Expedited Turnaround, a Sick Child, and a Request to Alter the Record
You are an independent contractor for a reporting agency. Friday at 4:00 p.m., the agency sends you a 96-page deposition and asks for the certified original plus two copies by 10:00 a.m. Saturday - 18 hours - at your standard expedited rate. Your child has a 102-degree fever and your backup reporter is unavailable. Separately, the client's paralegal calls and asks you to 'take out the part where the witness says he doesn't remember signing, because it's not helpful and it's probably just confusion.' The agency has paid you on time for six months. Your state requires retention of notes for a set period.
1. How do you handle the 18-hour deadline?
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The governing question is competence, not eagerness. Take the assignment only if you can actually produce a verified 96-page transcript in the window - and recognize that verification, not typing, is the binding constraint, because the expedited rate buys the client your accuracy at speed, not a faster guess.
Sequence your response:
- Answer the agency immediately, before 4:30, with a realistic estimate. A Friday-evening call that gets a 'yes' at 4:10 and a missed deadline at 10:00 is the worst outcome available.
- Offer options: a partial delivery of the first fifty pages by 10:00 a.m. with the rest by noon; a scoped proofreading plan that preserves certification; or, if the agency agrees in writing, disclosure that you will retain a subcontractor for a defined portion.
- Do not subcontract silently. The agency is contracting with you, and in many jurisdictions the reporter who certifies must be identified; an undisclosed substitute changes who is attesting.
- Weigh the personal side honestly. A sick child is a legitimate reason to decline or renegotiate, and the six-month payment history is a reason to communicate early rather than to overpromise.
2. How do you respond to the paralegal's request to delete the testimony about not remembering signing?
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Refuse, clearly and in writing, and do not soften it into a maybe.
- State the rule plainly. You certify the transcript as a true record. Removing an answer because it is unhelpful is not editing; it is falsifying the record, and it exposes you, the agency, and the attorney to serious consequences.
- Redirect to the legitimate tools. The witness has the right to read and sign and to submit errata; counsel can examine on the answer, object, or argue about it later. Those mechanisms exist precisely so the record does not have to be altered.
- Go up the chain. A paralegal cannot direct alteration of a transcript. Confirm the conversation with the attorney of record, which both protects you and gives the attorney a chance to correct a subordinate.
- Preserve evidence of the request - date, time, caller, and your response - in the job file. Do not treat this as routine.
- Do not retaliate or threaten. Deliver the transcript on the merits, and if pressure continues, consult your state association's ethics resources.
3. What retention, billing, and documentation practices should govern this job?
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Retention. Keep your Stenograph notes, the audio backup, exhibits, and the final transcript for the full period your state requires - and note that the clock generally runs from delivery, not from the deposition date. The retention rule is not optional because storage is inconvenient, and it is what lets you answer a challenge six months from now.
Billing. Quote the expedited rate in writing before you start, including whether it is a surcharge on the page rate, a flat premium, or hourly. If you deliver in two installments, say up front how they are billed. Do not bill the expedited rate for ordinary turnaround later reclassified as expedited, and do not absorb an agency's promise to the client that you never agreed to.
Documentation.
- The written assignment and deadline.
- The expedited quote and the client's acceptance.
- The paralegal's request and your refusal.
- Any partial-delivery agreements.
The pattern across all three is the same: this job has a deadline problem, an integrity problem, and a paper-trail problem, and only the third one is solved by memory.