Small Agencies in Crisis – Competing Fairly in an Unfair Market

Posted bystenoimperiumPosted inAI and the Legal System, Court Reporting, Judicial Ethics Watch, Legal ServicesTags:, , , , , , , , , , , , , , , , , , , ,

Introduction – The Squeeze

  • Small agencies face impossible odds: Big Boxes flood the market with gifts, deferred payment schemes, digital reporters, and AI add-ons.
  • Doing nothing means extinction. Copying Big Box tactics means violating ethics and alienating reporters.
  • This article is about survival — and that may mean turning the old model on its head.

1. Compete on Ethics, Not Perks

  • Stop trying to match Big Box perks you can’t afford or legally shouldn’t do (lavish gifts, AI summaries, etc.).
  • Rebrand ethics as a competitive advantage. Market yourself to attorneys as the “ethical choice” — no conflicts, no gimmicks, no digital bait-and-switch.
  • Attorneys who’ve been burned by hidden fees or sloppy transcripts will pay for trust and integrity.

2. Shorten the Pay Cycle

  • Instead of “pay when paid,” flip the script: pay reporters faster than anyone else — 15 days, even 7.
  • Make this your marketing pitch: “Reporters first.” Word will spread, and you’ll attract top talent who want to work with you.
  • Yes, it strains cash flow — but creative solutions (see below) can cover the gap.

3. Build Direct Attorney Relationships

  • Don’t just rely on “agency brand.” Put your name, your ethics, and your promise front and center.
  • Position yourself as a boutique shop: personal service, personal accountability, personal quality control.
  • Offer CLEs and training to attorneys — not cookies. Education builds credibility and gets you in the door without violating gift rules.

4. Create Networks, Not Empires

  • You don’t need 200 reporters to compete. You need 5 other agencies you can call when you’re booked.
  • Form cooperative networks where each agency keeps its own clients but shares coverage.
  • This decentralizes the Big Box model: small firms can scale up for big cases without consolidation.

5. Flip the Financial Model

  • Think like a start-up:
    • Offer flat monthly subscription retainers to attorneys (guaranteed access to a reporter for X hours per month).
    • Create “reporter loyalty programs” — the opposite of delayed pay, where reporters get bonuses for repeat work.
    • Explore escrow-style payments so reporters know funds are secured before they ever walk into a depo.
  • Agencies that innovate financially will outmaneuver those that just shuffle paper.

6. Own the Transcript, Don’t Just Host It

  • Big Boxes profit off archives, concordances, and exhibit hosting.
  • Small agencies can differentiate by offering secure, reporter-first transcript storage that still gives clients easy access — without monetizing behind reporters’ backs.
  • Emphasize transparency: attorneys know exactly what they’re paying for, reporters know they’re not being cut out.

7. Leverage Technology on Your Terms

  • Don’t try to mimic AI summaries that violate ethics. Instead:
    • Use secure tools to speed production (dictionary building, indexing software).
    • Offer dashboards to attorneys for easy scheduling and transcript access.
    • Market the fact that your transcripts are human-verified — “AI can draft, but only humans certify.”
  • Tech isn’t the enemy — misusing it is.

8. Get Loud, Together

  • Small agencies have stayed too quiet, letting Big Boxes define the narrative.
  • Speak at bar associations. Publish white papers. Team up with reporters to educate lawyers and judges about what’s at stake.
  • The Big Boxes have PR machines. Small agencies have the truth.

9. Think Smaller to Survive Longer

  • Many agencies overextend — fancy offices, bloated staff, unsustainable overhead.
  • Cut ruthlessly: remote staff, cloud tools, smaller footprints.
  • Survive leaner and you can outlast those who collapse under their own weight.

10. Recruit the Next Generation

  • Small agencies can be the training ground for new stenographers.
  • Create apprenticeship programs, mentorship opportunities, and student discounts on transcripts.
  • Building loyalty now ensures you have future reporters when Big Boxes run out of labor.

Upside Down May Be Right Side Up

The old model — competing with Big Boxes on their terms — is dead. Small agencies can’t out-gift, out-delay, or out-digitize the conglomerates. But they can out-ethic, out-network, out-innovate, and out-survive them.

We don’t need fewer agencies. We need thousands more. If every freelance reporter claimed agency status, built a small book of business, and joined a cooperative network, we could regrow from under 1,500 agencies back to 3,500 and beyond.

The path forward isn’t extinction or consolidation. It’s a return to roots — independence, ethics, and collaboration — updated with new tools and new resolve.

StenoImperium
Court Reporting. Unfiltered. Unafraid.

Disclaimer

“This article includes analysis and commentary based on observed events, public records, and legal statutes.”

The content of this post is intended for informational and discussion purposes only. All opinions expressed herein are those of the author and are based on publicly available information, industry standards, and good-faith concerns about nonprofit governance and professional ethics. No part of this article is intended to defame, accuse, or misrepresent any individual or organization. Readers are encouraged to verify facts independently and to engage constructively in dialogue about leadership, transparency, and accountability in the court reporting profession.

  • The content on this blog represents the personal opinions, observations, and commentary of the author. It is intended for editorial and journalistic purposes and is protected under the First Amendment of the United States Constitution.
  • Nothing here constitutes legal advice. Readers are encouraged to review the facts and form independent conclusions.

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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.

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