious claims, which she alleges he made without appropriate investigation. DiNardo lives in Pittsburgh and has filed suit in Allegheny County.

Geary contends objections and motions for a mistrial he made during Szakal's murder trial were either omitted or moved to a different point in the proceeding in the transcript, according to the Valley Independent.

Maybe My Password Isn't As Strong As I Thought It Was

Submitted by Bill Jimenez, Hutchings I.T. Director

Hutchings Court Reporters recognizes that having strong passwords is an essential component to computer and Internet security.The old line of thought of having a mixture of alphanumeric and special characters make up your password has been shown to be not as strong, or as easy to remember, as stringing several words together. Use at least four random words and use them in a manner that makes sense to you in order to easily remember them.

For years, we in the computer industry, have been telling people to create cryptic passwords that include upper and lowercase letters, numbers, and special characters. We’ve been saying that if you replace certain characters with others, such as @ instead of “a”, or 3 instead of “E”, or ! instead of l, that chances of getting your password stolen are remote. Well, it would be remote, but with today’s technology, someone trying to break that password would have it figured out in 3 days with 1000 guesses/second, which is probably faster than you trying to remember what the password actually is.

Hutchings' 2012 Perpetual Calendars Now Available

The much-loved Hutchings Calendar is here.  Download it now.  Or ask for a hard copy to be sent to your office.   Hutchings' self-adhesive computer monitor/keyboard calendars are also available.  Office deliveries to begin last week of September.

Beware of "Juice-Jacking" - Security for Your Smartphone

Submitted by Bill Jimenez, Hutchings IT Director

Hutchings Court Reporters recognizes that travel could be a large part of an attorney's agenda. Many times during traveling, it's easy to use the services that are available when needed, especially when you're on a call, or need to make a call, and realize that the battery on your device is running low. This article offers pertinent insight into making you aware of the dangers of doing so as to avoid your data from being stolen.

You’re out and about, and your smartphone’s battery is about to die. Maybe you’re at an airport, hotel, or shopping mall. You don’t have the power cable needed to charge the device, but you do have a USB cord that can supply the needed juice. Then you spot an oasis: A free charging kiosk. Do you hesitate before connecting your phone to this unknown device that could be configured to read most of the data on your phone, and perhaps even upload malware?  Read more -- www.krebsonsecurity.com

Deposition Exhibit Handling Considerations

-Jeffrey Koller, Hutchings General Counsel, Client Services

Here are a few things to consider:

· The identifying and marking of exhibits by the reporter at the request of counsel

· Keeping track of the complete exhibit (all of the pages)

· Differentiating between the exhibit marked to the deposition and other copies of the same that might be present on the conference table

· Producing additional copies of the exhibits for attending counsel and/or the witness

Videoconferencing: Making It All Happen – No Matter Where You Are

-Martha Hutchings, Hutchings Court Reporters

I was just talking to one of our reporters about an exciting assignment she was on via videoconference. What a great use of technology to make it all happen - no matter where you are!

• Multiple telephonic participants
• Streaming realtime text over the Internet to parties
• Counsel present with the reporter locally receiving realtime feed onsite
• The deponent was located in the Middle East

Privacy Concerns - Reporter's Handling of Confidential Information

-Jeff Koller, Hutchings General Counsel, Client Services

Have you ever considered and anticipated how the court reporter is supposed to handle confidential testimony and/or documents, particularly in light of privacy concerns?

· Is there a protective order applicable to the request? Is it being attached to the deposition?

· Have counsel stipulated as to which testimony and/or exhibits are to be treated as confidential?

· Is this stipulation in writing and made part of the transcript or simply put on the record either prior to, during or at the conclusion of the proceeding?

· If there is no stipulation, then counsel should state their objection as to whether or not the testimony or documents at issue are confidential and consider suspending the deposition to obtain a protective order and/or a clarification of the existing order.

Trying Your Case On a Budget - Webinar June 14, 2011 12 PST

- Jeffrey Koller - Hutchings General Counsel, Client Services

The cost to litigate cases continues to climb, and even steeper when you take them to bench or jury trial. On June 14, 1011, Consumer Attorneys of San Diego will offer a webinar presenting trial strategies and procedures that will help you successfully try your case while on a budget.  CASD offers ongoing programs on a variety of notable and practice oriented topics as well.

Coupled with what will be offered in this upcoming seminar, keep in mind the time and cost efficiences to be gained by working closely with your court reporting agency during the depostion/discovery stage.

First of all, are you aware that you can obtain online transcripts as well as deposition exhibits which can be viewed, searched, printed and then incorporated into a variety of trial presentation and related litigation software?  For example, CaseViewNet offers a free realtime viewer and transcript review program. Yes, "free." This program will easily reduce the time it takes to prepare your deposition summaries even providing you a method to draw out testimony by specific issues (i.e. impeachment, background, education, injury, etc.), as well as provide a user-friendly method to receive a realtime feed from the reporter.

Apple iPhone App Features U.S. District Court System

Alexandria, Va., June 3, 2011 /PRNewswire/

Intellectual property law firm Oblon, Spivak, McClelland, Maier &Neustadt, L.L.P., has launched an Apple iPhone application that features the U.S. district court system and offers many resources to assist and inform the firm's clients about current IP news and court decisions.

The iPhone app, "Oblon, Spivak's Guide to the U.S. District Courts" available as a free download on the iTunes application store, features interactive maps of the U.S. district court system and information on individual courts. It includes a national map and separate maps of each of the 11 U.S. court circuits, as well as state-level maps and district-level maps. Users can select a U.S. court circuit, view a map of that circuit, select a specific state and see all the U.S. district courts in that state. Selecting a specific court then provides details of that court, including its physical address, phone numbers, website address and judges and clerks. A similar resource can be found here on the firm's website.

Free Webinar: Why Lawyers Cannot Afford to Ignore Technology - June 16, 2011

Judges Panel: Why Lawyers CANNOT Afford to Ignore Technology – CLE Eligible*

Online:
June 16, 2011
1:30 – 2:30 pm ET
at Virtual LegalTech