Letter from YOM's Executive Team

It is with heartfelt thanks that we wish each of you and your families a wonderful holiday season. We would not be where we are without your continued patronage and loyalty. Every day we are aware that you could make a different choice for your court reporting and video services, and every day we are grateful that you choose YOM.

Yamaguchi Obien Mangio is committed to our own ethical code and to Civil Rule 28(d)'s mandate to treat all parties consistently and fairly. Are you familiar with Civil Rule 28(d) Equal Terms Required? Particularly in this tough economy, customers everywhere are looking for discounts and oftentimes must use a "certain reporting firm." There is nothing wrong with this so long as one party is not subsidizing special fee arrangements made by the contracting party. To learn more about this Civil Rule that applies to court reporting firms, attorneys, law firms, insurance companies, or anyone paying for court reporting services, read on.

We look forward to serving you now and in 2010.

Warmest wishes,
Ernie, Julia & Cheryl

www.yomreporting.com

May a law firm or client negotiate reduced rates for court reporting services in Washington State?

Particularly in a tough economy, it is no surprise that customers for legal reporting services, like customers everywhere, are looking for discounts. A law firm that uses reporters' services frequently or a large corporation that is a "repeat customer" in litigation might ask for reduced rates in light of their high volume of business.

There is nothing wrong with asking for a discount, nor with a court reporting agency offering or agreeing to discount rates, so long as the price for services in any given case is the same for all parties in the case:

(d) Equal Terms Required. Any arrangement concerning court reporting services or fees in a case shall be offered to all parties on equal terms. This rule applies to any arrangement or agreement between the person before whom a deposition is taken or a court reporting firm, consortium or other organization providing a court reporter, and any party or any person arranging or paying for court reporting services in the case, including any attorney, law firm, person or entity with a financial interest in the outcome of the litigation, or person or entity paying for court reporting services in the case.

Civil Rule 28(d).

This section of the rule was enacted in 2001 after concerned court reporters at the Washington Shorthand Reporters Association proposed a rule change that would prevent preferential treatment of one party to a lawsuit at the expense of the other:

The Association was concerned about a practice occurring both in Washington and around the country whereby certain parties contract with a court reporting service for exclusive arrangements in the preparation or delivery of transcripts, preferred fees for such services, or similar special treatment. In the view of the Association, a member entering into such a contract would violate the Association's ethical code requirement to deal impartially and equally with all parties. The committee agreed that such practices raised two important issues: (a) that court reporters be impartial, and (b) that non-contracting parties not "subsidize" special fee arrangements made by a contracting party. The proposed amendment thus requires that any arrangement or agreement concerning court reporting services, or the fees for those services, be offered to all parties in a case on equal terms.

Drafters' Comment, 2001 Amendment.

Yamaguchi Obien Mangio is committed to our own ethical code and to the rule's mandate to treat all parties consistently and fairly. We strive to offer competitive rates so that all parties to litigation can afford to make use of our professional quality services. If we do agree to reduce our rates for a given case at either party's request, we charge the same price to all parties for the same services.