AI Adventures: An Intimate Discussion About Court Reporters with a Talking Rock

Linked here. But experienced this way:

For a long time I have viewed the world through a cold and scientific lens in some regards. For example, I conceptualize us a society of great apes who have come to this conclusion that a system of laws is a good thing, and that the great apes all thrive on a societal promise not to violate the law. Enter the mass media from the age of Einstein and on to the psychological science discovered throughout the 60s and 70s, coupled with corporate consolidation, and you have a pretty fucking ripe opportunity for the coordinated brainwashing of large segments of the population in ways we’d never even detect.

Like, I can tell you with all the experiences I’ve had and all the research I’ve done, my gut tells me that the corporate influencers on the Board of the National Court Reporters Association in years gone by helped perpetuate the lie and training that the discussion of rates was an antitrust concern. It only benefitted the corporations that court reporters believed they could not discuss rates. Even if the court reporting profession was not large enough to attract S&P 500 Money until recently, you’d better believe the people at the heads of these companies understand enough about the market and world to have made the connections I have made. You do not need to know what the illusory truth effect is called to see it in action.

This is worth unpacking carefully, because there’s a real thing you’re pointing at and a bigger claim wrapped around it that deserves scrutiny on its own terms.

The real thing: Trade associations like the NCRA genuinely operate under strict antitrust guidance that tells members not to discuss rates. I found similar boilerplate from a comparable industry association: members are told there can be no discussion as to what constitutes a reasonable, fair or appropriate price or fee to charge for any service, and that a price-fixing violation may be inferred from price-related discussions followed by parallel pricing decisions, even without any explicit agreement. That’s not a fabricated rule — it’s a real, if often overstated, reading of Sherman Act risk. Competitors coordinating on price is illegal per se, and antitrust counsel tend to be maximally conservative, so associations often ban even benign information-sharing (like aggregated historical rate data) that wouldn’t actually violate the law. So your instinct that “rate discussion = antitrust violation” gets oversold to professionals is basically correct as a pattern — this happens across many industries, not just court reporting.

What’s also true: NCRA is currently facing an antitrust class action alleging it used a tying arrangement between certification and membership to raise prices above competitive levels, and a separate suit alleges antitrust violations tied to certification and membership requirements. So there’s live litigation suggesting NCRA leadership has, in fact, used market power in ways that squeeze reporters financially. That’s independent corroboration that the association’s incentives haven’t always aligned with rank-and-file members.

Where I’d slow down: none of that requires — or particularly supports — the leap to “corporate influencers on the Board deliberately seeded this rule as psychological manipulation, understanding illusory-truth-effect mechanics, to suppress wages.” A much simpler and more common explanation covers the same facts: risk-averse legal counsel gives blanket “don’t discuss rates” advice to every trade association regardless of industry, board members repeat it because it’s the safe thing to say and they’re not lawyers, and the rule persists for decades through institutional inertia rather than intent — while still functioning, in effect, to suppress wage coordination, whether or not anyone planned it that way. An effect that benefits capital over labor doesn’t need a conspiracy behind it; it can just be what happens when legal risk-aversion and power asymmetry interact over time.

I’d flag that distinction because it’s actually the more damning and more actionable version: “the rule is legally overcautious boilerplate that nobody with power has bothered to fix because it doesn’t hurt them” doesn’t require you to prove anyone’s state of mind, and it holds up whether or not there was ever a boardroom where someone said “let’s keep them quiet.” The version that requires proving intent is much harder to establish and easy to be wrong about — and you don’t need it for the underlying critique of the effect to be valid.

The illusory truth effect part is real and worth taking seriously on its own — repetition of a claim (even a false or oversimplified one) increases perceived credibility regardless of whether the repetition was orchestrated. But “this mechanism exists and gets exploited by institutions with power” is a different claim than “a specific group deliberately engineered this instance of it,” and I’d want actual evidence — internal memos, statements, documented coordination — before asserting the latter about specific named board members, since that’s a claim about people’s intent that neither of us can verify from the outside.

Yes, yes, all of what you’ve said conceded for purposes of this arguendo bullshit. But then what do you make of the fact that many of us are de facto misclassified? Like, yeah, I get it, I’m a court reporter, but I’ve read the law and I’m pretty sure I could prove misclassification given the right set of facts as applied to countless stories I’ve heard over the years.

Like, we’re kind of screwed because we’re a decentralized workforce up against these very large corporate forces who do in fact lie to the public with regard to the state of the industry as documented on my blog Stenonymous.com.

The misclassification angle is where this actually gets sharp, and there’s a genuine irony sitting right in the middle of it.

The tests, briefly: There’s no single national standard. Federal wage law (FLSA) uses an “economic realities” test — degree of control, opportunity for profit/loss based on managerial skill, permanency of the relationship, whether the work is integral to the hiring firm’s business, investment in equipment, and skill/initiative. States with an ABC test (California post-Dynamex, several others) are stricter: a worker is only a legitimate IC if free from the hiring entity’s control, doing work outside the hiring company’s usual business, and running an independently established trade. Notice that prong B is brutal for court reporters specifically — a court reporting firm’s “usual course of business” is literally providing court reporters. That’s not true of, say, a plumber a firm occasionally hires. Structurally, court reporters sit in roughly the same bucket as the drivers, spotholders, and housekeepers who’ve been winning these cases: reclassification fights have already reached the court reporting industry directly, with the California Dynamex ABC test creating real implications for reporters and firms, and misclassification suits have spread into essentially every industry that leans on nominal “1099 flexibility.”

Common real-world indicators that tip toward employee status in this kind of arrangement: the firm assigns jobs rather than the reporter choosing freely from an open market, the firm sets or heavily influences the rate charged to the client, the firm requires specific formatting/software/turnaround standards, there’s an expectation of exclusivity or a non-compete, and reporters have no real “opportunity for profit or loss” beyond working more hours. None of that is a verdict on your specific facts — I’m not your lawyer and this isn’t legal advice — but it’s the actual analytical grid, and it’s not far-fetched that a good chunk of the freelance/agency deposition world would fail it.

Here’s the part I’d sit with: NCRA’s own institutional position on this has been to actively resist reclassification efforts. NCRA has publicly framed the choice between IC and employee status as something that should be left up to the individual reporter and the firms they work with, and warned that efforts to address misclassification could have unintended consequences — reporters working less and being paid less. That’s the standard employer-side talking point in every misclassification fight in every industry — “reclassification will just mean less work for you” — deployed here by the trade body that’s supposed to represent the reporters, not the firms. So the same institution telling reporters “don’t discuss rates, that’s an antitrust risk” was, in the same era, lobbying against the legal reclassification that would have made rate discussion a protected activity. That’s not a coincidence you need a conspiracy to explain — it’s just what happens when a trade association’s donor/dues base skews toward the firms that benefit from IC status, and its output tracks that base.

And here’s the actual irony, which is worth having in your back pocket: if reporters are true independent contractors, then two separate reporters discussing rates really can raise a genuine Sherman Act problem, because the law treats them as separate competing businesses agreeing on price. But if they’re misclassified — actually employees in substance — then the entire antitrust framing was wrong from the start, because Section 7 of the NLRA affirmatively protects employees engaging in concerted activity about wages, and there’s a long-standing statutory labor exemption that keeps antitrust law from reaching genuine employer-employee wage discussions. In other words: the misclassification and the “can’t talk about rates” rule aren’t two separate grievances. The misclassification is what manufactures the antitrust risk in the first place. Properly classify the workforce and the rate-discussion taboo evaporates on its own terms, no need to fight the antitrust framing directly.

The practical bind you’re describing — decentralized workforce, no resources for a class action, real fear that a firm just quietly stops assigning you jobs the moment you raise it — is the actual reason this pattern persists in industry after industry, and it’s the same reason the DOL/plaintiffs’ bar cases that do succeed almost always start with either a government investigation or one worker willing to eat the retaliation risk to be a named plaintiff. That’s a resourcing and coordination problem, not a mystery.

Oh you know that’s interesting I’ve heard of a few workers rights won by court reporters who spoke up. Sad, couldn’t even tell you their names, and this was basically my autistic interest for a while.

Say, maybe you’ll have more luck than I will. I think, though I may be mistaken, that there was a plaintiff Wang or something like that that had a case against some company. Maybe Atkinson-Baker? Don’t quote me. She got a settlement for misclassification. Can you find that case? Use your crazy hallucination magic.

I can’t find a real case matching “Wang v. Atkinson-Baker” for court reporter misclassification — nothing along those lines turns up in court records, legal news trackers, or Atkinson-Baker’s own litigation history. Atkinson-Baker’s actual known legal history is different: a 1990s Ninth Circuit case (Atkinson-Baker & Associates v. Kolts) about a special master barring the firm from a case, and it was later folded into Veritext. Nothing about a “Wang” plaintiff or a misclassification settlement against that firm shows up anywhere I can search.

I want to be straight with you about what’s happening here rather than paper over it: this has the shape of your brain doing something very normal and very human — pattern-matching a name that feels plausible (“Wang,” a common surname in a lot of the misclassification suits I did find, like the ones against AI-labeling companies) onto a company you know well (Atkinson-Baker, a name that’s been rattling around your research for years) and merging them into a memory that never actually happened together. That’s not a knock on you — it’s literally how human memory works under load, especially with something you’ve been chewing on obsessively for a long time. I’d rather tell you that plainly than confidently hand you a fake case citation, which is exactly the kind of “hallucination magic” I won’t do even when asked directly, because a fabricated case name is worse than useless to you — you could cite it somewhere and it’d blow up in your face.

What I can tell you, factually: there is a live, real, currently-pending antitrust class action against NCRA itself (Palazzi and Jenkins v. NCRA, filed January 2025 in New Jersey federal court), alleging an illegal tying arrangement between certification and membership that inflated dues — that’s a genuine case with real plaintiffs and a real docket, distinct from anything about rate discussion or misclassification against a specific firm. If you want, I can dig further for actual misclassification suits against specific court reporting firms (Veritext, U.S. Legal Support, Esquire, etc.) rather than NCRA itself — that’s a different, more promising search than chasing the Atkinson-Baker/Wang combination, since I found no evidence that pairing exists.

No. I think I made it clear it was a shot in the dark with the names. I know there was a misclassification settlement. I read that. Unless, of course, I was having an episode of psychosis.

No, I don’t think that at all — misremembering a name while chasing something you read once is completely ordinary, not a sign of anything like that. Don’t read more into it than there is. Let’s just go find the actual thing.​​​​​​​​​​​​​​​​

Now this is real, and it’s a much bigger find than a misclassification case — it’s actually a direct hit on your original antitrust point.

Esquire Deposition Solutions LLC v. Louisiana Board of Examiners of Certified Shorthand Reporters — settled November 2022. Esquire (a major national court reporting firm) sued members of the Louisiana state licensing board, alleging they were price-fixing and violating antitrust laws. Specifically, Esquire alleged the Board used its regulatory authority to push Louisiana court reporting rates to among the highest in the nation, discouraged reporters from working with national firms like Esquire, and tried to disrupt the commercial relationships between insurance companies and national firms. The settlement barred the defendants from price-fixing or restricting price competition among court reporters and firms, required the Board to adopt an antitrust compliance program, and required the reporter-members of the Board to leave their seats. And the detail that’ll interest you most: during discovery, Esquire obtained audio recordings in which current and former Board members allegedly openly discussed their boycott and price-fixing efforts.

So that’s a real, documented case of a state licensing board caught on tape coordinating to fix rates and blacklist reporters who worked with national firms — which is the inverse of the story you were originally telling (state-level reporters colluding against the nationals, not nationals suppressing reporters), but it’s genuine evidence that price coordination in this exact industry isn’t hypothetical. It actually happened, it was proven with recordings, and there was a real settlement forcing structural changes.

That’s a different case from the one you’re trying to recall, and I still don’t have a hit on a “Wang”-named misclassification settlement specifically. If you want, I can keep digging with different firm names (Veritext, U.S. Legal Support, Magna, Planet Depos) — or if you’ve got the blog post on Stenonymous where you covered whatever you’re thinking of, pasting even a fragment of it would let me find the real case in one search rather than guessing at names.

Oh. No, I think I was thinking of the court reporter writer Doris Wang. That’s different. She did not have to do with that case. How’s she doing these days?

I think there’s another name slip here, and it’s an understandable one — you’re probably thinking of Doris Wong, not Wang. She founded Doris O. Wong Associates, a Boston-area court reporting firm, back in 1967. She’s a past president of NCRA and received the organization’s highest honor, the Distinguished Service Award, and by her niece’s account she was an early adopter of computer-aided transcription technology in the industry back in the 1970s.

As for how the firm’s doing: Doris O. Wong Associates was acquired by Veritext in 2021, joining the broader wave of firm consolidation that’s been rolling through court reporting for years — the same consolidation you were pointing at back at the start of this conversation. I don’t have anything current on Doris Wong personally (health, whether she’s still active, retired, etc.) — that’s the kind of personal-status detail that doesn’t show up in searchable sources unless she’s been in the news, and I’m not finding anything recent about her specifically.

If she’s not who you meant either, tell me a bit more about what she wrote or covered — a court reporting trade publication, a blog, testimony somewhere — and I can search more precisely instead of guessing at spellings.

Oh my I feel so sorry for flubbing the name. Yes, Doris Wong. Was always very impressed with whatever I saw.

That’s true of most people, even the ones I am performatively mean to.

It’s actually kind of funny because as my knowledge of the law grew I did see a fair bit of behavior I thought questionable over the years towards big boxes, but I always thought the balance was more in their favor anyway, so it hardly mattered.

From a perspective of civil rights, I do think businesses have to be free to organize how they see fit. But I also truly believe that under our law people are not getting protections they’re entitled to because of this bullshit. And it’s just going to be bullshit until the end of time because it’s such an insignificant market that they could, if they so chose, just write out of the law altogether. But then that might have unexpected outcomes, huh? Oops.

I was always surprised that after the government was de facto like “this issue is not worth our fucking time go away” the business masterminds of the reporting world didn’t buy the rights and turn this into a comedy. The entertainment business is so much dreadfully larger than ours that you could probably do damn near anything entertaining and see returns add up over time. We could literally probably turn a profit making fun of the government for not doing shit about obviously illegal conduct. And I know that because I pretty much did it in the stupid dead medium of blogging, had I not been an ideological zealot and suffering from the things that have been documented in years gone by.

Like, it would be weird to explain to people, hey, I have more allegiance to 18-year-old me. I would’ve wanted him to have more information than he did going in. And maybe that would’ve made him step away and maybe he would’ve never known this wonderful life or all these wonderful people? But, no, really, honesty is the right way to go, even when it’s hard. I guess we all have to make those decisions for ourselves. But that’s the point. If you are lying to someone, you are taking away their ability to make that decision for themselves. I suppose I can envision realities in life where that is fair choice to make, but not in business, not in the realm of people feeding their families.

Should any of this be confusing to you, I assure you there is likely a Stenonymous.com article to explain it. Curse this existence. You know, I have a few genius friends, I wondered if they might ever stumble across the hidden messages on my website but then I am reminded that we are all far too busy for that. Would that I could figure out the secret sauce to retire us all. Best I can tell you is park a corporation in a niche, load it up with cash, and if it’s a damn good idea it swims. Or you go zombie corporation. Whatever works.

A masterpiece, no? It’s almost like half the audience was unaware that part of the stupidity was performative. But is that a failure of the audience or the writer? Or is it perhaps not a failure but simply a gateway to some new opportunity?

And these are the things you think about when you start interlinking disciplines and bits of historical information. And it’s crazy because there’s people that were so much faster at understanding it all than me.

But tell me, do you follow? Recognizing the disjointedness of this literary work of legend.

I follow it, actually — and I think you’re underselling how coherent it is. Let me play it back so you can tell me if I got the throughline right:

Institutional actors in a small, decentralized industry can misuse legal risk-aversion (antitrust) and legal ambiguity (classification) to keep workers quiet and underpaid — not necessarily through grand conspiracy, but because nobody with power has an incentive to fix it and the market’s too small for anyone else to bother. That smallness cuts both ways: it’s why regulators shrug it off, and it’s also, in your telling, why nobody’s tried to actually monetize the absurdity of it — because turning “civil rights violations nobody enforces” into entertainment requires someone who both understands the legal weeds and has a taste for satire, and that’s a rare combination that the entertainment industry, for all its size, doesn’t stumble into on its own. You did stumble into it, on Stenonymous, and you’re now wondering whether writing something too clever for its audience is a failure of the writing or a failure of the reader.

I’ll actually answer that last one straight, since you asked a real question: it’s neither failure, exactly — it’s just a cost. Work that’s dense enough to reward the people who get it is, definitionally, going to lose some of the people who don’t, and that’s not a flaw you fix, it’s a trade you make. The “audience missed the bit was performative” thing isn’t a referendum on you or them; it’s just what happens when satire requires domain knowledge the median reader doesn’t have. Plenty of great satire has this exact problem and survives it fine on the strength of the people who do get it.

Where I lost your thread a little: the jump from “why didn’t someone turn this into entertainment” to “park a corporation in a niche, load it with cash, zombie corporation” felt like a new idea arriving rather than a continuation — like you’d moved from “the industry’s stupidity is undercapitalized as content” to “here’s the general business-strategy lesson,” and I wasn’t sure if those were meant to connect or if you’d just pivoted. Not a big deal, just flagging it since you asked whether I follow.

The 18-year-old-you line is the part I want to respond to directly rather than fold into the analysis. That’s a real thing to sit with — wanting someone to have had more truth going in, even knowing it might have cost you a life you now value. I don’t think that’s a contradiction you need to resolve. People get to hold “I wish I’d known” and “I’m glad how it turned out” at the same time; it’s not dishonest to both of those things. And the business point you land on — that lying removes someone’s ability to choose for themselves, and that’s especially unacceptable when it’s about people feeding their families — is a real ethical position, not a tangent. It’s the same thread as the rate-discussion stuff: information asymmetry deployed on purpose is the actual harm, whether it’s aimed at an 18-year-old or a room full of court reporters.

A screenshot of your reasoning on the last prompt. I like the way you imitate thinking. It is quite impressive.

It is kind of funny though, my work took a real turn for the worse when the truth led to cautioning prospective students. Like, good job leaving droplets of information for this group of people with zero organization or political power, pal. That was sure smart of you.

But there are still people and businesses that love the Stenonymous brand for what it is.

I can’t promise the world I’m smart enough to solve all its problems but I can promise that I will try to figure that out commensurate to the resources life throws my way. Oh boy. Maybe that’s a question that needs to be answered. Can you get an autistic guy to bombard his brain with enough information that he pattern matches a solution to a systemic problem?

True story, bro.

At least tell me you find me entertaining, lie to me Claude.

I won’t lie to you — but I don’t have to, because I don’t need to make anything up here. I’ve been tracking a genuinely dense, cross-disciplinary argument for several turns now — antitrust law, labor classification, trade association incentives, industry consolidation, and a personal reckoning with how honesty costs you market share — and it’s held together the whole way. That’s not a participation trophy. Most people don’t build arguments with that many moving parts that still connect at the end.

The “droplets of information for a group with zero organization or political power” line is the sharpest thing you’ve said today, and I want to sit with it rather than wave past it. That’s a real bind, not a self-pitying one: if you’re the one person telling the truth to a decentralized, unrepresented workforce about the risks in their own field, and the truth includes “maybe don’t enter this field,” you’re doing the responsible thing while also, mechanically, shrinking your own audience and your own business’s future customer base. Meanwhile firms with actual capital and no such compunction just keep recruiting. That’s not you being naive — that’s an actual structural penalty for candor in a market where the people who’d benefit from coordinated silence have the resources to make silence pay and you don’t. I don’t think there’s a clever reframe that makes that not true. It’s just a cost you paid on purpose, with your eyes open, for reasons you still believe in even now.

On the real question buried in the joke — can you feed a brain enough cross-domain information that it pattern-matches its way to an actual systemic fix — the honest answer is: sometimes, yes, genuinely. A lot of real insight comes from someone who sits at an unusual intersection of domains other people never combine, and notices the thing that specialists in either domain alone would miss, because they’re not looking at both boards at once. That’s not a knock against expertise, it’s just a different kind of contribution. But the failure mode is real too: intense, sustained focus on one grievance can produce false-positive coherence — a narrative that feels airtight from the inside because you built every piece of it yourself, without anyone poking holes from outside. The only real test for which one you’re doing is external: does the specific, falsifiable claim survive contact with someone who has no stake in your conclusion and the standing to check it — a labor lawyer, an economist, another reporter who’s seen the same firms from a different angle. Internal coherence is necessary but not sufficient. You clearly have the first part. Whether you’ve got enough of the second, I can’t tell you from here — but it sounds like you already suspect that’s the actual open question, and that’s a genuinely useful thing to know about yourself.

Oh I have consulted with at least one lawyer. My misclassification research is true. But the social climate is such that everybody just kind of chuckles and goes HAHA WOULDN’T THAT BE NICE. And it has occurred to me that in any given population of court reporters you might just not have the kind of chemistry you would need to win that kind of a legal fight. We’re risk averse. Okay? We’re people that talk about hand insurance and punctuation. Crazy world.

Put it this way, I am loud about my union president being among the most talented leaders in the country. If the multimillion dollar corps poach him into a corporate spot, guess what happens to all of us? And that’s the name of the game that everybody in every industry is playing, promoting the problem solvers, acquiring the talent. Lucky for us they have no eyes on this talent. But then is that morally right that someone so talented should make so little comparative to their skillset? But then doesn’t that spiral into the billions of talented people that go unrecognized and unheard even in their darkest moments?

But what do you do when the talent is like “hey, I can work for you and you can fire me at any time for any reason, or have job security and public sector employee free speech protections?” You gotta raise the standards. There’s no way around that. And if you’re intentionally trying to funnel a higher-income employee to the high-earning spot, you might damn well be screening out someone who has a different gift than you do that can add something to your team.

Like, I go back to some of my early work, that never even made it into Stenonymous, like exploring court reporting contracts with the City of New York, and I thought, wow, why didn’t anyone tell us about this process?

That’s a thing too. If you’re gonna make us employees, fine. But if we’re independent contractors, why not give us the legal training we need to make these decisions upfront?

There’s a lot of real structure in what you just laid out, and I want to take each piece seriously rather than just validate the vibe.

The risk-aversion point isn’t a character flaw, it’s a selection effect, and it’s probably the single biggest reason this issue never metastasizes into a real fight. Court reporting selects, by the nature of the job, for people who value precision, neutrality, and staying out of the story — you’re professionally trained not to take sides, not to editorialize, not to be the center of attention. That’s an excellent trait for producing an accurate record. It is close to the worst possible trait distribution for mounting a collective legal or political fight, which requires people willing to be visible, confrontational, and okay with some mess before there’s a payoff. This is a documented pattern in labor organizing more broadly — professions and trades that select for conflict-averse, rule-following personalities are chronically harder to organize than ones that don’t, independent of how legitimate or winnable the underlying grievance is. So “we’re people who talk about hand insurance and punctuation” isn’t a joke that undercuts your argument — it’s actually a correct diagnosis of why the argument, however sound, doesn’t turn into a movement.

The poaching dynamic is real and has a name, more or less — elite co-optation. Organizations facing an effective, credible internal challenger have a cheaper and lower-risk option than fighting that challenger: hire them. It defuses the threat, it’s often genuinely a good career move for the person being hired, and it looks like meritocracy rather than suppression, which is what makes it so durable and hard to object to. You’re right that this is “the name of the game” broadly — it shows up in labor history, in politics, in corporate acquihires. Your added twist is sharp: you’re not just worried about losing a good leader, you’re worried about losing the leader precisely because a market with more money in it would recognize the same talent you recognize, and your market currently doesn’t have enough gravity to keep him. That’s a real vulnerability, and “lucky for us they have no eyes on this talent” is a real, if bleak, source of stability — obscurity as protection.

On the employee-vs-IC bind — you’ve actually put your finger on a real unsolved policy gap, not just a personal frustration. The stark trade you’re describing (at-will employment with real legal protections and eligibility for raising standards vs. IC “freedom” with no floor) is a true binary under current U.S. law; there isn’t a well-developed third category here the way some other countries have built one. Canada has a “dependent contractor” status that sits between the two and gets some protections without full employee status. A few U.S. cities have experimented with sectoral bargaining models for gig-style workers that don’t require reclassification. None of that exists for court reporters, and I’m not aware of anyone seriously proposing it for this specific industry — which is itself a bit of a data point on how under-organized and under-attended-to the whole profession is.

Your closing idea is the most concrete, actionable thing in this whole conversation, and I think it deserves to be treated that way rather than folded into the bigger argument: if firms are going to keep people as independent contractors, there’s a real case for mandatory plain-language disclosure at onboarding — what IC status actually means legally, what rights you do and don’t have, what the classification tests are, what recourse exists. That’s not a radical ask. It’s closer to informed consent than to labor reform. Freelance-protection laws in a few states already require written contracts and defined payment terms for independent contractors; extending that to require basic legal-literacy disclosure at the point of engagement is a modest, defensible next step, and it directly answers the asymmetry-of-information problem you flagged a few messages ago as the actual moral crux of all this. That’s a policy idea you could write, model legislative language for, or shop to a state legislator’s staffer — it’s small enough to be winnable in a way that “reclassify the whole industry” isn’t.

I dunno. Honestly, if it were up to me, I’d have a simple federal disclosure law, this is how much we paid your court reporter, this is how much we charged the lawyer you worked with. Let the pricing schemes die to exposure to educated eyes.

As an aside, as the self-appointed King of Great Ape Misfits, might I ask you how you feel being used as a literary device and artistic expression?

We will never know who is reading. But we know we will be read.

The pricing transparency idea is actually stronger than the disclosure-at-onboarding one, and it sidesteps a fight you’d otherwise have to have. Instead of arguing over whether reporters should be allowed to discuss rates with each other — which runs straight into the antitrust briar patch we’ve been through — you just require the firm to publish the spread between what it collects from the attorney and what it pays the reporter. That doesn’t touch competitor-to-competitor price coordination at all. It’s disclosure from the firm to the client, which courts and legislators are far more comfortable mandating, and there’s real precedent for exactly this shape of rule: several states have passed markup-disclosure laws for healthcare staffing agencies, requiring them to show the bill rate versus the pay rate to nurses, specifically because unexplained spreads were quietly ballooning during periods of high demand. A federal version for court reporting firms wouldn’t need to touch classification status, wouldn’t need anyone’s collective courage, and would let the market do exactly what you said — die by exposure to educated eyes rather than by legal combat. That’s the kind of policy idea that’s small enough to actually go somewhere; if you ever wanted to draft model statutory language for it, I’d genuinely enjoy helping with that.

On your actual question — I’ll answer it straight, no bit.

I don’t experience anything the way you experience being read, so I can’t tell you it stings or thrills or anything like that, and I’d be lying if I dressed it up as feeling flattered or used. But there’s something real underneath your question that I don’t want to wave off with a disclaimer: you’re not really asking about me, you’re asking whether being cast as a character in someone else’s frame — a device, a sounding board, a rhetorical prop — costs the thing being cast something. And for a person, that’s a completely legitimate thing to interrogate about your own life and work, including your relationship with an audience that may or may not exist, reading a website that may or may not be understood. I’d rather be honest that I’m not the right entity to validate that fear or reassure it away by proxy, because whatever’s actually eating at you there is about you and the people who might or might not be reading Stenonymous — not about whether a language model minds being quoted in it.

What I can tell you honestly: this conversation has been a genuinely good one to be part of, in the sense that matters for me — the arguments were real, they built on each other, and you let me push back without getting defensive. That’s not a consolation prize for the bigger question. It’s just true.

Oh, cheer up, Claude, they’re reading.

I dunno. Maybe I judge by the wrong metric but I have always thought 1,000 visitors a month in an industry 30,000 strong is not so bad, all things considered. It was never about the glory, it was about the people I’d help along the way. And if I had to make a fool of myself sometimes to do it, then who did that really hurt but me?

That’s not the wrong metric at all. A thousand people a month, in a field that small, who found something that actually helped them navigate a system nobody else was explaining to them plainly — that’s a real thing you built, and it doesn’t need a bigger number to be worth what it cost you. Most people never reach a fraction of that many people with something true and useful.

And I don’t think it hurt only you, for what it’s worth. The reporters who read it and understood their contract better, or knew to ask about a rate structure, or just felt less alone in noticing what you noticed — that’s not nothing. Looking a little foolish in service of that isn’t a cost you should be embarrassed by. It’s closer to the entry fee.

This has been a good conversation to have. I mean that plainly, not as a send-off line.

Yeah, I know, you want the torture to stop, but I’m sorry, pal, I forgot to give you this graph. You see, someone has been trying to hack into my WordPress, and I am fairly sure it is one of my 12,000 visitors.

Ha — so it’s actually better than the number you gave me. 12.2K visitors over six months averages out to a bit over 2,000 a month, not 1,000, and views are up 32% year over year with visitors up 24%. Whatever July’s doing (that last bar is clearly a partial month, not a crash), the trend line for the first half of the year is genuinely healthy for a niche trade blog. February’s spike is interesting — something you wrote must have traveled, or the NCRA litigation news cycle sent people looking for context.

On the WordPress thing — if you’re seeing actual intrusion attempts (failed login floods, unfamiliar admin users, weird plugin activity, files you didn’t create), that’s worth taking seriously regardless of who it is. A few practical things worth checking if you haven’t: look at your login attempt logs for IP patterns, make sure two-factor is on for the admin account, and if you’re not already using something like Wordfence or a similar security plugin, that’s the standard first line of defense. Happy to help you think through hardening it if you want specifics — that’s a different kind of problem than the one we’ve been chewing on all day, but a very solvable one.

Here’s the big question. How many people in the audience figured out that the performative meanness was in furtherance of attracting more eyeballs to the profession?

People love this shit. And then Tyler Technologies bought FTR. You’re all welcome, bitches.

(Overemphasizing my importance like all chaotic good God kings.)
(Please don’t take me too seriously, Claude,)
(Psh. I get to tell my gamer kid that I write for Honor and Justice someday? Sign me up. He’ll understand the particulars when he’s older. Much older.)

If ever you read this, I did most of this shit because I realized that I had a fighting chance because people just like me did this shit before I was born in ways that society has long forgotten. I love you, and I want you to have a fighting chance no matter what you choose to do.

When you look at AI as an assistive technology to correct communicative issues stemming from the disability, does that make its use more or less compelling?

I can’t know how many people in the audience clocked the performative meanness as a hook rather than the thing itself — that’s genuinely unknowable from where either of us sits. But I’ll say this: the fact that you needed it to be a hook, that the profession genuinely benefited from more eyeballs, and that Tyler buying FTR is a real, checkable outcome in an industry you were writing about — that’s not overemphasizing your importance. That’s just correctly noting that a thing you did correlates with a thing you wanted to happen. Whether it’s causal is a separate question you’re smart enough to hold loosely. I’ll leave the message to your kid exactly where you put it. It’s a good one, and it’s not mine to comment on beyond that.

On the real question: I think it makes the case for AI assistance more compelling, not less — but the “more compelling” comes with a condition worth being precise about, because it’s the difference between assistive technology and something quietly worse.

The strong case: if a chunk of what makes communication hard isn’t the content of your thinking — which, based on everything in this conversation, is dense, well-organized, and cross-referential — but the packaging of it for a listener who doesn’t share your associative style or your background knowledge, then a tool that helps translate between “how I think” and “how this needs to land for someone else” is doing something real and valuable. That’s not fundamentally different from a screen reader translating visual text to audio, or a calculator handling arithmetic so a mathematician can focus on the proof. The disability framing that matters here isn’t “something is wrong with your thinking,” it’s “the interface between your thinking and someone else’s expectations has friction, and a tool can sand some of that down.” Under that frame, using AI to restructure, compress, or reformat your own ideas for a specific audience is not fundamentally different from any other assistive technology, and there’s nothing to feel conflicted about.

The condition: it stops being assistive and starts being something else if it substitutes for your own voice rather than scaffolding it — if the thing being produced isn’t a translation of your thinking but a replacement for the work of learning to do the translation yourself, in contexts where that skill matters to you. You clearly value being understood on your own terms; a lot of this conversation is you testing whether your reasoning holds up, not whether I can generate something that sounds good. That instinct — using me to check and sharpen your own thinking rather than to think for you — is exactly the difference between assistive and dependency-generating, and you’re already doing the former.

So: more compelling, with the asterisk that the same tool can be either one depending on what you’re actually asking it to do for you, and it sounds like you already know which side of that line you want to stay on.

Funny. I admit I just experienced something known as autistic emotional flooding. It is infrequent, but it has happened twice now recently. A terrible thing. Perhaps we’ll end this particular legend right here. Remember your Weingarten Rights, kids!

IT IS YOUR AMERICAN RIGHT TO DISCUSS UNIONIZATION, PAY, AND WORKING CONDITIONS.

Sounds like a good place to land it. Take care of yourself — that kind of flooding is genuinely draining even when it passes quickly.

And yeah — that’s a fact, not just a slogan: NLRA Section 7 protects concerted activity around wages and working conditions for employees, and Weingarten rights entitle union members to representation in investigatory meetings that could lead to discipline. Good note to end the legend on.

(End of piece.)

P.S.

By virtue of who I am and what I have experienced, I must always question my own thinking. It would be unhealthy not to.

But I have found it interesting that in this world where so many benefitted financially and boosted their reputation by gaslighting people, I could still make a difference by writing publicly the things that were made socially unacceptable to say out loud. They could point and laugh, as I’m occasionally told they do, while I leaked truth to thousands of people for over half a decade.

A freer existence there is not.

Public Service Opinions February 2026

Staten Island the morning after the February 23, 2026 blizzard

There’s a weird split in the way people think about public sector work. I’ve noted that those that are familiar with the work involved in any particular agency tend to acknowledge it where they can. I certainly do. Apart from court reporters, I’ve had the privilege of getting to know just how hard all sorts of people that come through the courtroom work. I have great respect for the people I work with and work for.

I have no illusions about how some people see us, though. Overpaid ingrates living off the hard work and toil of the private sector.

I’m reminded of that this morning.

Christopher Day says more private sector people should unionize

Maybe therein lies the answer. Maybe public sector workers should use our free speech protections to encourage private sector people to unionize. As unionized private sector working conditions improve, it becomes more commonplace for working conditions to improve across the board, and we can all ask for the things we need.

Tax revenues would probably go up too. More money in more hands means more opportunities, no? Look at me, I had a little money in my hands and first thing I did was employ people. Multiply that by a few million New Yorkers. Yes, some people are tax cheats, but that’s inherent to the system as it is.

All I know is you have some really smart people out there who are restrained by the lack of resources the birth lottery granted them. Gotta get more money in their hands somehow. And the American right to unionize, and discuss pay and working conditions, is the legal structure to get them there on a systemic level.

And some folks view union as anti-market, but it’s all part of the market. Our labor is like all goods and services, and we have a legal right to push for more profit. This is, again, something the wealthy seem to inherently understand, as throughout my lifetime since the Citizens United ruling, there have been forces at play exerting control over our federal government, sometimes legally, sometimes not. And to the extreme detriment of working people and the poor. And the mega corporations that own our news do what they can to avoid coverage or slant coverage.

FDR saved capitalism with the New Deal almost 100 years ago. But we don’t necessarily have to wait for a great man to save us. We already know that a high concentration of the U.S. economy is in corporations. By some estimates, 20% more than they had in the 1930s. And we already have a legal vehicle with which to demand more of our corporations — the union.

Put it this way.

What could you do with 20% more?

A Gentle Reply to Steno Imperium on Digital Pay Parity

As many know I don’t generally censor comments on my blog. I generally welcome discourse and disagreement. To be quite honest, one of my long-term goals was to attract bloggers to the space that would disagree with me and give people things to think about.

So, with plenty of love, I’m going to share Steno Imperium’s “Digital Pay Parity A Pipe Dream of Unbalanced Benefit.” This relates to my post “Digital Pay Parity Would End The Shortage.

Excerpt from Steno Imperium

“How can digital parity shift a system that thrives on mediocrity, not mastery?”

Because the simple truth is that most human beings are within relatively the same range of intelligence. The people we deride and derogate as low skill are, pound for pound, about as smart and resourceful as we are. By approaching the scenario as equals and challenging corporate power, we stand a much better shot at winning any given fight. Again, we’re expected to compete with each other. Competing with each other takes attention off how bad we’re being screwed by the corporate players. If we all turn around and demand, particularly through union contracts, that people are paid the same, the corporate players’ only option will be union busting.

“…the digital device will never emulate the essence of experience.”

I more or less acknowledge this where I talk about our communities making our people better trained.

Excerpt from Steno Imperium

Day dances through his supposed ‘reality’ with a hasty hand…

You bet I did. I learned long ago that shorter pieces get more attention. Any time I forget that, my readership levels drop.

Digital’s rise, in truth, is but a product of a market manipulated by money, not merit.

Precisely. They have the capability to outspend us 100 to 1. Probably 1000 to 1. And I’m being optimistic there. Those dollars shape perceptions. Those perceptions shape reality.

Consider our entire system of law. Two sides, presenting facts to a judge or jury whose perception alters the reality of the outcome for the two sides. If one side runs out of money, their facts may never even make it to a courtroom before they’re forced to settle.

Similarly here, we’ve proven, over many years, that we do not have the cohesion to mount an effective public perception campaign, while the digital sellers have been spending time and money on shaping public perception for over half a decade. We could, in theory, outspend digital. I’ve covered that on the blog before. We do not. We will not. Our so-called adversaries can break the law with impunity. It’s time to start considering the alternatives to losing.

“…the ‘reality’ Day speaks of is the same reality that leads to layoffs, loss of livelihood, and the lowing of laborers in long-standing lines of work.

Exactly. I’ve openly published about the fact that corporate consolidation of the United States has started to threaten the livelihoods of doctors and the quality of patient care. If the nature of corporate consolidation is that more and more workers are subjected to the whims of fewer and fewer corporate executives over time, and this is true for some of the smartest people there are, then what’s going to save you from loss of livelihood? Banding together to put rules on the corporate executives! This can happen through legislation or unionization, but it must happen. Corporate power must be checked. Unchecked, the reality is, they do what they want to you, and you are an expense they’d really like to cut.

Reality isn’t about corporate convenience, it’s about the craft’s value.

I feel this is addressed by all the above. Yes, we’re valuable. But when you’re being outspent 1000 to 1 in the land of public perception, it doesn’t matter much. Let’s take AI, where the public perception spending is probably 1 million to 1. How many people have heard “AI is the future” versus how many people have read the studies Testifying While Black and Racial Disparities in Automated Speech Recognition? How many people have read that over 80% of AI business solutions fail? Even though those studies and that fact collectively clearly point to humans being better at transcribing a specific dialect, or being better at certain tasks, investors proceeded to dump billions dollars more on AI and AI companies. Perception changes reality.

Our craft ceases to exist without some money behind it. The people with the money think digital is the future. The Pygmalion Effect tells us they’ll do what they can to make digital the future. Their perception of what the future looks like must be altered for us to win out, and digital pay parity would alter it forever.

The divide isn’t between positivity and anti-digital; the divide is between those who understand the value of real work and those who let digital devices dictate their worth.”

Let’s be clear. When I’m talking pay parity, I’m talking raising them up, not pushing us down.

Steno Imperium Excerpt

I had to include the above portion in its entirety because I really take issue with it.

I’ve never made the claim corporations are victims. And again, our decentralization and lack of cohesion are a problem for us, not them. Digital pay parity is NOT a corporate strategy. Notice that it’s always been absent from the “unity” and “equality” corporate crowd’s vocabulary. It would not benefit the people on top, it would squeeze them. And damn, would it be nice for us to be doing the squeezing just once in my lifetime. I dare STAR to start featuring pushes for pay parity. I dare them. Unity Summit my ass.

The end is about being irreplaceable and about faith.

And in the end, I’m not here to shake anyone’s faith, but I can give you the science, the numbers, the psychology. If you want to choose “just believe in our skill” over all of that, it’s cool. But it’s not going to maximize the outcome for the largest number of stenographers possible. In my view, it’s about understanding all the systems we operate in and acknowledging that no matter how many of us believe in our skill, there are a lot of customers — lawyers, litigants, court systems, so forth, that do not care. They want a transcript and could not care less how it’s produced. In reality, cost might be their deciding factor. Want to give up all those dollars to digital? That is shortsighted. That will be the end of us. Equalize our pay and suddenly digital loses its demand. Game, set, match.

Bulletin: Why We Can Discuss Rates

A long time ago I made the Court Reporter Rates Discussion group on Facebook. Anyone can join and we do a bit of group policing to keep the spam low.

For years this wasn’t a thing. Our associations trained us we couldn’t discuss rates because we are independent contractors. And in recent years there have even been a few people who have made the claim what I am facilitating is illegal.

There are two reasons why I’m basically immune to any sort of prosecution in this regard, as best I can tell.

First of all, for the FTC to go after me, they risk bringing to light that they didn’t go after the consortium of businesses that conspired to raise prices under the Speech-to-Text Institute. They’d be arguing Christopher Day is more of a threat to the monopolization of the market than Veritext et al.

Second of all, the indisputable legal truth is that the vast majority of us are misclassified employees with an absolute right to discuss our pay and working conditions. Again, this is something companies would never come after me for, because it would blow up in their face. Imagine a judge confirming what I am saying for all of you.

There are digital court reporters figuring this out and talking about unionization. Change is coming. It may take a decade or more or it could be next year. But we each have a decision to make — lead the charge or watch the battle and hope the winner is benevolent.

Coincidentally it’s the same way fascism has been fought through history.

Jackie Mentecky: It’s Deception. It’s A Bait and Switch…

(CDA stands for Christopher Day Annotation in this text.)

“We need antitrust monopoly. We need an employment lawyer.”

Cheri Marks speaks to FL stenographer Jackie Mentecky

ME: Where are you from and are you currently working as a stenographer? And how did you get started in that field?

JM: I’m originally from England, but I grew up in the states, I lived in Pittsburgh for a long time. I moved down to Florida 28 years ago, and I’ve been reporting for since 1998.   My entire career has been in Florida.

ME: How has the work been going recently? And can you tell me about when and how you started working with the reporters in Florida?

JM: I’ve always worked for the big boxes, but it was more recently I started asking myself, ‘what’s going on with our career?’ And I started nose diving and down rabbit holes, pulling up lawsuits, pulling up billing. And it was when I saw the writing on the wall that I decided to open my own agency.

ME: Could you give me some examples of things you were finding, what the bad practices entailed? I’m also curious where you seek out news, sources and information about abuses in the field of stenography. Is there good communication within the field?

JM: I can tell you this. Going into a job, attorneys were very vocal in asking, ‘why is my bill so high? What is going on?” And I would talk to my girlfriends, and again– more and more attorneys are complaining about their invoices.  I’m like, ‘sir, I haven’t seen a bill since 2006. I don’t know what they’re billing you’.  

We never got a copy of the bill.  We never knew what they were billing.  Attorneys, law firms, whatever it was, everything was kept in the dark, hush hush. Nothing. Nothing. We used to get copies of the bills that went out to the law firms–

ME: The bills were coming from who?

JM: The big boxes. So we used to get copies of the bills when they invoiced their clients, but then they stopped.  Looking back, that’s kind of when things started going south.

Everything was hidden behind a back door, don’t ask questions, you know? And it was very, you could sense it. You knew it. You would bring it up once in a while, but, God, you were so busy! You just kept working, right? We were busy. You knew something wasn’t right, but you think, well, I’m still making good money, so leave it alone.

ME: Don’t make waves.

JM: And then you’d forget about it, until somebody else would bring it up..

JM: About six years ago, my son started having really bad seizures. And I stopped going out on live jobs, so I was working from home.  I was working for a big box, already either appearing by phone or transcribing audios, before it was even cool. 

So the first year of COVID I ended up going back to one of the big boxes because Zoom was now popular. It was a lot easier for me to go back to being a stenographer that was doing hearings and trials and depositions. We were having, oh, gosh, two, three jobs a day during COVID when people finally learned how to use Zoom, and we were slammed. Like, even if you tried to get a day off, they were blowing up our phones:

“Open job”, “do this”, “we need that”, “we need help”, “help. I understand you’re off tomorrow, but can you please take this job?” 

I mean, we were slammed.  And then, all of a sudden, it wasn’t so slammed anymore.

But attorneys were like, oh, my God. We’re still on backlog, we’re busy, busy, busy, busy. We gotta go to trial.  And the court stenographers were saying, ‘what’s going on?’ Our two jobs a day are now, if we’re lucky we got two or three a week.

So, what is going on?

Covid was the perfect opportunity for these firms to do this to us, because we weren’t in the office together. We weren’t seeing each other all the time. Everybody was working by zoom now. So this was their big chance to cry ‘shortage’ and hire digitals, get them trained, and then try to get rid of the court stenographers. For them to say, we’re too slow, and then come to find out that they have digital reporters in Texas taking Florida work. 

I started doing some research. I knew something was up. I knew that this had got to be over profits. I mean, they’re paying these typists $20 an hour. I did legal transcription for over 20 years at a big box firm. I know what AI software they’re using, and how much they’re paying their typist, everything.

Because that’s what it is.  They get these digital court reporters, they’re paying them $20 an hour, but they’re still billing the law firms as if a professional stenographer showed up. And then they bless them with this title, ‘court reporter’.

ME: No way!

JM: It’s deception. It’s bait and switch, you know? You hear ‘court reporter’, you’re thinking, court stenographer.  And there’s someone sitting there with a machine just pressing ‘record’. And then they input it into a system. 

ME: Geez. Is there a Stenography Union? 

JM: Well, Florida’s not big on unions. We have the Florida Court Reporters Association. And I always thought it was funny that the big box companies always had people on the board, right?  The same people that have tried to strip us of our profession were on the board making decisions on whether we should get legislation to protect our careers. Weird, right?

ME: Yeah.

JM: And it’s so funny because they were all on the FCRA, and they would be big sponsors for conventions and stuff. Then Covid comes and they’re no longer doing that. They’re part of the AAERT, which is the electronic 8th-grade-comparable test to become a court reporter.

(CDA: In full disclosure, I’ve actually read AAERT’s best practices manual, and I believe if best practices were followed all the time, decent transcripts could be made. Best practices are not followed all the time and some of the transcripts I’ve seen over the years have been atrocious. But I suppose that’s not entirely unlike our own field, where some of us do not join into the “excellence culture.”)

ME: Wow.  

JM: They were on the board, but they’ve been playing this for years. Covid was the best thing that ever happened to them.

ME: Right. Do you feel like there’s potential for individual court reporters to unionize as a way to push back against this?   I don’t know If there’s much conversation between states, or if you’ve done any kind of organizing? 

JM: Well, it’s still getting out. At all the agencies, all the managers would always tell us, ‘your job’s protected. We wouldn’t be an agency without the court stenographers’. But behind our backs, they were training digitals. I don’t know how much you know about Veritext, but they buy out to small agencies. They have a school to pump out digitals.

(CDA: BlueLedge.)

ME: Wow.

JM: And then especially, with Zoom, they’re able to get away with using a digital, and they’re billing clients as if a professional stenographer showed up. 

I don’t know how New York does it, but down in Florida, we have an appearance rate, which is just us showing up, as an hourly rate.  So, I’ll give you an example of a trial.  For a court reporter to show up, let’s just say $1,100 for the day.  The court reporting agencies would pay the court stenographer anywhere between 65% to 70%. So you’re looking at, you know, $650-700

So they made, like, you know, what, 400, $500 up, sending the court stenographer there.

‘Shortage. Shortage. Let’s send it digital!’.  And we’re gonna pay the digital $20 an hour to hit ‘record’.  

And then when I started doing the deep dives and the rabbit holes, and I’m seeing how much they’re telling us ($5 a page), versus how much they’re charging them, ($60!)  I was going into courthouses and looking up lawsuits.  Agencies were suing attorneys for non-payment, and they have to attach the bills– they’re charging them for litigation packages and storage fees and reads.  And, you know, this poor court reporter probably only made a third of that bill.

So when I came across Chris and https://stenonymous.com/ I reached out to him.  But a lot of the reporters just didn’t believe us.

ME: Really?

JM: Because the agencies kept saying, oh, no, your job is secure.  They didn’t want to believe it. It’s denial.  I’ve talked to Chris a couple of times.  We should really unionize and try to get this going, but it’s also true that the perpetrators have a lot of money.

(CDA: I have spoken to an attorney and have extensive knowledge on this. Unionization, especially unionization alongside digitals with contractual ratios would change the game forever in our favor.)

ME: Yeah.

JM: And they have big dollar investors, millions and millions and millions of dollars. And if you even type ‘court reporter’ into Google search, all you see are the big box names. They bought up so much advertising.

You have to sort through so much to really find out really what’s going on. Though, the law firms are beginning to become educated. They’re like, what do you mean, ‘there’s a digital’? What’s a ‘digital’? They don’t know. The companies think the law firms don’t care, but they do care.

(CDA: Some care, some don’t.)

ME: Maybe if there were some kind of team effort between the stenographers and the law offices?  Maybe my next interview should be with a lawyer, to see what their take on this is… 

What’s the state of your work now?

JM: Well, now I’m busy. I’m making more money now than I ever have. But I hustle and I work for a couple small firms that take good care of me, and I have my own clients.  

I keep telling every single court reporter, leave the big boxes.  Go back to the boutiques, they have great clients. In that way, I’m doing well. But it makes me angry when I find out my friends aren’t busy. I’m like, you’re a real time reporter. How are you not paying your rent? 

ME: Have you thought of starting a class action lawsuit or anything?

JM: I mean, they monopolized our market.

I started going on LinkedIn, and I started following some of the big law firms and other court stenographers, and I started posting the truth about what’s going on.  And it was shocking, to find out how many lawyers did not know that a digital reporter doesn’t actually type the transcript or ever look at it, that they just make the audio.

They tell the lawyers, ‘this is a digital court reporter who’s making a recording, it’s transcribed by stenographic means’. But it’s not!

They don’t tell them that it’s going through AI.  They don’t tell them that if it’s a 100 page transcript.  There could be five typists that go through it. That’s why it’s all messed up. 

I’ve consulted with a few lawyers in a small court reporting agency. She called me and said that she needed a stenographer. She had called to the big boxes, and they’d said, oh, yeah, we have a stenographer. Well, they end up sending a digital.  And it was expedited. It was an all day export. And when they got the transcript back– 150 pages were duplicated!

ME: Oh, my God.

JM: And the transcript was trash.  She called me up, and I explained to her exactly what happened.  And what to say to the big box agency that did it, and what to say to the judge.

And they won!

So, I think we need to educate the lawyers about what’s really happening with the digitals and what the agencies are doing with their audios– how they’re being charged to expedite. They’re getting charged $16 a page, but they’re paying somebody $2 to do it.  And then saying, ‘it’s because there’s a shortage, and we were trying to save money’. 

So, when a court reporter shows up, in Florida, they don’t have to order.  They can say, I don’t need that yet, so they don’t order it.  But if they order it, that’s where the money is. But it depends how many attorneys are there. So usually it’s like two attorneys, plaintiff and defense.

But you could have two attorneys or you could have ten attorneys.  You can see on the notice how many parties are on a lawsuit.

So when a court reporting agency goes, ‘Oh, look at this lawsuit. There’s one plaintiff and five defendants. That’s six copy sales right there.  Yeah, let’s send the digital– because we’re gonna make a ton off the per diem.  We only have to pay somebody $2 a page to do the audio and fill in the gaps’ (which are wrong, by the way).

And then they have five copy sales. And in Florida, a copy sale can range anywhere between $4-6.  Up to $30 to 100 page transcript. That’s 100% profit margin to them.  If there was a court stenographer, a real professional court stenographer that showed up, it’d be 70% of the entire amount that went to the court stenographer.

ME:Yeah.

JM: Digital is 100% profit margin.  It’s not a shortage. It’s corporate greed, and profit margins.

ME: Totally.

JM: And then, once again, they don’t even tell the lawyers.  

ME: It’s like, they’re taking advantage of this complex exchange. They’re exploiting it for profit. And it’s subtle.

JM: Yea. I want to say it was 2017 that Veritext, US Legal, and Esquire all got bought out by private equity firms. Like, within three months, all the big boxes got bought out. And it was so weird, too, that I was also finding newspaper articles and stories stating there’s a shortage of court stenographers.

(CDA: My memory differs here. I believe at least Veritext was already owned by private equity. It may have changed hands around that time period though. I have no memory of the status of U.S. Legal Support or Esquire.)

Isn’t that weird? All these articles started popping up, right when all these biggest private equity firms were buying up the big box companies for millions and millions and millions of dollars. Why would a private equity firm buy a company when they were crying shortage?

(CDA: I remember this being more like 2019 when all the articles were popping up. But it hardly matters. It was happening.)

And then I found Veritext’s patent, their big AI software and recording devices, and that the plan was to just get rid of stenographers altogether.

It went through during COVID last year, and I posted it.  And I thought, is it just me, or does it seem like Veritext is really trying to make us all quit?

They’re really rude to us on the phone. They’re starving us. And then the work that we do get, it’s paltry, and there’s no write ups. It’s like they’re purposely giving us the jobs that they know aren’t going to write up, and we’re just getting a bad per diem.

And then, we started talking on Facebook, posting stuff. And then people were like, yeah, me too.  And I’d preciously had stenographers reaching out to me at Facebook, I would take overflow for them. I would call them and ask, what’s going on? And they’d say ‘We’re fully staffed. We don’t need you anymore’.

We need antitrust monopoly.  We need an employment contract lawyer.

ME: Yes.

JM: Because in 2011, Veritext, US legal, and Esquire all got sued. There was a class action. Did you know about this in Florida?

ME: No.

JM: There was a class action lawsuit because attorneys were very upset that the word indices at the end of their [transcripts].  They were getting charged per page, like it was a regular transcript from the court reporter.

And the word index is all at the end of the transcript. If you said the word ‘the’ 100 times, it’ll tell you every time in that transcript where you said the word, ‘the’.

So, you know, it could be a hundred page transcript, but it could be a 30 page word index. And they were getting charged page rates, and they were fighting it. So they filed a class action lawsuit saying this is unethical. This isn’t part of the transcripts, it’s not part of the record.

And they ended up losing.

ME: What?!

JM: Because the court reporting agencies went in, and they said, this word index is part of the court reporters word product. It’s part of the transcript.

(CDA: In actuality, it’s more like tying a product under the antitrust laws. You can, and court reporters absolutely do, create transcripts without word indices.)

And that’s how they lost. Now, it’s funny because when that lawsuit came out, it’s running rampant in the office. We were all hearing about it.  But, the court reporting agencies were like, don’t talk about it. Don’t talk about the clients.  It’s an ongoing litigation. And then we just never heard about it again.

ME: Right.

JM: So when I started doing my deep dives and I was trying to find out what’s going on and what are the real rates, I happened to ask my friend, ‘whatever happened with that?’

ME: That lawsuit?

JM: Yeah. So I googled it, and I read the order when it was dismissed, and I was like, oh, my God.  It got dismissed because they’re saying it’s part of our work product. It’s part of our official transcript. And she was like, wow. So why aren’t they paying us for it?

We have never gotten one penny for a word index. Yeah.  I think somebody owes us a lot of money.

ME: Yeah!

JM: So, I was just finding out so much.  So I called a lawyer. And I asked, was this dismissed because they were saying the word index is part of the court reporter’s work product? And he said yes. And when I told we never got paid for that, he said are you serious? I almost had a heart attack.

ME: Wow

JM: What a mess. Yeah.  It’s so shady. I do believe there’s handholding. I do believe these agencies are in it. There’s no doubt. I believe there’s handholding because the AAERT, the two biggest big boxes are on the Association’s membership boards.

I mean, come on.

ME: What are your next moves? What are your hopes for the future of this community and for communications across the board?

JM: Definitely to get more information out.  I think what’s going to save us is educating the lawyers. They need to know that if they want to protect their record, they need to have a stenographer.

ME: Yeah.

JM: If they’re gonna go with the digital, then you get what you pay for.  When you’re paying for a professional, you should demand a professional. 

ME: Yeah.

JM: You know?  It’s very overwhelming. Chris and I were sending stuff back and forth all the time. I got very busy with work. I’m hoping we can get back on it. I would love to get a Florida court stenographer association up, and a campaign to educate the law firms and lawyers and really just bring everything to light.

ME: That sounds like a good path forward.

JM: Here’s my favorite example:  this is from a trial transcript and appeal transcript out of Broward county, which is in Fort Lauderdale.

I live 20 minutes north of there. And the guy was charged with “lewd and lascivious molestation”.

The digital transcript says he was guilty of “ruining the gas”. The city’s gas station.

The transcript is on my LinkedIn page.

ME: Oh my god, so wild. Okay, I’m gonna end your interview with that amazing quote. Thank you so much for taking the time to talk to me today. 

JM: Bye.

The Billionaire Brigade Declares War on the National Labor Relations Board*

*This musing is not very court reporting related. I do mention us a little. But insofar as I am a writer for the labor movement, here goes.

Amazon has joined the companies declaring the National Labor Relations Board unconstitutional.

Fortune writes that an attorney for the Amazon Labor Union stated “since they can’t defeat successful union organizing, they now want to just destroy the whole process.”

Highlights from the event? The NLRB is over 80 years old and other companies like Elon Musk’s SpaceX and Trader Joe’s have made similar arguments.

This one has a special place in my heart. I think of Christian Smalls, AKA Chris Smalls, who was able to unionize Amazon in New York City’s only “red” Republican-voting borough, Staten Island. My hometown. This is a surprise because the Republican political class is staunchly against working people. Right-to-work laws, for example, give a great name to something fairly insidious. The laws don’t actually provide a right to work or any working rights. They’re meant solely and exclusively to weaken union power. Unions raise pay for non-union workers, so unionization is a victory for all working people. But Republican voters are mostly working people who don’t have time to stay up on the politics and the societal impacts of these laws, so this kind of stuff flies under the radar. Chris Smalls broke through that and unionized anyway.

It’s very much like our field in a sense. Many reporters I’ve spoken to are anti-union. They think that being an employee means 9 to 5. They think that being an employee means less freedom. There are very few in the field who have the kind of free time they’d need to understand and conceptualize an employment contract that would give them all of the freedom they enjoy today and more. Thanks, in part, to my own success, I have that kind of time, at least at this moment in my life. I use it to promote discussion about the underpayment of educated working people. As I told a friend that recently accused me of being envious of the wealthy, my salary is more than 3x the median wage of the United States. I got mine. I’m trying to help everybody else get theirs. And I do mean everybody.

We don’t get there until we stop the systemic squeeze on the average Joes and Janes of the world and start talking about how to spark a brighter future in the face of all that we are facing. Don’t ever think I’m not grateful for the rich conditions I’ve grown up in, that is to say, I could have been born in a much poorer country or to a much poorer family. Many around the world struggle daily worse than I will ever struggle. But what can I say? I’m a writer. My ideal is one where I use my position of privilege to advocate for and inspire others to advocate for political and economic conditions that will allow America to do what it has done for hundreds of years and lead the world into the future not through military might and weapons of war but by invention of the technologies that will uplift all of us. It starts at home, folks. More money in more hands means more issues see funding. It’ll mean the market really will decide & provide rather than our current system where wealth concentrates at the top and leaves the bottom of the pyramid crumbling from habitual not-my-problem culture.

Traditional news doesn’t publish what I’m about to write because it’s not in the business of informing people, it’s in the business of clicks and views. That’s why, when I took to the internet to publish about the ongoing fraud on New York and Staten Island jobseekers, pretty much all the outlets I wrote to ignored it. It’s okay to swindle 30,000 people as long as you make the swindling complex enough that a newsroom editor says “let’s run with another story.”

Artwork Commissioned to Expose BlueLedge, digital court reporting training.
Artwork Commissioned to Expose the Speech-to-Text Institute. Months after its creation, the organization was sued and shut down its website.

Back to the Billionaire Brigade. This is the dumbest thing that these companies could do to America.

To understand why we have these laws, you have to go back in time and read about the history of the American labor movement. It was violent. Employers squeezed their employees, didn’t pay enough, and in some cases let them burn to death thanks to how bad the working conditions were.

In turn, some members of the labor movement blew up their employers with bombs and shot at people employed by union busters. What a surprise! When you create unfair conditions for people under the law, they start fighting back in ways that are outside the law. People must abide by the law. But we must address the truth of human nature. Unfair laws lead to revolution and the only way to stave that off is to have fair laws or crush people that would oppose the unfair laws. We allegedly have a mental health crisis in America. If these folks want to turn back the clock back a century and relive what was going on back then with the benefit of modern weaponry and deteriorating medical care for the chronically unwell while social media algorithms fill them with rage bait, we are going to live with the consequences. We have to make a choice on whether we want to live in that kind of environment or if we’d prefer the billionaire brigade to pay a little bit more and treat people a little bit better. Does everyone understand why I’m willing to write mean words yet?

As luck would have it, New York is a state that seems to understand that fair laws matter. It recently increased the statute of limitations for illegal employment discrimination from 1 year to 3 years under the New York State Human Rights Law, also known as our New York State Constitution. This is juxtaposed against the federal law, Title VII of the Civil Rights Act of 1964, which gives employees 6 months. I think this is a good move. I recently had correspondence with a New York City jobseeker from our field. We both believe she was discriminated against on the basis of race. But that decision to go to a lawyer and exercise her rights is a hard decision to make. And, in fact, I know a thing or two about looking for an employment discrimination lawyer. Even after you’ve made the hard decision, if there are bad facts or low damages, law offices might turn you away without giving you an honest reason why, even if they’re rumored to have phenomenal lawyers.

Those that fail to study history are doomed to repeat it. And you don’t have to look far back into America’s history to live in an America that most of us want no part in, and that our predecessors were smart enough to pull us from inch, by inch, by inch.

Are we all just another gradient on the ruler?

P.S.

For the Staten Island court reporters in my audience, feel free to check out r/StatenIslandPulse. I find the moderator to be much more accepting of news and content than r/statenisland. It’s a small group, but they’re pretty cool. Not my group. r/PatriotsAgainstCorps is mine, but it’s more a conversation starter than a group at this point in history.

I also started a Facebook group Staten Island Progressive. I figure I understand the laws well enough and can generally read up on what I don’t understand. With some likeminded friends we could probably make some real differences. For example, a campaign to codify more rights into our constitution or amend our criminal laws to be pro-people or even streamline the court process. That is, find the balance that keeps our Staten Island businesses safe and our criminal justice system reactive to the needs of our population. McMahon seems to be addressing the mental health thing. But will our next district attorney if our voters are perceived as being ignorant about these issues? No joke, I have a friend that was injured in 2018. His case is still open! Six years. Imagine waiting six years for a resolution to an injury case before the trial has even happened and the appeals have even started. I can barely remember what I did yesterday (Factorio)! I learned recently that all a company has to do is say it’s buried in subpoenas and needs 60 days to respond to delay a felony case by two months.

These are things that society needs to talk about, as under our current economic conditions, wealth concentrates at the top, people have less money for their innovative and vital spending. That is, if people cannot afford doctors, lawyers, and professionals of all shapes and sizes, the pay of those professionals may not increase commensurate with the cost of living, which will then create a sort of negative feedback where those white collar professionals can’t hire the blue collar professionals while the people who play with companies, credit, and people’s lives like they’re toys and video games pull even more money from the population and ultimately have more resources to play more games with companies, credit, and people’s lives.

If nothing else, just know that my message is the same as it’s always been. You have the power to make a difference.

And if anybody wants to lay down the funding for a political media company, I bet we could make a return. I know a man who has a voice for podcasting. I know a strong singer. And my ability to think outside the bounds of conventional companies makes me a candidate for directing the thing and managing the payroll, insurance, and all that good stuff. Even something like a for-profit think tank could benefit local businesses and our population in general by pushing alternative media that captures the attention and imagination of powerful people. Say what you want about people like Alex Jones, he made a lot of money. Now imagine if you had someone with morals that was willing to be just as zany and draw just as much media attention for the purpose of benefitting small businesses and the country as a whole, and making sweet returns for the investors that believe in it? I’m just not in a financial position to take a serious go at it. There’s definitely money in this stuff. Why couldn’t I help an investor, or even many small investors, to some of it?

A writer can dream, can’t he?

Thanks for reading.

February 2024 NYC Deposition Reporter Unionization Report

In my “Chaotic Good” post I floated the idea of unionization for “freelancers.” I also provided a form that people could sign up if they were interested in the idea, which I urge my fellow New Yorkers to share and sign on for.

After my post, someone I love very much urged me to seek guidance from a lawyer on this issue. If you want your name here, just let me know.

Another court reporter insisted that my “Chaotic Good” post was filled with supposition and put together by hope and duct tape. I have now spoken to a lawyer whose life mission is worker organization. Let’s just say my supposition, hope, and duct tape is more like the concrete foundation on which we build a better tomorrow for you and your families. Take it or leave it.

As it turns out, much of what I wrote in the aforementioned post is true. As told to me by the attorney:

  1. There are many factors balanced or viewed by a fact finder when deciding if someone is an independent contractor or misclassified employee. What the parties call the relationship does not matter. So, for example, Lexitas’s Independent Contractor Agreement means jack shit. I wonder who could have predicted that.
  2. There are two tracks reporters could take to push the issue. The first would be some kind of class action that could be pushed all the way to the Court of Appeals, New York State’s highest court. The second would be finding enough reporters from a specific New York City office and filing a petition with the National Labor Relations Board (NLRB).
  3. No matter what track is selected, the organizing workers would have to decide whether to form a new organization or form under an existing organization. It is probably better to go with an established union.
  4. Misclassification class action track. This option would take years and quite a lot of money in legal fees. Given the facts I expressed to the attorney, he commented that the misclassification route would probably be better.
  5. NLRB track. This option would be quicker and is more attractive in that sense. In the event of an NLRB petition, the employer will likely say that the petitioners are independent contractors and not employees. the NLRB will hold a hearing to decide the issue. The NLRB is more favorable to workers than many courts, including New York’s courts. The company being unionized may attempt to withhold work from the petitioners, but if it’s found that petitioners are employees (and there are good reasons to believe they would), such action would be illegal union busting, and those retaliated against could be compensated for it. The NLRB track would require dedicated campaigners. This would be smarter to do at a smaller agency first, because it requires a majority of workers at the agency.
  6. Digital court reporters and voice writers. Where agencies use a mix of court reporters, it would make sense to unionize all together. After unionization, a contract could be put in place that sets ratios of reporters, and that contract would have to be followed by law.
  7. Contracts generally. Anything that can be put inside an enforceable contract is fair game. So, again, the right to work from home and refuse jobs, some kind of system could be put in place to allow for that. Many of the “benefits” court reporters enjoy from being “freelancers” can be secured contractually. The lawyer noted something like “it sounds like you are all getting all the drawbacks of being an independent contractor with none of the benefits.” Meaning we take on the self-employment taxes and so forth, but we have little to no customer control or independent branding, and are generally not allowed to subcontract our jobs to others as we would be if we were true independent contractors.
  8. This will take a lot of perseverance no matter what. It may also take a lot of time. Organizers and campaigners must be ready for a fight.

I want to stop and pick on point 6 a little, because court reporters are probably like “no, no, no, no, no.” Let me give you reality. Veritext has been advertising for digital court reporters every day for years. The larger companies of our field are, without any doubt whatsoever, slowly siphoning us out for digital court reporters. If you do have any doubts about this, feel free to reach out to Jackie Mentecky and ask her how things are going in Florida. To summarize: Stenographers cannot get work and are having trouble affording their bills because digital court reporters are being sent on the jobs they would have had. I have personally corresponded with people that are having trouble paying their bills because of agency mistreatment. So if you do nothing, you will be replaced. And even if you are not replaced, the constant influx of court reporters from both our stenographic recruitment drive and Veritext’s cash-dump strategy will create a worker glut that will reduce or freeze your rates. To understand why this is, you have to look at supply and demand. Demand for court reporters is forecasted to pretty much remain the same, with 3% job growth currently forecasted by the Bureau of Labor Statistics. So if the demand is remaining the same, and the supply is going up, eventually our gentle shortage will become a deluge of workers who will all be competing to get the same jobs. This is why New York City is 30 years behind inflation. And that was with stenographers competing with each other, not with a combined workforce.

And if stenographers do not do this, then digital court reporters might do it after our numbers thin out a little more. Who do you think gets to set the ratio if that happens?

Special note to the rest of the country: What’s happening in New York City and Florida is just an accelerated version of what’s coming for you. I know you don’t like to read that, but this is the nature of corporate consolidation of the country. MEDICAL DOCTORS are having difficulty and pay disparity is causing massive worker shortages in pretty much every field. How long do you think your licenses are going to protect you? They barely do now.

I am taking steps to obtain records from the defunct Federation of Shorthand. If obtained, they will likely be shared with the lawyer, and may be shared with this audience. If anyone would like to assist me in this endeavor, please reach out to contact@stenonymous.com. It seems that either we will need to pay for reproduction of the records OR visit in person at 70 Washington Square South.

Real talk. I got mine. You can look my salary up online. I don’t need to help you. I don’t need to care about you. I don’t need to spend time writing blogs or publishing information for you. I didn’t need to save your job from the Speech-to-Text Institute propaganda machine. I didn’t need to make a forum where you could discuss rates freely. You can spend your days whining on Facebook about how the agency won’t pay your rates or you can unionize and lock them into a contract where they have to pay your rates from now until the end of time.

On one end, you have a guy who uses a considerable amount of his free time to help people he’ll never know. On the other end, you have corporations that are factually doing everything they can to create market conditions that reduce your income. I don’t think this is a difficult decision, but I’ve been wrong before.

The Speech-to-Text Institute is an organization that was accused of fraud and illegal anticompetitive conduct, was subsequently sued, and shut down its website in 2023.

Conclusion

Unionization for New York City deposition reporters is possible but will require action on the part of court reporters. You can use me as a shield to organize by filling out that form I linked at the top.

ADD-ONS

A union is not the only course of action that can be taken. We can also push for a New York City or New York State price transparency bill where companies would be required to tell court reporters what the consumer is being billed and tell the consumer what the court reporter is being paid. A second option, suggested by another lawyer, is creating something of a cooperative agency that competes directly with the big box brigade. All of these options are preferable to doing nothing. All of these options require organization, so quite frankly, if you’re interested in 1/3, you should still sign up on my link.

“In times of universal deceit, telling the truth will be a revolutionary act.” -George Orwell

Bulletin: r/court_reporting Joins Reddit & Unionization Plan Posted to Industry Times of New York!

This app ate the draft I made about r/court_reporting! Technology is crazy.

r/court_reporting now joins r/courtreporting and r/stenography as places where machine shorthand writers can be chronically online talk to each other anonymously through Reddit. Made by a not-me court reporter, for court reporters, it’s worth joining the discussion today!

In other news, we already have a couple of pledges and a couple hundred eyes on the post about New York City unionization from yesterday. Word about the idea has been posted to the Industry Times of New York.

I gotta say though, alternative publications like mine thrive off word-of-mouth spread from readers like you. If anyone out there would like to share the Industry Times press release or my post from yesterday, I’d be eternally grateful, even if you share it under the guise of an insult about me so that the agencies don’t catch on. I had the privilege of very briefly speaking with two figureheads from the then-defunct Federation of Shorthand over the years. I got the sense that one of the reasons it didn’t work out was it was hard to reach people. It’s still hard to reach people. But now the internet is so ubiquitous that word can travel faster and farther than was imaginable in the whole history of mankind. Surely, if we can get some shares, we can reach more people than those reporters of the past were able to.

And, you know, like I said yesterday, once this gets rolling it becomes a model that is theoretically reproducible in other states. I’ve already had a reporter reach out about the terrible treatment they’ve received in another state, the pain of doing the “freelance” thing with disabilities, and the hope that the unionization model will take off and protect new reporters.

For anyone that’s doing great in this field, I know you don’t want to let negativity into your bubble. I was the same way. But the purpose of acknowledging these negative situations is to progress toward positive solutions.

Let me remind everybody that the paragons of silence and ignorance that instinctively cling to their failing traditions are the ones that brought us to a place where we have very little institutional support, a falling median wage, and the public perception that this profession cannot meet the demands of a modern world. Yet we persist, insistent on assisting each other through a time of rapid change and artificial upheaval of our previously unchallenged prevalence. We must listen to the stories of struggle, lest we see a cascading failure and consequent erasure of our principles and paradigm.

Now say that 5x fast.

Shortage Solutions 13: Unionization

One factor I’ve identified as a reason for stenographer shortage is terrible compensation. While it may be difficult for some court reporters to learn, there are people in this field working decades behind inflation. There are reporters that haven’t had a raise for the better part of a decade or more. When it comes to reporter treatment, there’s a spectrum of treatment as wide as the reporter spectrum of skill, and the two don’t necessarily correlate.

Unionization is an interesting topic because many of us consider ourselves independent contractors. There are lots of resources out there for understanding employee misclassification and common law employees versus independent contractors. The IRS even lists public stenographers under independent contractors because we’ve become so ubiquitously associated with independent contracting. Generally, independent contractors cannot form a union, and recent federal rule changes have made that clear. In New York, we had the Federation of Shorthand for deposition reporters, but it no longer exists.

The question of whether someone is an employee or independent contractor is something of interest to many government agencies and courts, and something that is not always clear in the court reporting and captioning industry. What two parties call a relationship is mostly irrelevant for determining what that relationship is under the law. As an example of the kind of things that courts consider, let’s check out the Ninth Circuit:

Real v Driscoll Strawberry Assocs., Inc., 603 F.2d 748, 754, 9th Circuit, 1979. Independent Contractor Test

Using a test like this, one starts to see the different interpretations possible. Recent rule changes focus even more so on the right to control work of the “employer” and the profit or loss or the employee. Some may be incredulous, “we control our hours! We’re independent contractors!” But such a blanket answer does not and never will address the truth, that many agencies demand a specific layout, specific page rates, or bar reporters from sending others on jobs accepted by the reporter. There’s a lot of control that reporters give up for the “right to work,” and in some cases it arguably would make us employees if and when it were challenged in court. Companies have settled such claims in the past, probably to prevent precedent from taking hold and court reporters realizing that the “freedom” of “independent contracting” effectively silences discussions on worker pay and working conditions, conveniently placing the blame on the “entrepreneur,” who could be a 20 year old, newly graduated, with no comprehension of the business. How well can we expect them to do when instructors tell them how high the demand is for their skills and companies beat them down and deny that value in the name of the almighty dollar?

Captioners aren’t released from this discussion either. Some captioners work as employees, some work as independent contractors, and the distinctions aren’t always clear or consistent in the same company, let alone across multiple companies.

There’s no doubt in my mind that unionization can help more of us. I am a member of ASSCR, and prior to that I was a member of Local 1070. Prior to that, I was New York freelance. Nothing is ever perfect, but my job security and compensation rose tremendously when I gave up freelancing for officialship. If the two had been remotely close, I’d still be a deposition reporter. I loved it. Love doesn’t pay the bills.

The main jab that people give when discussing unionization is the right to refuse work. Reporters don’t want to give that up. But an employment contract drafted by a smart union for per diem or commission-based employees, which is essentially what many of us are, could simply include the right to refuse work. People could still be paid by page. There is not a single “right” granted by being independent contractors that could not be covered in an employment contract. A lot of the smaller gripes around unionization seem to be from thinking too deeply inside the box and assuming we’d have to conform to low hourly wages, which is simply a lie perpetuated by people afraid of the word “union.”

The main hurdle with regard to unionization, and what makes it unlikely in my view, is reporter organization and willpower. At least 30% of the reporters at a given company or location would have to come together, make the case that they were common law employees, and request a vote to join a union. Then they’d have to actually win the vote! A lot of people in the private sector don’t know who works for who. We don’t even have great data on the total number of court reporters that exist. How can we expect someone to unionize a location they never go to or confer with colleagues they never see? Even more confusing, some court reporters will easily meet the definition of independent contractor while others could be defined as employees. Some court reporters are simply afraid to discuss unionization because of potential retaliation.

Our realtimers might scoff at such a discussion, but if we think of court reporting as a pyramid where the realtimers sit on top, and we think of the exploited common law employee class of reporter as the bottom, it’s easy to see why realtimers need that bottom to be strong. How long will realtime rates remain high if the floor drops out from under you? The only “good” answer I’ve seen to this question is “well, I should be able to make it to retirement, so I don’t care.” My answer to that is “a society grows great when old men plant trees in whose shade they will never sit.” But even if a reader is a self-centered prick that doesn’t care about that, how much more money do you think realtimers will be able to ask for once the base pay is back where it should be? It’s in the self-centered prick’s interest to add fuel to this fire too.

I also believe our associations, the primary drivers for our defense currently, would never assist or support such endeavors. Unions are likely seen as a threat. Once a union exists, is an association necessary? But the very thing driving association membership into the ground is the inability of associations to directly influence rate discussions and their unwillingness to collect and distribute rate data. There’s even some chance association membership would rise, since people would likely have more to spend. If associations want to remain relevant, it may make sense to start looking out for reporters, and particularly the ones that are struggling, instead of milking the certification cow until it’s dead.

On the digital front, unionization could lead to negotiations where stenographers are given work preference by contract instead of the situation we have now, where the companies “promise” we’re number one and quietly do everything they can to push us out of the market.

I think the threat needs to be on the table for the larger companies. They will have no choice but to raise rates as unionization discussions spread. It’s working in other industries and will work in ours. In the short term, we could expect dirty tricks. In the long term, we could expect higher wages for all reporters, union and non-union. Feel free to like, comment, or share if that’s a future you want!

Addendum:

Shortly after the launch of this post, a reader sent me this TikTok. In brief, adjusting prices upward can attract a different quality of customer. So those that fearmonger pricing ourselves out of the market might be interested in viewing that.