An Ex Parte Request to Alter the Record and Share Notes
You are a freelance certified shorthand reporter hired for a deposition in Tulsa. After the deposition, plaintiff's attorney calls your cell phone. He asks you to change one answer from 'I don't recall' to 'I don't remember,' to delete a comment made during a break that the witness did not know was being recorded, and to send him your rough notes because he wants to 'see what else was said.' Opposing counsel is not copied on the request. Your stenographic notes and CAT file are backed up automatically to a cloud account, and the deposition was not designated confidential. The transcript is due in five days; the attorney says he will approve the bill faster if you cooperate.
1. How should you respond to the request to change the answer and delete the break comment?
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I should decline the changes as requested and explain why. 'I don't recall' and 'I don't remember' are not identical in every context, and the reporter's duty is to preserve the witness's actual words. A transcript may be corrected by stipulation of all parties or by court order, not by one attorney's ex parte request. The break comment is more delicate: if it was truly off the record, it should not have been captured, and I should not selectively delete it for one side. If my equipment recorded it inadvertently, I should disclose the situation to all counsel and follow the applicable rule or the court's direction. I should not accept the promise of faster payment as a reason to alter the record; that would compromise independence and could expose me to discipline. I would document the request and my response, preserve the original file, and offer the attorney the proper correction procedure.
2. Should you send the rough notes? What about the cloud backup?
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I should not send rough stenographic notes simply because one attorney asks. The attorney is entitled to the certified transcript under the applicable rules and any notice or stipulation, not to my personal notes or unedited CAT file. Rough notes may contain shorthand, abbreviations, and mental impressions that are not part of the transcript, and releasing them ex parte could create an inaccurate record and violate confidentiality. If the notes are subpoenaed or ordered produced, I comply with the process and notify the parties as required. The cloud backup raises a separate duty: the files must be encrypted, access-limited, and stored under a provider that meets reasonable security standards. The fact that the deposition was not designated confidential does not make the files public; confidentiality duties still apply to the deposition process. I would review the backup settings, confirm that only I have access, and retain the files for the required period.
3. What ethical duties are implicated by the offer to expedite payment?
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The offer implicates independence, integrity, impartiality, and confidentiality. A reporter may charge and collect legitimate fees, including expedited fees, but may not trade accuracy or record integrity for prompt payment. Accepting the offer while making the requested edits would create an appearance that the record was for sale. The reporter should also avoid ex parte communications that give one side an advantage, should not give legal advice about the effect of the change, and should not disclose the deposition content to anyone not entitled to it. If the attorney persists, I should politely restate the correction procedure, keep a written record, and consult the applicable Oklahoma court reporter rules or a supervisor if necessary. The proper course is to produce an accurate transcript on time, bill according to the agreed rate, and let the parties resolve any substantive dispute through the court.