Should have added that my prior comment applies to an audio recording only.
If the reporter was doing a video recording, that is a whole different ball of wax.
Chuck Faillace
Partner
Barker Patterson Nichols, LLP
Cell: 929-417-7404
E-mail: c.faillace@bpn.law
Begin forwarded message:
From: Charles Faillace
Date: June 6, 2024 at 6:41:29?PM EDT
To: list
?
Matts experience is exactly the same as mine.
These days I always secure a Stipulation on the record that neither attorney can request, access or use the recording, that it solely for the Court Reporters use. Never had an issue with getting the agreement from any plaintiff attorney.
Chuck Faillace
Partner
Barker Patterson Nichols, LLP
Cell: 929-417-7404
E-mail: c.faillace@bpn.law
On Jun 6, 2024, at 6:15?PM, list
? *** Member’s Message ****
Sender: Matt Rainis
Date: 6/6/2024 6:04:29 PM
Plaintiffs lawyer may not have slipped in anything. My experience is that many (if not all) court reporters at virtual depositions make a recording of the testimony solely for the purpose of assisting them in preparing the transcript (to clarify their stenographic notes if necessary) and that this recording is for the reporters use only and cannot be used for any other purpose. If it is not specified by the reporter during their recitation of stipulations, I ask everyone to acknowledge on the record that any recording is solely to assist the reporter in preparing the transcript and that only the transcript can be used for purposes of the litigation.
Matt Rainis
Direct Phone (631) 694-0033 Ext. 239
mrainis@lwrlawyer.com
Lawrence, Worden, Rainis & Bard, PC
175 Pinelawn Road, Suite 308
Melville, New York 11747
(631) 694-0033
(631) 694-9331 (fax)
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From: list
To: list
*** Member’s Message ****
Sender: Victoria Lombardi
Date: 6/6/2024 5:26:09 PM
Hi everyone:
I am letting you know of an experience with Caitlin Robin from Caitlin Robin & Associates. She did a deposition today via zoom of my client. I was not really paying attention when the court reporter gave her explanation of the zoom stipulations as they are usually the same in every case. What I did not realize until I received the transcript from the court reporter, is that I had actually (and inadvertently) stipulated to the deposition being recorded. The reporter apparently did say something about that, but I was not paying attention as I thought it was the usual stipulations. Ms. Robin NEVER sent a notice that she was planning to record the deposition and never provided the name of the person who was going to record the deposition, so I did not expect the court reporter to just slip it in. It does not matter in this case as my client was an excellent witness and I even asked some questions so actually, the recording does not help her and works out better for us.
I am just relaying this experience to all of you so that you can be forewarned when you are dealing with her or anyone representing her firm.
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