Veritext and US Legal Lied to the Public About Stenographer Shortage

Veritext, through its puppet Cooper, and US Legal, have both been lying about the stenographer shortage. How do we know? Cooper claims the problem started 8 years ago. This is objectively false. Firms 8 years ago were saying they could not pay better rates because there was a glut of reporters. Even if you don’t believe that, stenographers are 30 years behind inflation, which does not happen if a field is experiencing a shortage.

But they’ve made it even easier to tell they are lying and committing a fraud against the legal profession. Let’s see what Cooper has to say.

As you can see, Cooper claims you would need 82,000 students to enroll in court reporting training programs nationwide in 2019 and each year following in order to overcome the deficit.

What does US Legal say?

Wow. 82,000 enrollments needed and only 2,500 enrollments occurred. Sounds like a death knell for stenography. Right?

Liars. How do we know? In 2014, BLS told us there were 21,000 court reporters. From my own independent analysis of the numbers and NCRA statistics, there are actually closer to 27,000 or 28,000 court reporters. It does not matter whose statistics you use, the conclusion they’re lying remains the same. There was no shortage crisis in 2014. We have roughly the same number of court reporters today as we did back then. The 2013 Ducker Report told us that 70% of court reporters would retire over the next 20 years (2013-2033). 70% of that 28,000 is about 20,000 reporters. Succinctly, the retirement cliff we are trying so hard to fight is about 20,000 people if you trust NCRA and about 15,000 people if you trust the Bureau of Labor Statistics.

About 10% of people that start steno graduate. So if we had 82,000 enrollments a year, that’s 8,200 new stenographers per year. But look at what US Legal wrote again. “We needed 82,000 new students to enroll in court reporting training programs nationwide each year to overcome the impact.” If we, in fact, have 82,000 new students each year from 2019 to 2033 (15 years), we would have 1.23 million enrollments or 123,000 graduates. Our field would be quadruple the size it is today, and if you go by the Bureau of Labor Statistics, nearly six times larger than it was in 2014.

To combat our retirement cliff of 20,000 people between 2019 and 2033, we need a total of 200,000 enrollments. That’s about 13,400 enrollments or 1,340 graduates a year, a number six times smaller than the one proffered by US Legal and Veritext/Cooper. If you’re six feet tall, that’s like me claiming you’re 36 feet tall. If we required 8,200 stenographers per year, about half of all depositions would be going uncovered right now (8,200 x 3 years 2019-2021, a gap and demand for 25,000 stenographers by 2021.)

If you accept Owler’s revenue numbers, Veritext controls about $490 million in revenue and US Legal controls about $100 million. That’s a combined total of $590 million. If you accept the Kentley Insights 2019 Stenotype Services market research report, that’s about 20% of our field, and they are using their power to destroy it.

590 million divided by 3 billion is almost 20%

Some have said: They’re lying. So what?

Well, the market preference is stenography.

Court Reporting Industry Outlook 2013-2014 Ducker Worldwide

We know from nonprofits like Protect Your Record Project that attorneys are being told they must accept digital because no stenographer is available even after attorneys order stenographers. So we know there’s some serious false advertising going on.

Previously, I was unsure if there was collusion between major players in the field. Considering that both are using similar language it seems unlikely that both have come independently to the same incorrect conclusion. It’s not like the two firms are enemies. They’ve lobbied together before.

It seems much more likely that following fraudster Jim Cudahy’s lead via the Speech-To-Text Institute, the two companies are involved in a plot to hurt the market and rob consumers of their choice. Quite frankly, Cudahy uses his ex-NCRA credentials to lend credibility to this fraud. After all, STTI has been instrumental in creating the propaganda ruining our field. STTI was, without a doubt, created for the sole purpose of promulgating propaganda and facilitating the ongoing fraud, against its stated mission of representing all modalities in speech-to-text transcription. STTI’s lies are also easy to see through.

Virginia Lawyers Weekly

A gap of 11,000 predicted by 2023 according to a recent study. What study was that? None. The year 2023 doesn’t appear in the Ducker Report. At best, these numbers are extrapolated from an outdated report that could not account for the positive recruitment impact of NCRA A to Z, Project Steno, and Open Stenoinitiatives that Jim Cudahy should have known about in 2019.

Unless you believe 2 + 2 = 24, the stenographer shortage is being exaggerated and exacerbated by Veritext and US Legal Support. And now you have a brief video to help explain it directly to attorneys.

For Digital Court Reporters and Transcribers, Check Out Steno!

If you’re somebody in the United States, United Kingdom, or Canada who’s sold on a career as a digital court reporter, or even if you’re just passing through looking for a new career, I’d like to introduce you to stenographic court reporting in a way that you have not been introduced. Just to get this out of the way, in very general terms, court reporting is taking down the legal record and providing an English transcript for judges, lawyers, litigants, and the public. Stenographic “court reporting,” can also be used to caption live shows and events, or transcribe recorded material when needed. The big difference between “steno” and digital is that digital court reporters record testimony or proceedings, usually on multitrack audio equipment, and take guiding notes as the proceedings go on. The stenographic reporter uses a stenotype to take verbatim notes of what’s being said. In our industry today there are a few big companies aggressively marketing to young people looking for work. Those companies insist that digital court reporting is an opportunity for them. There have even been journalists picking up these misconceptions without realizing they’re being misled. It’s time to dispel those myths, tell you a little bit about who we really are, and get you resources you can use to explore a career as a stenographic court reporter.

We Are Digital!
One of the most interesting claims I’ve seen from digital court reporting proponents in the press is that “this world isn’t digitized.” We’re old-fashioned. The implication is that stenographic court reporting is a dying art with very little time left as a viable career. Every time you see a representation of us in the media, you get a stenotype from 1983! The truth is that we’ve been digital for decades. Most working reporters today roll with a stenotype that is more like a minicomputer than a typewriter. There’s software onboard transcribing the machine shorthand stenography as we go. So that’s a big red flag, right? There’s a CEO making a major statement who’s clearly lying or completely ignorant. Don’t bank your future on the words of people who are lying or wrong. Not only are we technologically advanced, we’re extremely adaptable. When the pandemic struck, court reporters were in a jam for a month or so. The field quickly adopted remote reporting and now reporters are talking about having more work than they can handle right from home. If you like tech, steno is for you.

We Are More Efficient!
I know that this can come off as a loaded or insulting statement, so let me just get this out of the way. There’s nothing wrong with believing that technology improves efficiency. What’s often ignored in this discussion is that stenographic technology is evolving right alongside audio capture tech. There have been trials of automatic speech recognition in stenographic software. There have been leaps in text-to-text prediction and some software even attempts to guess what we meant when we mess up a stenographic stroke. Recording a proceeding generally entails the front-end recording and the back-end transcription. Machine shorthand stenography, on the other hand, loads the transcription on while the proceedings are going on. The most skilled stenographic court reporters can walk away from a proceeding and press print. The more average ones, like me, are able to reduce the transcription time so much that one person can do the entire job. You can also see this in the numbers. The average court reporter types (we call it writes) at 225 words per minute with a 1.4 syllabic density, so probably about 200 words per minute. The average transcriber types at about 100 words per minute. The average person hovers around 50 words per minute. So just by the numbers, you can see that stenographic reporting can get a job done twice as fast, four times as fast, or with far less manpower. Machine shorthand stenography is also much easier on your hands. We have the capability of getting down very large words or large groups of words with one movement of our hands. As an example, it took me over 18,000 hand motions to get this post down on a QWERTY keyboard. It would have taken about 3,000 hand movements on the stenotype that I was too lazy to plug in. If you’re a transcriber, imagine reducing the stress on your hands to a sixth of what it currently is.

We Have More Support!
Some of the court reporting or transcription companies I mentioned before are riding on another misconception regarding our stenographer shortage. About 8 years ago there was an industry outlook and forecast by Ducker Worldwide that told us there would be a higher demand for court reporters than supply. That part is absolutely true. A shortage was forecasted. Some companies were having severe coverage issues. We saw the number of applicants for licenses and civil service jobs plummeting to about half the usual levels. This can lead to the implication that there are not many stenographers left. It’s an easy myth to propagate. How many of us have you seen recently? Unless you’ve been stuck in a lawsuit, been prosecuted, or seen me on TV, you haven’t seen a court reporter. The truth is that we knew the shortage was coming. Many initiatives popped up to begin recruiting stenographers or helping people get into the field. Depending on whose numbers you’re looking at, there are 10,000 to 20,000 of us working. That means that if you have a problem or a question, you have potentially thousands of people around to assist you. You have a nonprofit in almost in every state devoted to stenographic court reporters. Those nonprofits pull in cumulatively millions of dollars a year with the objective of promoting the welfare of stenographic court reporters. To put this into perspective, a popular stenotype manufacturer, Stenograph, recently donated $50,000 to Project Steno. Nobody’s dumping millions of dollars on nonprofits in a career that has no future. Why aren’t some of these “employers” telling you about this vast support network? Because if you join it, you will have sharper skills and better bargaining power.

We Have Options!
There are freelance, part-time, and full-time positions available dependent on where you are and what you’re looking to do with this wonderful skill. Maybe you’re someone who needs to work from home and “just” do transcription — I know a mom just like that. Maybe you love the law and want to see the process of law firsthand. Maybe you want to caption live events over the TV, internet, or in person, via stenographic CART & captioning. Maybe you want to travel internationally and take work around the world. There are even reporters who have taken the general skill of stenotype stenography and applied it to computer programming, such as Stanley Sakai. The limiting factor is how much time you put into hunting down the type of work you want!

We Are Equality!
If you clicked the link for my TV appearance, you saw that stenographic reporters got some really bad news stories run on them because while our certifications are 95 percent, we only scored about 80 percent in a study where some of us were asked to transcribe a specific English dialect sometimes referred to by linguists as African American English (AAE). VICE News filmed me for about two hours. They cut the part where I talked about the pilot studies. In pilot study 1, everyday people were tested and scored 40 percent. In pilot study 2, lawyers were tested and scored 60 percent. In a completely different study, automatic speech recognition was tested. It got white speech right 80 percent of the time. It got black speech right 65 percent of the time. It did worse when it was tested on AAE! What does this mean? It means that young people that want to ensure equality in the courtroom need to join up and become stenographic court reporters. I’m not gloating about 80 percent. But with no special dialect training, we’re the closest to 100 percent understanding on this dialect, and that was ignored by the media. I am proud to be one of the people fighting to bridge that gap and spread awareness on the issue. Beyond that, in the captioning and CART arena, stenographic court reporters are pushing to bring access to people for live programming and in classrooms. So if you choose this wonderful career you are not “doomed” to sit in legal proceedings for the rest of your life, you can also make a career out of taking down what’s being said and bringing it to the screens of millions of people who need that support. If you’re a person that believes that court records should be 100 percent accurate, someone that believes appeals shouldn’t be thwarted by missing court audio, or someone that believes that deaf people deserve real access, and not “autocraptions,” you’re somebody that needs to join up and be part of the team steno solution.

We Are Waiting For You!
Remember that shortage I mentioned and the resources waiting for you? I have an easy list you can use to get a jumpstart, find the right level of training for your financial situation, and get involved with our field. This is not an exhaustive list, so if you find something online that seems better for you, don’t hesitate to give that a chance. To help you understand some jargon in our line of work, “theory” is a method or system of using the stenotype and its letters to take down English, often phonetically. “Speed” is taking everything you learn in theory and learning to do it fast. Speed is by far the longest and hardest part of training. “Briefs” are stenographic outlines or strokes that do not necessarily resemble English words phonetically in theory, but we use them to get down large words fast. “Phrases” are stenographic strokes or outlines that collapse multiple words into one line of letters. Generally you will “learn theory,” then you will start “building speed,” and then you will use briefs and phrases to reach those very high levels of speed that we work at. It is physically possible to write everything out phonetically, but it will be more stressful on your hands.

Try court reporting for free. NCRA A to Z and Project Steno’s Basic Training are both free ways to try out court reporting and learn basic theory at low or no cost. Both are great ways to jump into the field without blowing $2,000 on a student stenotype only to find out you don’t like steno. On the topic of finding stenotypes to practice with, there are vendors such as StenoWorks, Acculaw, Stenograph, Eclipse, and Neutrino. You can also search on eBay for old Stentura models at a discount, but do not go outside eBay’s buyer protection or you will get scammed.

NCRA-approved schools. There are several NCRA-approved schools across the United States and one in Canada. These are worth looking into if you are serious about making court reporting a career because of the quality of the education. Please note that not all NCRA-approved schools are accredited.

Online, self-paced, or programs not approved by NCRA. There are numerous programs for stenographic reporting. There are programs to teach theory like StarTran. There are programs like Simply Steno that focus on building speed after someone has learned the basics of theory, and there are programs like Court Reporting At Home (CRAH). You can also see if the court reporters association of your state has any advice or school listings. All of these things also have a great deal of social media support. There are lots of Facebook groups like Encouraging Court Reporting Students or Studying Court Reporting At Home. There are students and professionals online right now who are there to help with the journey.

Open Steno. I have to put Open Steno in a category by itself because there’s just nothing like it. It is a free, active, and open online community with Google Groups, a free way to learn theory, and its own Discord chat. There are enthusiasts that build stenotype keyboards from scratch. This is the community responsible for Steno Arcade. This is the community responsible for Plover, a free steno-to-English translation software. It was all started by Mirabai Knight, a CART writer in New York. If you’re motivated to teach yourself for free, Open Steno makes it possible in a way that it simply was not a decade ago.

Christopher Day. Chances are high you’re here because you saw an ad on social media. I’ve been a court reporter for almost eleven years. I’ve been funding this blog and keeping it an ad-free experience (with some very appreciated help!) just to help stenographers and people that aspire to be stenographers. I know people that have transitioned from digital (and analogue!) court reporting to stenographic reporting and become real champions of and voices for our field. Every reporter I know is supportive of stenography students and fellow professionals. You’ll rarely hear one of us refer to another one of us as being “low skill.” Compare that to this marketing infographic from Verbit. They said digital solutions do not require a highly-trained workforce. Do you really want to work with people that downplay your work when it’s convenient for them? These folks are setting themselves up to make money off you. I have no such incentive or financial ties. I’m a guy with a squid hat and a blog who fell into this wonderful career by accident, and I’d love for you to be a part of it.

So if you need more guidance, reach out to me at Chris@stenonymous.com. Do yourself the favor of getting involved with stenographic reporting. If sitting there hearing testimony is something you can see yourself doing, you’ve already got a whole lot more in common with us than half the world. Give our profession some consideration. It’s easy to learn, it’s hard to do fast, and though it takes 2 to 4 years of training, it really can be your gateway to an exciting front-row seat to history and a rewarding lifelong career. If that doesn’t sell you, we also have some top-quality memes.

He’s got the hand thing down better than I do.

The Ultimate Guide To Officialship (NY)

This one is for the people whose dream job is officialship or becoming an official court reporter. Just to get some quick links out of the way, there are two major Facebook discussion boards that I’m aware of. There’s the Officialship Job Board and the NCRA Officials group. I’m going to talk primarily about New York State Unified Court System officialship here, so if you’re looking for federal employment, please check out and bookmark the federal judicary jobs page. You’ll likely need your RPR for federal employment. As a matter of fact, if you’re looking for employment in New York City generally, you should check out one of my very first posts, Get A Real Job. Just keep in mind that if your dream job is Southern District NY, you’re going to need Eclipse last time I checked.

I’ll be writing most of this from memory, so feel free to correct me if I am factually wrong anywhere. This is not, in any way, a “guide” that is endorsed or published by the New York State Unified Court System (NYSUCS). I am not writing as an employee of NYSUCS. This is me as an individual just retelling my hiring experience in “guide format.” If you get a job with NYSUCS, you listen to your boss or your union over anything you might read or interpret here. If you’re looking for official information about NYSUCS, you should go to the site and ask that question through official channels.

The Tests, Classifications, and Eligible Lists:

Before we go anywhere, let’s just address how you get a court job. There are rarely per diem assignments available. These are court reporters that are hired and paid per day to come in and take the record. Per diems are rarely sought as of writing. Then there are what we refer to as provisional postings and then there are permanent positions. Provisional postings go up whenever there is a spot that needs to be filled and can be found by going to NY courts current opportunities. You can also search for “NY courts careers.” Civil service examinations are posted at “NY courts exams.” Reporters that apply for a provisional position usually must pass an in-house test. The court system may waive the provisional test for NYSCRA or NCRA certified court reporters. Reporters looking for a permanent appointment must pass the civil service test. That test is never waived. By law, civil service tests must be given every one to four years. Provisional employees can be considered temporary in your mind. If a civil service test is given and a provisional employee does not pass it, they may be let go. Provisional appointment should not be underestimated though, since an employee begins to accrue vacation time, sick time, time in the title for raises, and pension time. Many reporters begin their career by obtaining provisional employment and then passing the civil service exam to become permanent employees.

There is a separate civil service test for court reporters and senior court reporters, but they are substantially similar. “The test” consists of a multiple choice written knowledge portion and a skills portion. The written knowledge portion focuses on grammar, spelling, and technical knowledge. The skills test consists of an opening statement, a jury charge, and a four-voice dictation. The dictation is in the ballpark of 200 WPM. Two of the skills tests are transcribed and one is read back from the court reporter’s notes into a tape recorder. The readback portion is only graded for accuracy and not for inflection. If a reporter misreads their notes and corrects that misreading, the error is not counted against them. There is a readback time limit. Generally, court reporters have been expected to bring their own printers, stenotypes, pencils, and other equipment to the testing site. There has been discussion within the system about the possibility of online testing, but no civil service test has been given in that manner as of today. There are two eligible lists created when the civil service examination is graded. One list is a promotional list and one list is an open-competitive list. The promotional list is for anyone that held a court title prior to taking the test. The open-competitive list is for people who are not in the system that take the test. Everyone on the promotional list is scored above everyone on the open-competitive list. For example, let’s say that Mary Sue is a freelancer and scores a 100 on the open-competitive list for the senior court reporter title. John Doe is a court reporter working for the New York State Unified Court System and scores a 96 on the promotional list for the senior court reporter title. John Doe will be considered for a position as a senior court reporter before Mary Sue. When someone accepts a job with the New York State Unified Court System, typically they complete one year of probation. It is easier for the employer to discharge an employee during probation. In addition to provisional and permanent appointments, there are also contingent permanent appointments. Succinctly, every employee in the court system is a “line.” Sometimes there are situations where someone permanent is sick, injured, or not present. Contingent permanent people fill their line until the permanent employee returns, if they return. The most important thing to remember about the civil service examination is that when it is posted there is an orientation guide and accompanying materials posted to the exams page. Test takers must read and follow the orientation guide. Failure to follow the guide can result in an applicant’s disqualification.

Once you’re on the list, you get a preference letter asking you what courts you’re willing to work in. When I got that letter, my brilliant plan was to say I was willing to work in any court and then turn down canvass letters as needed. If you turn down canvass letters, you must make sure that you respond to the canvass letters and remain active on the eligible list. If you get put on inactive status on an eligible list, you can get skipped over for future canvass letters. In summary, fully read every official material you receive.

The Titles and Courts:

With the hard part out of the way, let’s talk titles. there are two major titles in the New York State Unified Court System. There are court reporters and there are senior court reporters. Senior court reporters typically cover Supreme Court. Court reporters typically cover what we refer to colloquially as “lower courts.” In the “lower courts,” of New York City most courthouses are supervised by a court reporter in charge or “CRIC.” These CRICs coordinate with a supervising court reporter and/or chief clerk when necessary. I am informed that in many courthouses, the CRIC title is obsolete and has been replaced with “county supervising court reporter.” The county supervising court reporters report to a “citywide supervising court reporter.” In Supreme Court, the courthouses are overseen by principal court reporters. The principal court reporters coordinate with chief clerks when necessary. Court jobs are all ranked with a judicial grade (JG) number, and that number links to your pay. Court reporters are JG-24. Senior court reporters are JG-27. The Supreme Court of the State of New York is our state’s highest trial court. It deals with the adjudication of felony criminal cases and civil cases with damages over $25,000. Then there are the “lower” courts. In New York City, we have criminal courts that handle criminal arraignments, violations, and misdemeanors. We have civil courts that handle cases under $25,001 in damage. We have family courts where people can file petitions for family matters, including the issuance of orders of protection. A court structure chart is also available. Do not be fooled by the terminology “lower courts.” All of the matters where court reporters and senior court reporters are assigned are extremely important, as are both titles.

The Unions:

In New York City, if you work in the “lower courts,” or grand jury, you are represented in the Local 1070 union. If you work in the Supreme Court, you are represented by ASSCR. Local 1070 is comprised of a number of different titles. Every title has its own chapter leadership, and the chapter leadership works with the main leadership to solve problems. In Local 1070, the chapter leaders generally perform union steward duties when directed by the president or vice president, or whenever necessary. In ASSCR, there are the officers and the executive committee. The officers can be thought of as the decision-making body of the union and the ones who carry out any union-steward-type duties. The executive committee typically assists the officers by keeping apprised of union news. The way one runs for a union office is decided by the organization’s constitution and bylaws. For example, in ASSCR, a nominating committee is formed and nominates a slate. If someone that wants to run is not nominated by the nominating committee, then they have to follow the constitution and bylaws. Generally court reporters and senior court reporters that do not work in New York City are represented by CSEA, a massive conglomerate of titles, workers, and workplaces. My experience with and knowledge of CSEA is too limited to write about its organizational structure. The most important thing to understand about a union is that it negotiates your employment contract for you. If there is something you want in your workplace, you need to let union leadership know. Employment contracts cover a vast number of topics including vacation time, sick time, disciplinary procedures, grievance procedures, employee standards and employer obligations. Raises, increments, and longevity pay are all things that are addressed through your union as well. There are two more important things about union membership. First, your union has a duty to represent every member equally. Second, you generally cannot refuse lawful orders unless compliance would lead to imminent life-threatening danger. Insubordination can cause you disciplinary problems up to and including termination. If you are being questioned by a supervisor, you have Weingarten Rights. You have the right to have a union representative present if a conversation with your employer can adversely impact your employment or working conditions in any way. The employer usually has zero obligation to inform you of these rights, and you must assert them.

The Job:

A lot of stuff is on-the-job training. There are a lot of court-specific quirks that wouldn’t make sense to go into, such as night court and sealed criminal matters. Your first day on the job, you want to ask for common briefs and terms. In addition to our salary, when judges, lawyers, litigants, or members of the public ask for matters to be transcribed, we get transcript money as laid out in Part 108. Those terms, as far as I know, have been the same since 1999, so it’s a real lesson in the value of court reporters. A lot of transcription service firms jack up their rates every few years. By contrast, court reporters are consistent and reliable. We are responsible for maintaining equipment to take down our notes and produce and bind transcripts. We’re talking about a printer, ink, paper, computer, cables, stenotype, and transcript covers. Personally I am a big fan of pre-punched three-hole paper and A6 transcript covers. The drawback to using A6 covers is that you require different covers for differently-sized transcripts. Reporters that use standard transcript covers and separate fasteners do not have this problem.

There are a few things that are universally frowned on or just plain illegal. Stealing time? Bad. Stealing supplies? Bad. Being habitually late? Bad. Be on time and ready to work. Remember when switching over from freelance to employment that you have a boss now. If you have doubts about something, you should ask your boss for guidance. Coworkers can also be a big help. You’re an employee, and you are now covered by all of the employee rights laws, including the New York State Human Rights Law, the Civil Rights Act of 1964’s Title VII, Workers Compensation, and unemployment, et cetera. The most important thing about the job is not to take advice from some guy’s blog if it’s different from your court rules or boss’s instructions.

Interested in a career in the courts? Check out this NY Courts publication.

This concludes the “guide” portion of this post. If you’re interested in a really weird story about why I wrote this post, keep reading. If you don’t really care, feel free to stop reading.

The History of this Post:

Over the last few years I’ve had lots of people write me about various topics. Usually it’s well-meaning or polite people who have a grammar suggestion, topic suggestion, or information. I love those people. I even love the people who come on my blog and disagree with me. Separate from those people, starting maybe two or three years ago, someone sent me about 48 e-mails through an anonymous proxy. The e-mails were usually nonsensical, poorly written, or tried to turn me against other reporters. Sometimes they masqueraded as helpful advice or a hint at a story that didn’t exist. When the e-mail campaign failed to turn me against my best allies, this person began to infiltrate our Facebook groups under the fake name Jared Leno. Jared Leno proceeded to write rude comments to agencies that would come on our job boards to post jobs. At that point, I called him or her out on what they were doing and I alerted Facebook admins of groups where I was a member so that Jared could no longer use that fake identity to harass court reporters. Jared did what all bullies do when they lose, “he” whined and cried.

Jared/Anonymous then turned to Reddit. As some people know, we have the r/stenography subreddit, the r/courtreporting subreddit, and the r/courtreporters subreddit. The admins of r/stenography and r/courtreporting appear to be either absent or squatting, and at one point we had frequent posts from our Mystery Messenger (MM). One intrepid reporter started r/courtreporters so that we could have a space with an active admin, and we began to report the MM for harassment. “They” constantly create new accounts so that they can spread disinformation, avoid bans, and make comments about my blog. One of their favorite “jabs” is that I am an official and I write about freelance often. There are two main strategies when you’re dealing with trolls. The first is to ignore it. Sometimes this works. If someone is doing something to annoy you, and you don’t show that you’re annoyed, sometimes they go away. The problem we face here is that there are people that are going to Reddit to ask legitimate questions about our field. So if we just leave these boards a confusing, spammy mess, we’re going to leave the impression that this is a dead field or that we’re all lunatics spouting nonsensical drivel. Strategy two? Drown the spammy posts out with reality. So if you’re on Reddit, definitely subscribe to those channels. They’re a great way to get information out to the public. If you’re not on Reddit, it’s free, it’s generally anonymous, and it can be fun.

It’s been an interesting relationship. At first I believed that MM was a court reporter in pain. I tried many times to reach out and help. As time went on, I saw that it was much more likely to be someone who hates steno and someone whose IQ is high enough to use the internet but low enough that they have nothing better to do with their life than to get my blog clicks. Maybe it’s Steve Hubbard or Justin “Mr. Stenoless” Higgins. Who knows? All I know is MM is a great case study in being your own worst enemy. Their tirades have helped my blog grow its readership by almost 400% 2018 to 2019 and an additional 40% 2019 to 2020. Without MM’s unassailable genius I never could’ve come up with the work of art that is this blog post. If I could make one plea to MM, please do not find anything better to do with your time than follow me across the internet. Without your 1/31/21 post and unending struggle to get my attention, today would not have happened. Thank you for these wonderful years of service.

It was a tough decision on whether to publish this story. Some in my circle believe that talking about an anonymous “agitator” gives them more power. But perhaps knowing that this situation exists will help others identify MM by their inarticulate, artless writing as they continue to impersonate court reporters and spam court reporting groups. Perhaps others who have been e-mailed anonymously by this person will be able to identify that there is malicious intent there sooner than I was able to. I know at least one other person that received communications from MM. There’s bound to be more, right?

You literally asked for this. LOL. How about that?
Now all of this information will be easier for court reporters to find.

Can Freelancers Apply For Workers Compensation Benefits? (NY)

There are a lot of professionals in this field who will laugh at the notion that freelancers can be entitled to employee benefits. “Of course we’re not eligible for Workers Compensation! We’re independent contractors!” The idea does seem as preposterous and fanciful as a soul-devouring stenotype.

Souls purchased separately.

To give a brief overview, in New York, to avoid clogging the court system with employee accident cases, Workers Compensation coverage allows employees injured on the job to apply for benefits to cover their medical expenses and/or wages. To many, this would be where the discussion ends. If you’re not an employee, you can’t get benefits. But when we look into exactly what constitutes an employee, and the way this actually works, we find that the answer is more likely “it depends.” Administrative and judicial judges will look at several factors to determine whether someone is an “employee” or an “independent contractor” under the law, and how the “hiring entity” and the “hired entity” classify the relationship is not a major factor listed on their website.

  1. The right to control. Does the hiring entity or employer control the manner in which the work is done? In stenographic freelance circles, and particularly in New York, this can be a mixed bag. They might ask you to use a specific layout, arrive at a specific time, or even bring snacks to a depo. There are varying degrees of control, and if your agency is exercising a lot of control over you, you just might be an employee.
Text from the WCB site.

2. Character of work. If the primary work performed by the hiring entity is performed by the hired entity, that means the hired entity is an employee. Again, this is something you can probably argue both ways in stenographic circles. You can easily make the claim that court reporting agencies are in the business of providing court reporting services and therefore we should be employees. You can also make the argument that court reporting corporations are not in the business of court reporting, but rather acquiring court reporting professionals for lawyers. Just to note, US Legal tried that in an Unfair Competition case in California during the Holly Moose case. It argued that it was not a shorthand reporting corporation. Justice Elia rejected that, stating “such circular reasoning reasoning to evade…” [this state’s laws] “…is, at a minimum, unpersuasive.” Who can say what a judge in New York might say when applying the facts of a case to New York law?

Text from the WCB site.

3. Method of payment. The important bit here is that whether you receive a 1099 or W2 does not matter in determining an employee/employer relationship. Whether you receive regular payments or whether you are paid for a task as a whole is a deciding factor. Again, it can easily be argued either way dependent on the facts of a freelancer’s “employment,” are they taking jobs regularly and getting regular payments? Are they hired for a one-off assignment?

Text from the WCB site.

4. Furnishing equipment. The vast majority of us maintain our own equipment, and if a workers comp claim were ever made against an agency, I imagine the first thing they would do is bring out that fact. But there are other things to consider. Does the agency supply you with business cards or other materials that you’re supposed to hand out? Some do, some don’t, and that makes this a factor worth considering.

Text from WCB.

5. Right to hire/fire. This relates to the right to hire and fire who’s doing the work. For example, when an agency contracts you, a true independent contractor would have full authority to contract that out to someone else. In my time freelancing, I saw worksheets that forbade such behavior. Ultimately, the right to hire and fire is dominated by the agencies, and this makes a good case, on this factor, for reporters as employees.

Text from WCB.

6. Postmates Decision. Court reporters were doing the gig economy before it was popular. Now many states are grappling with how to treat these cases where someone may be called an independent contractor but meets all the definitions of a common law employee. In New York, we had the Postmates decision. That looked at several of these factors including the character of the work, right to control, and the method of payment. Another thing looked at was who controlled the customer and whether the independent contractor was able to go out and build his own customer base. This is something that court reporters are split on. Many of us have our own clients and many of us work exclusively through agencies. The Postmates decision gives us a look at how administrative judges and appellate courts might look at these kinds of issues in New York. If you don’t have any control or interaction with the client beyond the work you’re doing, a court could look at that and say “employee.”

Taking in all the factors above, as intelligent people not trained in law, we can see how we might argue it both ways. We can see that it’s very clear that the law doesn’t care much how the employer and employee classify the relationship. We can see what’s happened in this state and other states, and we can come to an interesting conclusion. Can freelancers claim Workers Comp benefits? It depends. Can the claimant show that they meet the definitions of a common law employee? I can’t answer that for you. But I can say that if you’re someone who’s injured on the job and meets these eligibility factors, it may just be worth consulting an attorney to give you real advice on your specific situation and the facts of your specific case. Independent contractors, on the other hand, generally may, but are not required to, purchase Workers Compensation insurance. This can be done to guard against medical bills or fulfill the terms of a contract.

Finally, as someone who briefly owned a corporation, I can tell agency owners to make sure you have a rider or option on your Workers Compensation insurance that covers you if an independent contractor claims they’re an employee. You don’t want to end up in a situation where you have a misclassified employee without coverage. It can constitute a crime to fail to follow our Workers Comp law. You can try searching other reporting firms and see what insurer they use. You can also engage with NYSIF to see if they offer a better rate than your current provider. Whatever you do, just be aware that this is a possibility, and the more your freelancers fit into those eligibility factors, the more this could end up a problem for you. I don’t want a problem for you. Chances are good an injured reporter doesn’t want a problem for you. But if somebody’s hurt, can’t work, and the medical bills are piling up, chances are good they’re going to take whatever avenue they’ve got to take to survive. The least we can do is keep this open for discussion.

GGU Presentation & Why You Matter

I may not be on the west coast, but I know some fantastic west coast reporters.

I was invited by Ana Fatima Costa to participate in Golden Gate University’s Court Reporter Tips Every Lawyer Needs To Make The BEST Record. Ana has dedicated a great deal of time to presentations, coaching students, running internship programs. As reporters, we sometimes struggle to make connections with the bench and/or bar. Ana’s great at making those connections and definitely one of the people you want to talk to if you’re interested in bridging the gap between reporters and the bar.

We spent an hour introducing young attorneys and some reporters to core concepts such as speaking one at a time, requiring a stenographic reporter, and how providing case-specific information can assist a reporter in producing their record. Luckily for me, nearly all the heavy lifting was done by the three other panelists and experts in our field, Ana Fatima Costa, Phyllis Craver Lykken, and Leesa Durrant. Ana whipped up great presentation slides and held the whole presentation down. Phyllis talked to them a little bit about realtime conceptually. Leesa drove it all home with a realtime demonstration. It was a fantastic thing for me to be a part of, and I’m grateful I was invited to be a part of it. I’m also grateful to Professor Rachel Brockl and her team, who worked with Ana to make the event a reality. For anyone who’s curious, at some point it should be up on GGU’s Youtube.

My real takeaway is that there is so much potential for our little field to make a big impact on how we are viewed not only by the public, but also by courts, judges, and lawyers. There are thousands of reporters, which means any reporter taking just a few hours of their time per year to make a speech or presentation has incredible cumulative value. The people that we work with every day are the people who wrote to us after this presentation and said “this information really helped me understand how to help court reporters do their job.” Imagine four professionals getting to sit on camera and talk about what we know and love. You can probably imagine yourself doing it, and I hope that writing about this inspires folks to stand up and say “I can do that!” We need you. I need you so that I can stop doing presentations and go back to blogging about your presentations. And if you’re not ready, that’s okay too. But I say seek us out. Seek out any of the court reporters that put out content regularly. We want to help. We want others to meet their potential and develop skills beyond our wonderful skill of reporting.

Addendum:

The presentation may now be viewed here. The first five minutes went unrecorded due to a technical glitch.

Copyright and Stenography

I created a masterpiece about a week ago. On the left, a very horrifying creature that took about three minutes to create and was instantly copyrighted upon creation. If you took my creation and slapped it on a mug and started selling it, I could probably successfully sue you. On the right, a file snapshot of years worth of transcript work, which could be freely copied by anyone any time, at least ostensibly, as any court that decides this issue seems to decide that transcripts are not expressive work protected under copyright. Sam Glover also wrote about this years ago, but seems to have purged it from his blog. Some courts, like the one in Urban Pacific Equities et al v The Superior Court of Los Angeles County (59 Cal. App. 4th 688, 69 Cal. Rptr. 2d 635), have taken the step of ruling that the transcript does not have to be turned over under a business record subpoena because it is a product of business and not a business record, but this does not necessarily prevent it from being copied if counsel obtains it another way.

Here in New York, we do have guaranteed payment of an original via our General Business Law 399-cc (Transcripts and stenographic services). In that way, I feel the state and legislature has already partially acknowledged the hard work that we do. But it’s no secret that court reporter businesses, for whatever reason, have chosen to make originals cheap, and make their businesses more or less dependent on these copy sales. It’s often reported in social media circles that attorneys at a deposition will openly and in front of the stenographic reporter offer to copy and give the transcript to counsel that would otherwise have to order the transcript from the reporter. Why not? As best anyone can tell, it’s legal! There’s also a darker side to this. If you do not have a clear agreement with your agency stating otherwise, they can probably also legally copy your work and not tell you about it. Again, why not? It’s legal!

The question arises, what do we do about this? Many ideas have been floated over the years. Some say we should change our model to reflect the lost copy sales and consider charging in a different way, like hourly, per diem, or a higher original. Personally, I believe it would not be unfair to create a body of law protecting stenographers’ rights to their work. Transcribers would probably be equally in favor, and it would certainly slow the rate of copying if it were explicitly not legal.

Many ideas have been floated in this regard, including putting it under theft of services. I don’t think anyone supports throwing attorneys in jail over this. That’s unreasonable to me. But I do think it’s fair to create a civil penalty for the copying of transcribed work. Virtually everything else is protected via patents, copyright, or intellectual property laws, and it seems weirdly unfair to have a class of people whose work is wholly unprotected.

I would propose language to the effect of “No person or business entity shall copy, reproduce, publish, or dispose of to another a copy of the transcript of any matter transcribed or stenographically reported. A person or business entity that violates this must pay a copy sale to the stenographer or transcriber that created the original transcript. Such copy sale price shall not exceed the mean average of the stenographer or transcriber’s copy sales for the twelve months preceding the copying, reproduction, publishing, or disposal.”

Now, if we were to propose such law, there’s a strong possibility we would have to make some concessions. Let’s be fair, many of these matters are matters of public domain and importance. I would propose a few important carve outs, such as, “nothing in this law shall be construed to abridge the right of any person to critique, cite, discuss, parody, or utilize a transcript’s content in any expressive matter.” This punches a bit of a hole in the law, but look at fair use in copyright law, and you’ll get what I’m trying to do. Also, “nothing in this law shall prohibit any person from preparing or having prepared by another their own transcript of the same proceeding or matter.”

There are some bigger issues we’d have to deal with. Would this law exclusively cover private transcribers / stenographers and not public employees? That’s a fantastic question. As a stenographer, I’m sure everyone knows where I stand, but as someone who reads a good amount of law, I understand that government work simply works out that way sometimes. I think if we’re serious about a New York City, New York State, or even someday federal law on this, it’s entirely doable. I think the important thing is prohibiting copying while allowing “fair use” type cases that don’t prohibit freedom of speech and expression. Notably, we could always go the way of this proposed Florida rule, which states plainly, “subdivision (g) requires a party to obtain a copy of the deposition from the court reporter unless the court orders otherwise…”

As always, discuss away or email me! It’s always fascinating to see what others have researched. Hopefully, if ever it becomes a serious discussion by our lawmakers, they’ll also get a chance to consult with authorities in our field like NYSCRA, NCRA, or even ASSCR.

January 2020, Just Apply!

Courtesy of the links I’ve got up at Get A Real Job, here’s what we’ve got posted around the Internet at the start of the new year. Freelancers can check the bottom for some ideas. Just before we roll into that, remember that NYSCRA has a free mentoring program, and people can use NCRA’s Sourcebook for unconventional moves like finding a mentor. If you’re a student or a new reporter feeling kind of lost, you don’t have to go it alone, reach out. Even people five years on the job have said “wow, sometimes I feel like I need a mentor!”

But you’re not here for that. You’re here for the jobs, dammit. Perhaps unsurprisingly, this month we have the Bronx grand jury job still posted. That’s a Reporter / Stenographer title as a City of New York employee. Side note, the Queens DA site is down so I have no idea if they’re hiring. I guess I’ll have to snail mail them. More side notes, the DCAS Reporter Stenographer application scheduled in November has been postponed, and there does not seem to be a date for it on this DCAS schedule, up to April 2020.

There’s no civil service exam out for NYSUCS Court Reporters because they just had the last test in Summer 2019. They generally hold the test every 1 to 4 years though, so keep an eye out. Even though the civil service exam is probably a little way off, Court Reporter provisional applications are being accepted continuously statewide according to the website.

In the least predictable move ever made, we move on to federal jobs. There are three Southern District postings in New York, including part time and full time work. Whether that means they need three people or one really good one, go for it! There are also a number of federal positions all around the country. Maryland, Oklahoma, Texas, West Virginia, Massachusetts, Arkansas, Utah, Tennessee, North Carolina, Washington, Washington, D.C., and Florida. Remember what happens when they can’t get good stenographers in those positions. They settle for less. Spread these jobs around, don’t be shy.

From the freelance angle it is troubling to me that for years I rarely saw agencies advertise looking for steno reporters and yet I see many postings continue to pop up for digital reporters now. It is not inappropriate for stenographers to take this for what it is, a sign that securing private clients may be a way forward to secure future work, especially if our trade and methodology is not going to be front and center of these old businesses. Take the leap, file with NYS, get yourself on the vendor list of NYC VENDEX or NYS procurement, get on the insurance companies’ procurement lists. Navigating the business world is not an easy thing, but it is entirely possible for anyone that sits down and starts familiarizing themselves with how people buy and sell services and where to find people that buy what we do. Pricing is another monster to tackle. Depending on the contract, people might bid super low original prices just to get copies locked in. Some contracts don’t really have many copies so a high original is necessary. There’s no manual I know of, it’s all straight experience and getting yourself situated as a player in this game, not a pawn.

Let’s win it together in 2020!

October Occupations 2019

Before we get into this post I just want to say I updated the old Get A Job post to include the exams page of NYSUCS. I still say that every jobseeker in New York should be checking the pages linked there every 15 to 30 days to be safe. Share findings. Be committed to keeping everyone up to date. If everyone is talking about where the work is, nobody’s left in the dark.

Even though this page launches October 1, postings are only current as of September 30.

DANY is still hiring for their grand jury reporter position. It’s a great job. Definitely give it a shot.

Special Narcotics Prosecutor, as I recall, had a posting for one grand jury reporter. Now there’s a posting for two. I say that if you haven’t applied yet, it’s your lucky day, go for it.

The state court system is still accepting applications for the provisional court reporter job. If you didn’t take the test, it still might make sense to apply. If they didn’t get enough passes on the civil service exam, they’re going to need you.

Southern District, that’s federal court, is still looking for a reporter. Don’t let this great opportunity go to waste if you’ve got the certifications or skill necessary to work with SDNY.

There are over ten vacancies federally all around the country. If New York’s not where your heart is, no big deal, but you’re not allowed to leave (joke).

Plaza continues to keep a posting for court reporting and English instructors.

New Jersey has apparently started hiring for the first time in a long time. I had posted this on Facebook but not on Stenonymous. Hopefully the government has realized the inherent value of having someone personally responsible for making the record.

Freelancers, I know that there’s often not a lot of postings on here with regard to work for you. I will work on something that might help there. Until then, you’re free to check out my recent post on historic data and inflation, as it impacts every dollar we make every day we breathe. I have been getting emails from Magna claiming over $100 in bonus fees. Now that I think about it, this probably gives you a clue what’s actually being charged for appearance fees, and a peak into the law of supply and demand. You’re in demand. Your skills are in demand. Act accordingly, do great work, and make a great record.

Fun fact. In the editor this post has no bullet points. In the preview it does. Which version will everyone see? That is the question. If you’ve ever wondered why some posts seem to have bizarre formatting, I blame computers.

Shortage Solutions 10: Contract or Employment

Can you believe this blog has covered 10 ideas for addressing the shortage? Time flies. Having given the whole court reporting shortage issue some more brainstorming, it’s worth bringing up for discussion the solutions that will follow. As always, happy to have comment on this issue. First, contractual agreements. In the field today, many reporters work under a verbal agreement, or a very informal email or rate sheet agreement. Even in places where independent contractors are required to have contracts, much of the business is contracted verbally or less formally.

Anecdotally, there’s something respectable about putting things in writing. People are more likely to live up to their word when there are clear terms of engagement. Need a freelancer to be on call to cover? Get it in writing. Throw them a little consideration (money) for their availability. Create easy-to-understand terms and expectations on availability. Create fair and realistic penalties for breach of contract on either side, or remedial terms that both sides can live with.

That lets me move on to another thought process. There is nothing in US law, to my knowledge, that prohibits a company from hiring employees and paying them a per-page commission or per diem rate. Pretty much no reporter makes less than minimum wage, so compliance with minimum wage laws is trivial. What is stopping a company from shifting its workforce from 1099 reporters to employees? Nothing. Nothing but a different set of paperwork and some accounting changes. Compliance with workers compensation laws may need a little creative insuring to allow reporters to transcribe from home if they choose to give employees that option. But this does not seem like an impossibility, merely a challenge for the entrepreneurial to overcome.

Why these solutions? Frankly, one of the issues with shortage boils down to the inconsistency of freelance reporting. If reporting firms nail down some availability, via employment contract or independently-contracted agreement, they can have a more realistic idea of how many reporters they have versus how many they need. Businesses survive and thrive off of mastering their staffing needs. Reporting businesses will be no different, and in the end will rise and fall based on their ability to meet demand. In this case, the demand being the service that so many stenographic reporters are ready, willing, and able to provide.

Recording Grand Jury (NY)

So I’ve been following the facts on a series of cases picked up by the Batavian and Daily News. The very short story, with some extrapolation, is that a grand jury stenographer contracted by the district attorney was apparently using the AudioSync feature in our modern stenotypes. This caused the defense attorneys to seek dismissals of the indictments. As best I can tell, and after writing Batavian author Howard Owens and one of the attorneys, who had stated it was a Judiciary Law misdemeanor, I pieced together the following with regard to grand jury recording law in New York:

Criminal Procedure Law 190.25(4) makes it very clear that grand jury proceedings are secret. Judiciary Law 325 gets into how it shall be lawful for a stenographer to take grand jury proceedings, and doesn’t explicitly allow audio recording. Penal Law 215.70 talks about unlawful disclosure and lists the crime as a class E felony. Finally, Penal Law 110 tells us an attempted E felony becomes an A misdemeanor.

What can we further infer from all that? Well, as best I can tell, the indictments are only dismissed if it’s shown that the recording altered the testimony or proceedings in some way, and the defense is given the burden of proving that. As of writing, no indictment has been dismissed because of recording. That said, this opens up a serious concern for grand jury stenographers across New York. Recording the grand jury proceedings may be construed as attempted unlawful disclosure, and thanks to Judiciary Law 325, it may be difficult or impossible to argue that such recording is in the course of your lawful duties. Like Frank Housh in the video linked above, I was shocked that we could work in this industry for years and not ever be told the law surrounding that. Admittedly, I was a grand jury stenographer in New York City for months, and while I understood that not recording was a condition of my employment, I did not know that recording could theoretically give rise to a criminal prosecution. It is up to us to keep ourselves and each other informed, and now we know. This is not a joke, and you could go to jail for up to one year and have a criminal record for up to ten years on an A misdemeanor.

That caution stated, as of writing, there has been no prosecution of any grand jury stenographer for that specific reason, so it seems that the district attorneys or assistant district attorneys involved in these cases disagree with defense’s contention that this rises to the level of a misdemeanor. It also appears that recording of the proceedings does not automatically invalidate indictments.

The court rules Part 29 and Part 131 did not come up in my correspondence with anyone involved in this matter, but they are tangentially related and may be worth a review. And remember, nothing written here pertains to federal grand jury proceedings. We are talking strictly the New York State courts.

Any future updates to this matter will be posted right here.