Naegeli Threatens Legal Filing Against Stenonymous

I had a lot of fun writing the Naegeli article. When I was done with it, I let them know it was live.

In my defense, it was 7:30 EST.

Naegeli apparently doesn’t agree with what I’ve written. Richard Teraci told me the company’s attorneys would be filing suit against me if it is not removed by Monday, November 22, 2021 at 9 PST. My response can be read below. I also accidentally BCC’d a number of news organizations and field contacts so that if Naegeli fails to take legal action everyone sees it’s a barking dog with no teeth.

“Can’t wait. Supreme Court, Richmond County, New York State.” — Christopher Day 11/19/21 writing to Naegeli USA.

Unfortunately, Richard didn’t appear to appreciate my response much.

“You are not to contact me ever again. All communication from this point forward will be through our attorneys.” — Richard Teraci, Naegeli USA

Some companies seek to keep court reporters silent. Fear is a tool used to maintain silence. Either the company will fail to sue me and show you all there is nothing to be afraid of, or they will sue, lose, and show you all there is nothing to be afraid of. Either way, reporters across the nation will get to see this for what it is, a baseless attack on our right to free speech. More as this story develops.

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U.S. Legal Support Charged the Equivalent of $4.90 on a Copy Sale in CA

Thanks to my amazing network of sources, I got my hands on another document that gives us a more complete picture of what attorneys are dealing with.

In brief, US Legal wanted $550 for a 112-page transcript copy. That boils down to the equivalent of $4.90 a page. The lawyer wanted to pay $0.25. The court more or less split the baby and said $2.50 was reasonable.

Three major highlights: Herein it talks about US Legal charging for things the attorney did not explicitly order. I cannot think of anything that would support my contention that the company has an honesty problem more. But since over a thousand people have liked my Tweet about Giammanco, I guess that’s old news.

But more than that, reporters making less than $2.50 on a copy should realize that a court just came to a conclusion that $2.50 is reasonable. Guess what New York companies have been paying reporters for the last decade? About 25 cents. Hey, New York, it’s time for a raise. Even our court copy rate of $1.00 falls well short of what California calls reasonable. This isn’t greed, it’s basic math and economics.

But more than that, we now have good evidence of the cost shifting I wrote about. By undercharging original clients and inflating copy costs, the larger companies in my field are overcomplicating the market. Add that to the despicable lies of Veritext and US Legal, and you have a pretty compelling reason to never do business with either.

And in its own defense, US Legal wanted to make the argument that all the court reporting companies charge inflated prices, an argument which was, thankfully, flatly rejected.

They’re not alone though. I’ve reviewed documents showing Naegeli attempted to charge about $11.50 a page on a copy sale in Washington State. But that story is for another day. In the meantime, court reporters, remember that your worth is what you are able to negotiate. It is not tied to what anyone dictates to you. Don’t believe me? There are plenty of other role models to look at.

Though not too many of them are fighting for you the way you could.

PS. For anyone feeling a little lost, court reporters tend to charge by the page. Original transcripts tend to be more than copies of that same original. Depending on the market, we are about 30 years behind inflation. So while systematically underpaying court reporters, companies like USL are actually charging ridiculous amounts to satisfy their bloated management overhead. Because we stenographers are a heavy ethics culture and fairly connected to each other, the companies have an interest in breaking us and replacing us with digital reporters despite evidence that utilization of digital reporting disproportionately impacts minority speakers.

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.

John Belcher on Winning Depositions

Spreading through social media is a clip from John Belcher. He talks about how he got his dream job as a prosecutor, which allowed him to be in court almost every day and work with court reporters and other court staff. He talks about all the things that court reporters hope attorneys talk about. Some key takeaways?

  1. Don’t do something you wouldn’t do in front of the judge. They read the transcripts.
  2. Don’t step on the witness. Count to four before starting the next question or answer.
  3. Speak a little slower. He suggests 70% speed.
  4. Don’t disrespect opposing counsel, the witness, the court reporter, or other attendees.
  5. Be careful about side discussions that take away or distract from the proceeding.
  6. Adding fillers at the beginning of questions like “okay” or “perfect” may create bad habits for trial questioning.
  7. Preparation is key. Expecting the court reporter to put up your exhibits for you may burn valuable time.

Don’t take it from me, check out his video on LinkedIn today! You can also see his YouTube here.

MGR Interviewed on the Treatment of Reporters

This month I had a chance to sit down with Marc Russo of MGR Reporting. Marc’s a working reporter and business owner. We got to hit a lot of topics in this video, including Marc’s history in the field, how reporter skill relates to reporter treatment, and how scheduling ahead can help reporting firms fill their clients’ needs.

Using Marc’s words, it’s about treating reporters like people instead of numbers.

Don’t take my word for it, check out the interview here!