The Hidden Truth About Unpaid Transcript Copy Orders in the Legal Industry

The legal industry relies heavily on court reporters to provide accurate transcripts of depositions, hearings, and trials. These transcripts are vital for attorneys, clients, and the justice system. However, a lesser-known issue plagues the industry—unpaid copy orders. Recently, I encountered a situation that piqued my curiosity about how frequently this occurs and how much of it goes unnoticed by court reporters.

The Unexpected Call and What It Revealed

I recently received a direct call from an attorney requesting transcripts from a case I worked on last year through an agency. While I was happy to help, it left me wondering—how did this attorney get my personal contact information? More importantly, how many times have attorneys or firms placed orders without my knowledge?

Typically, when a transcript is needed, copies are ordered through the original reporting agency. However, there are occasions where the system is bypassed—intentionally or unintentionally—leading to unpaid invoices and lost income for reporters. While I haven’t encountered many instances where copies weren’t paid, I estimate this happens a few times a year. If this is my experience, how many others in the industry are unknowingly affected?

A Startling Allegation and Concerns About Unpaid Invoices

While discussing this issue with a colleague, I learned about a troubling claim involving a court reporting agency. A friend of mine knew someone who worked in the accounting department of a large regional agency and later resigned after alleging that they discovered a significant sum in unpaid copy orders that had not been disbursed to reporters. It was in excess of $3 million. The employee reportedly took a document showing this and shared it with my colleague.

If true, this revelation suggests that some agencies may be receiving payments for copy orders and not passing along the appropriate fees to the reporters who created the transcripts. While these claims have not been independently verified, they highlight ongoing concerns about financial transparency in the industry.

How Often Does This Happen?

The more I spoke with others in the field, the more I realized how common these scenarios are. Many reporters receive copy order requests directly and dutifully funnel them through their agencies, expecting the proper payments. However, there are cases where payments are never made, or agencies claim they never received the order.

A close friend of mine experienced this firsthand. She submitted a copy order to her agency after-the-fact, only to be met with denial. The agency claimed they had no knowledge of the order, even though she had documentation proving otherwise. If she had never followed up, that income would have been lost entirely. Her experience underscores the importance of keeping meticulous records and verifying payments.

Why Does This Happen?

Several factors contribute to this ongoing issue:

  1. Lack of Transparency – Many reporters assume that agencies will handle payments ethically, but without a clear system for tracking copy orders, it’s easy for agencies to misappropriate funds.
  2. Direct Attorney Orders – Attorneys sometimes reach out directly to reporters, bypassing the agency. While this isn’t inherently problematic, it raises questions about how frequently it occurs without the reporter’s knowledge.
  3. Agency Oversight (or Lack Thereof) – Some agencies may simply be disorganized, while others may have systemic issues that result in missed or withheld payments.
  4. Legal Industry Complexity – The legal industry is complex, and many moving parts can make it difficult for reporters to track who has paid for what.

What Can Court Reporters Do?

Given the prevalence of this issue, court reporters must take proactive steps to protect themselves from lost income:

1. Keep Detailed Records

Maintain thorough records of all transcripts you produce and track when and to whom copies are sold. Keep emails, order confirmations, and invoices organized for reference in case of disputes.

2. Follow Up on Payments

Do not assume agencies are processing copy orders correctly. Follow up on outstanding invoices, and if necessary, request confirmation that payments have been received and disbursed.

3. Communicate Directly with Attorneys (When Possible)

If an attorney contacts you directly, take note and ensure the agency is informed (if necessary). Keeping an open line of communication can prevent misunderstandings and lost payments.

4. Advocate for Transparency in the Industry

Court reporters should advocate for more transparent policies regarding copy order payments. Agencies should provide clear documentation of incoming payments and their distribution to reporters.

5. Consider Working Independently

While agencies provide valuable resources and job opportunities, some reporters find it beneficial to work independently to ensure they receive direct payments for their work.

The Importance of Awareness

Unpaid copy orders are an unfortunate reality in the court reporting industry. While some instances may be due to oversight, others appear to result from a lack of transparency. The allegation about the undisclosed fund of unpaid invoices highlights the need for greater scrutiny and accountability in the industry.

Court reporters must stay vigilant, track their work, and ensure they receive proper compensation. By fostering transparency and accountability, we can work toward a fairer system that respects the hard work of court reporters and ensures they are paid for every transcript they produce.

If you’re a court reporter, have you experienced similar situations? Have you found strategies to ensure you’re compensated fairly? Let’s continue the conversation and raise awareness about this pressing issue in our industry.

Published by stenoimperium

We exist to facilitate the fortifying of the Stenography profession and ensure its survival for the next hundred years! As court reporters, we've handed the relationship role with our customers, or attorneys, over to the agencies and their sales reps.  This has done a lot of damage to our industry.  It has taken away our ability to have those relationships, the ability to be humanized and valued.  We've become a replaceable commodity. Merely saying we are the “Gold Standard” tells them that we’re the best, but there are alternatives.  Who we are though, is much, much more powerful than that!  We are the Responsible Charge.  “Responsible Charge” means responsibility for the direction, control, supervision, and possession of stenographic & transcription work, as the case may be, to assure that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a licensee in the profession, and by sealing and signing the documents, the professional stenographer accepts responsibility for the stenographic or transcription work, respectively, represented by the documents and that applicable stenographic and professional standards have been met.  This designation exists in other professions, such as engineering, land surveying, public water works, landscape architects, land surveyors, fire preventionists, geologists, architects, and more.  In the case of professional engineers, the engineering association adopted a Responsible Charge position statement that says, “A professional engineer is only considered to be in responsible charge of an engineering work if the professional engineer makes independent professional decisions regarding the engineering work without requiring instruction or approval from another authority and maintains control over those decisions by the professional engineer’s physical presence at the location where the engineering work is performed or by electronic communication with the individual executing the engineering work.” If we were to adopt a Responsible Charge position statement for our industry, we could start with a draft that looks something like this: "A professional court reporter, or stenographer, is only considered to be in responsible charge of court reporting work if the professional court reporter makes independent professional decisions regarding the court reporting work without requiring instruction or approval from another authority and maintains control over those decisions by the professional court reporter’s physical presence at the location where the court reporting work is performed or by electronic communication with the individual executing the court reporting work.” Shared purpose The cornerstone of a strategic narrative is a shared purpose. This shared purpose is the outcome that you and your customer are working toward together. It’s more than a value proposition of what you deliver to them. Or a mission of what you do for the world. It’s the journey that you are on with them. By having a shared purpose, the relationship shifts from consumer to co-creator. In court reporting, our mission is “to bring justice to every litigant in the U.S.”  That purpose is shared by all involved in the litigation process – judges, attorneys, everyone.  Who we are is the Responsible Charge.  How we do that is by Protecting the Record.

Leave a comment