Court Reporter Firms – A Most Valuable Resource For Small Law Firms

It would seem that law firms would have no problem hiring the best court reporters. But that’s often not the case, especially for smaller law firms that don’t have a human resources department. Although smaller firms know what they want in a reporter, finding the time and resources to determine whether a reporter meets their qualifications can prove difficult, and usually results in their using one of two methods to find the right reporters: seeking professional references from other law firms that require litigation services, or seeking reporters through the aid of court reporter firms. While professional referrals can be helpful to finding top rate reporters, seeking a reporter through court reporter firms is usually the better option for two reasons: many reporting firms offer additional litigation services associated with court reporting, and contacting a reporting firm is the best way to choose from the largest number of qualified candidates.

In some cases, court reporter firms that offer additional legal services are contacted to secure these services alone. But the most common reasons that law firms turn to reporting firms is for assistance with depositions reporting, which begins with hiring the right reporter for a company’s type of depositions. In terms of deposition type, the first selection criterion is whether a law firm conducts video or non-video depositions. In today’s legal scene, the assumption that a reporter has experience in video depositions is automatic. But insuring that the experience exists through a reporting agency is the safest bet. The next selection criterion is whether a reporter has experience with a law firm’s case area. For example, a health law firm would be wise to hire a reporter that has training and experience in medical terminology. The third selection criterion is what type of reporting technology is desired, such as digital reporting, voice writing, real time reporting, etc.

The three selection criteria mentioned above are the basic building blocks for choosing the right court reporter. But there’s also a fourth selection criterion that isn’t as straightforward as the rest: determining whether a reporter has the right personality. From a distance, a court reporter’s personality would seem to be one of the last things that determined his or her court reporting ability, as a reporter’s job doesn’t involve interacting with attorneys or deponents during the reporting process. However, there are various instances of poor transcript quality and even emotional reactions from reporters due their previously unnoticed personality flaws. While the majority of reporters are professional enough to handle circumstantial feelings of boredom, bias, unexpected anger, etc., some reporters aren’t as adaptable. To avoid such reporters, reputable court reporter firms evaluate their candidates’ personality in addition to their credentials and work experience.

What Are Effective Case Law Citations in Essay Writing?

In view of the problems that many students all too often experience in this area, in this brief article I look to now take you through the intricacies of referencing case law in all subjects with a legal element to their study in the UK in particular. Therefore, this will prove especially useful for those studying English law or any subject areas with an English law element when writing your work.

With this in mind, when looking to cite case law in your work it is necessary to consider the traditional form of referencing case law for essay writing in legal subjects that looks to provide –

(a) Name of Case

This should be printed in italics or underlined (do not highlight or use different coloured ink)

(b) Year

This should be in square brackets [1992] or round brackets (1957). The majority of modem law reports use square brackets indicating the year is an integral part of the reference, but some series also adopt a system of volume numbering that runs consecutively through the series in which case the year is in round brackets and simply indicates the date the judgement was given.

(c) Volume Number

Many reports have several volumes each year numerically. As a result, the year will be in [square brackets] and will be an integral part of the reference, whilst those case law series that are numbered consecutively from the beginning will have the year in (round brackets).

(d) Abbreviation for the Series

This indicates the series in which the law report is published – the All England Reports (All ER) is very popular. For your further information a full list of abbreviations can be found in Raistrick. D. S (2007) ‘Index to Legal Citations and Abbreviations’ 2nd Edition, London, Bowker-Saur or in the monthly parts and yearbook of ‘Current Law’.

(e) Page Number or Case Number

The page number is the number within the volume of the report where you will find the case.

Since 2001 some series have started using unique numbers of each case within each year. Therefore, for example, ‘[2005] 2 Cr. App. R. 4’ refers to the fourth case of volume 2 of Criminal Appeal Reports 2005.

At the same time, however, recent reports also number each paragraph, so that the precise point in the case may be cited. As a result, this is especially useful if you are quoting directly from a particular judgement. At the same time, however, it is to be appreciated that, in the past, particular passages could be identified by reference to the letter to be found in the margin.

(f) [Optional] Court

On this basis, it is always important to know which court made the decision and it is good practice to develop the habit of including an indication of the court at the end of the reference – for example, House of Lords (HL) and Court of Appeal (CA).

Examples – There are generally too forms of case law decisions to be cited –

(i) For civil case law decisions in a case like ‘Johnson v Phillips [1975] 3 All ER 682’, by way of illustration, it is usually the claimant (plaintiff) v defendant. As a result, the ‘v’ stands for ‘versus’ or ‘against’, whilst the case is normally referred to in direct speech in a court scenario, for example, as ‘Johnson & Phillips’.

(ii) For criminal case law decisions in a case like ‘R v Lynch (1966) 50 Cr. App. R. 59’, by way of illustration, it is usually the Crown v the defendant. Moreover, as well as the ‘v’ standing for ‘versus’ or ‘against’, ‘R’ stands for ‘Rex’ (‘the King’) or ‘Regina’ (‘the Queen’). This case would then usually be referred to in direct speech in a court scenario, for example, as the ‘Crown against Lynch’ or just ‘Lynch’.

Neutral Citations

Moreover, it is also to be appreciated that, from January 2001, there has been an alternative method available for effectively referencing cases that was introduced to cope with the growth in the number of online reports that also proves very useful for the essay writing process. As a result, all of the case law decisions from the High Court and Court of Appeal have been assigned unique numbers so as to then be able to more easily identify the case since this new method of case citation for academic work also uses paragraph numbers within the case citation itself as part of the essay writing process in this area.

Example:

Grobbelaar v. News Group Newspapers Ltd [2001] EWCA Civ 1213.

Therefore, all case law is to be cited by the name(s) of the parties followed by the medium neutral citation in the essay writing process. Moreover, as well as the year when the case was cited, the reference in essay writing not only shows the legal jurisdiction, but also the court, the division of that court, the reference number assigned to the case by the official court shorthand writers, and (also often) a paragraph reference.

The Whistleblower Protection Law

It was not until 1986 when a law protecting whistleblowers is made. Congress added an anti-retaliation protection to the then existing False Claims Act.

A whistleblower is a person who tells on something he believes is an illegal act. The employees are the most commonly known whistleblower. They tell on their employers which they suspect is doing or committing an illegal act.

Under the Whistleblower Protection Law, the employee should not be discharged, denoted, suspended, threatened or harassed in any form that discriminates the terms and conditions of his employment because of the legal act done by the employee.

The employee may be of aid in many ways possible on the investigation, testimony and the likes. However there are some constraints under the whistleblower protection law.

Reporting illegal acts that are only within the company is a ground for exemption. But still there may be public policies that could protect the employee from retaliation

If it turns out that an employer didn’t actually break a law, the employee is still entitled to whistle blower protection from retaliation, if he reasonably believed that the employer committed an illegal act.

The whistleblower protection law does not cover employer retaliation for complaints about personal loathe. Office politics is not to be used as a basis for filing a complaint against the employer and use the whistleblower protection for personal gain.

In order for the employee to be protected from employer retaliation, he may the have a suspected desecration of any Federal Law. But the supposed violation should have provisions that the law violated will protect whistleblowers.

The Whistleblower Federal Law, unlike the False Claims Act, allows the whistleblower to file a lawsuit in a federal court. The Federal Whistleblower Law does not permit the whistleblower to go directly to the court.

The individuals concerned are pursued administratively. These individuals concerned could file a complaint or charge to retaliate with or without a lawyer to represent them. However if the case is not resolved immediately, the administrative law judge may then preside over the only evidentiary hearing that may take place.

A whistleblower should not attempt to delay an investigation of the possible legal remedy. To maintain this ruling, the retaliation should then be brought to the attention of an appropriate government official within 30 days, else the complaint could not be pursued.

Most states have some sort of statutory or common law “whistleblower” or anti-retaliation laws. Like the federal whistleblower laws, not every lawyer will know about these laws, especially laws outside their own state.

These states and the District of Columbia have recognized a public policy exception to the “employment at will doctrine”: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

Some states have explicit statutory protections for whistleblowers. These include: California, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, Tennessee, and Washington.

There are also state laws that offer special protections just for their own state or local government employees: Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wisconsin.