JOIN FCRA IN CLEARWATER BEACH!

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OFFICIAL PUBLICATION OF THE FLORIDA COURT REPORTERS ASSOCIATION
MAY/JUNE/JULY 2012
JOIN FCRA IN
CLEARWATER
BEACH!
F o u r
D e c a D e s
o F
s e r v i c e
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Table of Contents
FCRA OFFICERS & DIRECTORS
President
Rick Levy, RPR, FPR
44 W Flagler St, #1200 • Miami, FL 33130
[email protected]
W: 305-358-8188 • Cell: 954-294-4142 • FAX: 305-358-8187
President Elect
Sandra Estevez, CSR, FPR
One SE 3rd Ave, #1250 • Miami, FL 33131
[email protected]
W: 305-373-8404
Vice President
Diane T. Emery, CMRS, FPR
13555 Automobile Blvd., #100 • Clearwater, FL 33762
[email protected]
W: 800-745-3376 • FAX: 386-258-1171
Treasurer
Janet L. McKinney, RPR, FPR, CLR
1370 Seabay Rd • Weston, FL 33326
[email protected]
W: 954-658-3485 • FAX: 954-385-3805
Secretary
Holly Kapacinskas, RPR, CRR, FPR
223 Caddie Ct • DeBary, FL 32713
[email protected]
W: 386-255-2150 • FAX: 386-668-2925
Northern Director
Christy Aulis Bradshaw, RPR, FPR
201 N Magnolia Ave • Ocala, FL 34475
[email protected]
W: 352-401-0080 • FAX: 352-620-8819
Central Director
Donna Kadosh
515 E. Las Olas Blvd, #100 • Ft Lauderdale, FL 33301
[email protected]
W: 954-467-6867 • FAX: 954-467-1277
Southern Director
Dawn Ramos Bachinski, RPR, CRR, FPR
105 S. Narcissus Ave, #400 • West Palm Beach, FL 33401
[email protected]
W: 561-659-2120 • C: 561-758-7872
Directors at Large
Barbara A. Frank, RMR, CRR, FPR
2315 Stanford Ct, #301 • Naples, FL 34112
[email protected]
W: 239-793-0021 • FAX: 239-793-7991
Rose Naccarato
66 West Flagler St • Miami, FL 33130
[email protected]
W: 305-545-8434 • FAX: 305-325-8991
Immediate Past President
Robin L. Merker, RPR, FPR
62 W Palm Ave • Lake Worth, FL 33467
[email protected]
W: 561-309-6493 • Cell: 561-309-6493 • FAX: 561-967-8528
DEPARTMENTS
President’s Message........................................................................................................ 4
Editor’s Column................................................................................................................ 5
Bulletin Board.................................................................................................................... 6
Upcoming Events Calendar......................................................................................... 13
ASSOCIATION BUSINESS
What’s In Your Basket?.................................................................................................... 7
2012 Nominating Committee Report.......................................................................8 - 9
FCRA Successful with Florida Legislature.................................................................... 10
FCRA SPOTLIGHTS
The Newbie..................................................................................................................... 11
ON THE JOB
Managing Your Time..................................................................................................... 13
Ethics and Procedures Corner..................................................................................... 14
Sleuthing the Net........................................................................................................... 15
Face This.......................................................................................................................... 17
CART & Captioning Corner: Realtime Skills for Captioning..................................... 18
Dear Nancy.................................................................................................................... 19
FCRA WELCOMES
Welcome New Members.............................................................................................. 21
Membership Application.............................................................................................. 22
Editor
Christy Aulis Bradshaw, RPR, FPR
201 N Magnolia Ave • Ocala, FL 34475
[email protected]
W: 352-401-0080 • FAX: 352-620-8819
Executive Director
Marna Krot
222 S. Westmonte Drive, Ste. 101
Altamonte Springs, FL 32714
W: 407-774-7880 FAX: 407-774-6440
[email protected]
May/June/July 2012 • FCR Online
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President
the
By Rick Levy, RPR, FPR,
2011-2012 President
Legislative
Boot Camp Highlights
As President of FCRA, I am afforded many opportunities to help both FCRA and my own personal career at the
same time. This is one of the special benefits and privileges
of this great role. I embarked on my FCRA board service
more than five years ago and one of the hopes I had was
to be able to attend the NCRA Leadership Conference and
the NCRA Legislative Boot Camp.
Well, this past February I was able to complete the
second of those two conferences. It was one of the best
experiences I have had in my professional career and one
that I will never forget.
Just to set the tone of the journey and experience, I
would like to give you a little background of what we are
trying to accomplish at FCRA and why I and President-Elect
Sandra Estevez chose to partake in this wonderful program.
As many of you know, FCRA has been fighting many
issues; one of them this past year or so has been attempting
to have the proviso language removed from the budget
which had dictated what court reporting firms were allowed
to charge for work done for the JAC. On a side note, along
with the hard work of the Government Relations Committee and TFG, we were able to remove the language and
restore the rates to comparable rates in today’s market.
While we know we have many more “issues” to deal
with in the upcoming years, Sandra and I both felt that it
would be very beneficial to attend Boot Camp in Reston,
Virginia, and learn better techniques on how to deal with
lobbyists, senators, and members of Congress.
We left on our trip knowing full well that this was not
a vacation but would be hard work, high stress and very
informative. For those of you who have had the opportunity
to attend the NCRA Boot Camp, you know what I mean.
We were told going in that we would learn more about
ourselves in this conference than any other, that we would
be put in very uncomfortable situations and would meet
some very powerful people. And that at the end of the trip
we would be better equipped to take on legislative issues
back in our home state. Well, they were correct!
We arrived in Virginia that Saturday afternoon and enjoyed an afternoon sightseeing in Washington, D.C. The conference began at 8:00 a.m. sharp on Sunday with members
of the NCRA Board and others giving the T.R.A.I.N. (Taking
Realtime Awareness and Innovation Nationwide) seminar.
This seminar was recently introduced by NCRA and will be
taken on the road in order to help those who are learning
how to do Realtime.
After President Doug Friend welcomed the Boot Camp
attendees and gave a few remarks, we were introduced
to our Boot Camp “team” and then the fun began. We
were given presentations by NCRA Government Relations
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members Dave Wenhold, Adam Finkel, and Brandon Schall,
among others. We learned about Politics 101, what NCRA
current initiatives are, how to deal with the press, and the intricacies of body language, as well as other subject matters.
The rest of the next day or so was spent role playing a
scenario which is similar to one that Nevada had to deal
with a few years ago where there was a proposed rate reduction in their state by a state senator who was unhappy
with a recent charge for court reporting services. It was
a high energy and high stress day where we had to meet
with various NCRA Board members and staff who were
role playing various people both on our side as well as in
opposition to our cause. It was in these sessions that we
learned how to deal with rejection, objection and strong
opposition to real life court reporting issues.
After learning many valuable lessons we then had to
prepare for the next day’s session. Each team of 6-8 Boot
Camp attendees had to prepare for our presentation to
a panel made up of the NCRA Board and staff. We were
in a real-life Senate hearing where we had to present our
cause for why the rate reduction should not go into effect,
and we had to respond to tough questions from the panel.
This was done in a room where the rest of our peers were
watching us present and thus was a bit uncomfortable.
We were then critiqued on our performance, which was a
valuable learning experience.
The highlight of the trip, however, came on Tuesday
when we all went to Capitol Hill to meet with our State
Representatives on our own. NCRA staff had set up a meeting for Sandra and me with Congresswoman Ileana RosLehtinen from Miami, a staff member of Senator Bill Nelson’s
office, and a staff member of Senator Marco Rubio’s office.
Our first meeting was with Ms. Ros-Lehtinen. We were
quite nervous as you can imagine but we were greeted
with a hug and a kiss from her as if we were long lost friends.
She was so nice and receptive. We spoke to her for about
15 minutes and explained who we were and what we did.
She told us we had her support if we ever needed it. Her
staff then came in with some Cuban coffee which made
us feel right at home.
Our next meeting that day was with Senator Nelson’s
staff where the young lady explained the process of how
bills get passed. She was a pleasure to speak to and said
she would help us if FCRA ever had an issue we were fighting in Tallahassee.
Our final meeting of the day was with Senator Rubio’s
General Counsel. He had some great insight for us and
educated us on the process as well. He is a former litigaContinued on page 5
By Christy Aulls Bradshaw, RPR, FPR
FCR Online Editor
Editor
’s M
essa
Embracing Changes in an
Ever-Changing Industry
The court reporting industry is changing…daily it seems. I know
it is hard to believe, but court reporting agency owners aren’t
sitting around thinking up changes just for fun. As an agency
owner, you have to put a lot of energy and effort into keeping
up with the industry. For example, digital signatures: It’s not as
easy as slapping a signature on a transcript before sending
it out the door. A lot of questions and concerns come with
changing over to a digital world.
Another example is software changes. It’s not an easy task to
go from one software to another, but sometimes it is necessary
to keep up with the Jones’ per se. A software change can
make all the difference in your business and in the ease of its
daily functions. The industry changes, procedures change, and
you, as an agency owner or court reporter, have to go with the
flow and change too or you might be left behind.
It’s all about information. Between what is offered online
with FCRA and NCRA and other resources, there is so much
information that is needed to help your agency or your court
reporters take the next step towards the future of this industry.
But you cannot be afraid of this change, you need to embrace
it. It is so important to keep your reporters, yourself, and your
staff informed.
I often wonder who these changes are harder on, the reporters
or the agency owners. I think it all depends on how long you
have been in the industry. The newer-generation reporters,
from the past five to eight years, have it the easiest; most of
these changes to the industry had already started. Networking
was already in full-swing, most agencies were already in the
computerized generation. The older-generation reporters, ten
to twenty years, have had it pretty tough. When they started
reporting, they were computerized (somewhat), but there
was no electronic anything, other than the steno machine,
a computer, and the printers with carbons in between the
ge
copies or an inkjet. No hooking up Realtime, no computerized
dogsheets, and certainly no electronic signatures. Now, the
real oldies (you know who you are!) have really struggled. This
generation has gone from a manual machine and dictating,
to having to learn to be conflict free, to learning software, and
now electronic everything, dogsheets, signatures…it’s been a
rough road.
Trust me when I say that these changes are as frustrating for the
agency owners and staff as they are for the reporters. Every
agency owner I talk to makes the same comment over and
over, “It’s just not as easy as it used to be” or “It used to be so
much more fun to be an owner of a court reporting agency.”
Those times are long gone.
In today’s world, the agencies have to worry about keeping
up with different rates, different office procedures, making
sure transcript orders are on the record or in writing, as well
as continually having to learn and understand the constant
changes to the industry and the ever-changing needs of the
attorneys. Their technology changes; therefore, ours has to be
updated. It is a never-ending process. When we have to make
these changes, the reporters then have to make the changes
with us. Back in the good ‘ole days, the reporter could simply
go to a job, go home, transcribe, drop the job off at the office
printed, and leave. It’s not simple for any of us anymore.
In the future, there are sure to be more and more changes.
As an agency owner, we expect this, and even though we
don’t really want to embrace it, we accept it! As a reporter,
understand these changes will affect you too, it’s just inevitable.
We will have to grow and change together and just try to keep
up with technology.
Face it, embrace it; lose track of time, get left behind!
Legislative Boot Camp Highlights
Continued from page 4
tor in Miami. He took us on a private tour of the Senate
Chamber where we were able to view a hearing in session.
He also got us access to the underground monorail which
was very interesting as well.
Our day on Capitol Hill ended that afternoon with a
reception at The Hill Club where all the NCRA State Leaders
were able to chat about our experiences and share some
valuable stories.
All in all it was a great experience and one that will stay
with us forever. We have many issues that we will continue
to fight for over the next few years.
I and the entire FCRA Board of Directors hear you
each and every day on the current issues that you remain
passionate about. I promise you I personally share those
sentiments and will do whatever I can to help accomplish
our collective goals.
I look forward to seeing many of you in Clearwater,
June 29 – July for our Annual Convention.
Thank you again for the honor to serve as your FCRA
President in 2012.
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Important News
from FCRA
Advertising Special
$ $ $
Contract to advertise in 8 issues (2
years) of this magazine and get a
special 15% discount on top of our
low rates! Call FCRA Headquarters
today at 407-774-7880.
Needful People
Need a job? Need a reporter,
agency, owners? Contact
Placement Chairman Sandi
Nargiz at 850-878-2221 or
fax: 850-878-2254 or email:
[email protected]
WANTED!
Your stories to share with other
reporters. Submit an article and
receive .15 CEU points if
published in FCR Online. Email your
story to [email protected].
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MARK YOUR CALENDAR!
FCRA Annual Convention
Hilton Clearwater Beach
Clearwater Beach, FL
June 29 - July 1, 2012
Address Changes
ADDRESS CHANGED?
PHONE NUMBER CHANGED?
Fax your changes to Headquarters at 407-774-6440 as soon as
possible!
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ARE YOU ON
FACEBOOK?
If so, join the FCRA Group by
looking up Florida Court Reporters
Association...all the latest updates
right at your fingertips!
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Order Your Florida Manual
DON’T MISS E-FLASHES!
Stay up to date on Florida Rules and Procedures. Call 407-774-7880 to order your
electronic version of the Florida Manual
or visit www.fcraonline.org to order.
Be sure your email address is current.
Call FCRA Headquarters and give
them your email address today (407774-7880) or email your changes to
[email protected].
Stenograph Special
$ $ $
Get last line pricing with Stenograph supplies as a member
of FCRA and FCRA receives a
rebate.
Just $75.00!
Upcoming Florida
Professional Reporter
(FPR) Test Date
WEB SITE SPONSORS
WANTED
Friday, June 29, 2011,
in Clearwater Beach, Florida, at
FCRA’s Annual Convention!
FCRA I N
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D
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Call Holly
Kapacinskas at
386-255-2150
ARE YOU MOVING?
CHANGING A
PHONE NUMBER?
CHANGING A FAX
NUMBER? CHANGING
OR GETTING AN EMAIL
ADDRESS?
If so, let FCRA Headquarters know
right away. Simply fax 407-7746440 today to make any necessary changes to the information
we have on file for you!
11/3/09 1:36 PM
What’s In Your Basket?
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By Holly Kapacinskas, RPR, CRR, FPR
Basket, Fourth of July Basket, Pamper Me Basket, Realtimer’s Basket, Apple iBasket — the possibilities are
endless, limited only by your imagination. Baskets can
be of any value.
Each basket will have its own drawing, and tickets for
the drawings will be available for purchase. You will
also earn free tickets by donating a basket (the higher
the value of the basket, the more tickets earned). See
FCRA online registration for details. You do not need to
donate a basket to participate in the drawings.
No, I don’t mean what you got for Easter. An Easter
basket can’t win you a FREE 2013 FCRA membership,
but…donating a theme basket for our First Annual
BASKExTravaganza Fundraiser can! Start putting those
creative brain cells in overdrive and drive your basket
over to Clearwater Beach for the 2012 FCRA Annual
Convention June 29-July 1.
Let your imagination go wild: Fitness Basket, Reporter Survival Basket, Weekend Getaway Basket, Techie
Basket, Sun Worshiper’s Beach Basket, Animal Lover’s
Individuals and firms are strongly encouraged to participate. If your individual basket collects the most tickets, you will win a free FCRA membership! If you’re a
firm, why not advertise your company by showcasing
a gorgeous gift basket? The firm basket with the most
tickets will win a free banner ad on our FCRA website!
We all benefit from a strong, vibrant association. Look
what we were able to accomplish on the legislative
front this year because of the support of our membership! Let’s all help to make our First Annual BASKExTravaganza Fundrasier a success. More baskets mean
more fun, so come to Clearwater and show off what’s
in YOUR basket!
FCR Online Deadline Dates
(Fall) Aug/Sept/Oct................................. July 5, 2012
(Spring) Feb/Mar/Apr.............................. Jan. 5, 2013
Publication Date.................................... Aug. 12, 2012
Publication Date.....................................Feb. 12, 2013
(Winter) Nov/Dec/Jan.............................Oct. 5, 2012
(Summer) May/June/July...................... April 5, 2013
Publication Date.................................... Nov. 12, 2012
Publication Date.................................... May 12, 2013
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Florida Court Reporters Association
2012 Nominating Committee Report
In May 2012, the FCRA Nominating Committee met to interview the FCRA Board of Directors candidates for the 2012-2013
fiscal year. After interviewing several candidates, the 2012 Nominating Committee, chaired by Robin Merker, RPR, FPR, submits the following slate of nominees for consideration by the membership at the 2012 FCRA Annual Convention to be held
at the Hilton Clearwater Beach in Clearwater Beach, Florida, June 29-July 1, 2012.
PRESIDENT
Sandra Estevez, CSR (CA), FPR
Miami, FL
Sandra Estevez graduated from
the University of Texas at Arlington
in 1985 with a Bachelor’s Degree
in Communications where she
was a member of Zeta Tau Alpha sorority, Women in
Communications Network, hosted a cable TV show
called UTA Student Spotlight and was a member of
the cheerleading squad.
Sandra has been a California CSR since 1995. A year
after graduating from Sierra Valley Business College
in Fresno, California, she opened up her own agency
called Sandra Holman Reporting Services. In 2005
she merged her agency with Paulson Reporting &
Litigation Services where she was hired to manage
their Fresno office and later open a second office
for them in Bakersfield, California.
In 2008 Sandra relocated to Miami Beach, Florida,
and joined U.S. Legal Support as the General Manager and Reporter/Client Liaison for their Miami office,
and is now also directing Reporter Development for
their Southeast Region.
Sandra has been a member of FCRA and an FPR
since 2008 and has served FCRA in the following
capacities:
Conference Chair 2009 & 2010 Mid-Year Conference
and 2009 Annual Conference; Conference Co-chair
2012 Annual Conference. Sandra has served and
chaired various committees, attended Legislative
Bootcamp in Washington D.C., and has also served
on the FCRA Board as Director At Large, Vice President, President Elect and is currently slated as incoming President for the 2012-2013 term.
IMMEDIATE PAST PRESIDENT
Rick Levy, RPR, FPR
Miami, FL
Rick graduated from the University of Alabama in 1993 with
a Bachelor’s Degree in Business
Administration with a major in
Management. He then completed court reporting
school at Atlantic Vocational Technical Institute in
Pompano, Florida, in 1996, at which time he began his
career at Mudrick, Witt, Levy & Consor as a freelance
court reporter in Miami, Florida.
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After the acquisition of Mudrick, Witt by Esquire
Deposition Services in 1998, he continued working
as a court reporter until 2003 when he opened up
his own agency now known as Network Reporting
Corporation. Rick has continued in this role up until
the present.
He has been very active in NCRA since 1997 and has
served on the Firm Owners Conference Committee.
He has also been active in the Florida Court Reporters Association and the Society for the Technological
Advancement of Reporting since 2004.
PRESIDENT-ELECT
Janet McKinney, RPR, FPR, CLR
Weston, FL
Upon graduation from the
Academy of Court Reporting
in Cleveland, Ohio, in 1978, I
became an official reporter in
the Geauga County Court of Common Pleas. My
husband and I moved to Florida in 1982 where I
accepted my first job as a freelance reporter. I
currently reside in Weston, Florida, with my husband
and son, and am a longstanding member of NCRA
and FCRA.
In 2009 I was elected Secretary/Treasurer and am just
finishing my third term. My involvement in FCRA over
the years has been a very rewarding experience
which has provided an avenue for me to give back
to the profession I love. I look forward to and am
excited about the opportunity to continue to serve
our Association and its members in the upcoming
year!
VICE PRESIDENT
Holly Kapacinskas, RPR, CRR, FPR
DeBary, FL
Holly Kapacinskas, RPR, CRR, FPR,
graduated in 1982 from DePauw
University in Greencastle, Indiana, with a B.A. in music (flute
performance) and a minor in business. While in college, she spent time studying music at the Hochschule
fur Musik in Vienna, Austria. Upon graduating from
college, she went to work in sales for Xerox Corporation in Chicago, IL. She married Len, her husband of
27 years, in 1984. Upon leaving Xerox in 1985, Holly
became a flute teacher, as well as an orchestral and
freelance musician in the Chicago area.
Holly moved to the Orlando area in 1989. Upon
moving to Florida, she was a stay-at-home mom and
part-time student at Seminole Community College,
studying computer programming. Holly entered court
reporting school at Daytona Beach Community College in 1994 and graduated in 1995. She has been a
reporter with Volusia Reporting Company in Daytona
Beach for 16 years. She received her RPR designation
in 1996 and CRR and FPR designations in 2006. Holly
has been an adjunct instructor for court reporting
students at Daytona Beach Community College.
She has also served a 3-year term on the Florida Bar
Grievance Committee, served as Central Director,
2009-2010; is currently Secretary, and is a member of
NCRA’s Ethics First Committee. She lives in DeBary with
her husband Len and their two sons, Sam and Alex.
TREASURER
Rosa Naccarato
Miami, FL
Rosa Naccarato is a Court Reporter and Consultant with Goldman, Naccarato, Vela & Associates LLC., in Miami, Florida.
She is a graduate of the Broward Community College,
Davie, Court and Conference Reporting, program.
Rosa is a member of the Florida Court Reporters Association; an appointee to the Miami-Dade County
Commission for Women, October 2000 to present,
served as Vice Chair and Chairwoman, and currently
on Executive Committee as Immediate Past Chair.
She is also a member of Florida Bar Grievance Committee Group 11P, non-lawyer member, February 2009
to present; Director of Admirals Port Condominium
Association, February 2008 to present; Association
President 2010-2011; member of Broward Community
College Advisory Committee of Court and Conference Reporting, 1989 to 1999; and founding member
of Freelance Court Reporters Association of Dade
County, 1992 to 1996, served as President 1993-1996.
SECRETARY
Dawn F. Ramos, RPR, CRR, FPR
West Palm Beach, FL
Dawn graduated from Twin
Lakes High School in Palm Beach
County, Florida. After attain-
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2012 Nominating Committee Report
ing her Florida Real Estate License and Mortgage
Broker’s License, she decided to change fields and
went to Cooper Academy of Court Reporting, and
graduating with honors as their first student to start
and finish there in 1989.
Dawn has over 20 years of experience in the industry. She started her employment as a court reporter
with Mudrick, Witt, Levy and Consor in 1989 and
stayed with them through their transition into Esquire
Deposition Services and Hobart. She is now Founder
and President of Signature Court Reporting, Inc.,
with their fully staffed office located in West Palm
Beach, Florida.
Dawn has earned the distinction of being nationally
certified as a Certified Realtime Reporter. She is
also nationally certified as a Registered Professional
Reporter and is a Florida Professional Reporter. Dawn currently serves on the Florida Court Reporters Association Ethics Committee. She has been
instrumental in personally training court reporters
throughout the southeast region of the United States
in Realtime and working hands-on with software programmers. Dawn has hosted seminars over the last
decade where fellow stenographers are able to earn
CEUs for state and national regulatory bodies. She
has also been very active with her local community,
serving for three years on Wellington’s Construction
Board of Appeals and six years on Wellington’s Education Board before recently moving to Jupiter, Florida. Dawn is married with two daughters.
NORTHERN DIRECTOR
(Two-year term)
Christine A. Bradshaw, RPR, FPR
Ocala, FL
Christy Aulls Bradshaw is a graduate of Eustis High School and the
Institute of Specialized Training
and Management, in Orlando, where she obtained a
certificate in Court Reporting. She began her career
as a court reporter in 1995 in the Citrus County area,
later reporting in Gainesville and Jacksonville before
starting CAB Reporting in Ocala, in October of 2000.
Over the past eleven years, Christy has gone to at
least one high school a year to participate in Career Day, educating students on the field of court
reporting. For the past three years, she has been
a proud member of the Law and Government
advisory board for Marion Technical Institute, where
she helps plan the curriculum for each semester,
reports the students’ mock trials, and speaks to each
class on court reporting and the court reporter’s
role in discovery. In addition, Christy is an advisory
board member of the Millennium Dog Park, where
she was the editor of their newsletter for two years
and has helped organize events and volunteered
her time. This past year, Christy has served as
Northern Director for FCRA, as well as the Magazine Editor and a member of the FPR Committee.
Christy and her husband of 13 years, Gator,
reside in Ocala with their three “canine kids,”
Tammy Faye, Fawn Hall, and Sherlock Heinz. In
their spare time, Christy and her husband travel
throughout Florida racing their Jack Russell Terriers.
CENTRAL DIRECTOR
(Two-year term - 10/2013)
Donna Kadosh
Ft Lauderdale, FL
Florida native Donna Kadosh
formed Boss Certified Realtime
Reporting in 1995 after interning
in the Miami-Dade Criminal Courts and spending
several years developing a base of loyal clients.
She started with two clients and two trained court
reporters, all of whom remain on her team today. The
Boss name comes from her beloved boxer puppy she
owned at the time. Kadosh’s company now includes
more than 40 court reporters, conference room facilities statewide and services available nationwide.
Kadosh studied business at Broward College before
receiving a three-year certificate in court reporting
from Sheridan Vocational Technical School in Fort
Lauderdale. Her training included studying complex
legal, medical and technical terms and learning how
to type 225 words a minute using the symbol-based
stenographic language.
Donna lives in Davie with her husband and two
daughters. She is a partner level sponsor with the
Broward County Bar Association and the official court
reporting firm of Legal Aid of Broward County. She is
an active member of the National and Florida Court
Reporting Associations as well as the Fort Lauderdale
and Davie Chambers of Commerce. Donna was
awarded the 2011 Job Creation “Driven” Entrepreneurial Success Award at Hispanic Unity of Florida’s
Inaugural Entrepreneur Summit.
SOUTHERN DIRECTOR
Filling unexpired term (Two-year
term - 10/2013)
Kelly Owen McCall
Ocala, FL
DIRECTOR-AT-LARGE
(One-year Term 10/2013)
Barbara Donovan Frank, RMR,
CRR, FPR
Naples, FL
Barbara Frank is president and
owner of Donovan Court Reporting, Inc. She began her reporting career in 1976 after
graduating from the American Institute of Business
in Des Moines, Iowa. She moved to Naples in 1976
and worked as a deputy official reporter until 1982.
Barbara then opened Donovan Court Reporting in
1983 at the Naples location close to the courthouse
and has since expanded with additional offices in
North Naples, Bonita Springs, and Fort Myers. She
achieved all of her certifications in the first sitting and
earned the Registered Professional Reporter designation in 1976, Registered Merit Reporter in 1988, and
Certified Realtime Reporter in 1995, and was the first
computer-aided and realtime certified reporter in
Collier County.
Barbara is a member of the National Court Reporters
Association, the Florida Court Reporters Association,
the Society for the Technological Advancement of
Reporting, and a proud member of Ethics First. In her
spare time she loves playing tennis, biking, and working out. She is a cat lover and has four four-footed
kids. She is happily married and is the mother of a
son, Andy, and daughter, Sarah.
DIRECTOR-AT-LARGE
(One-year Term 10/2013)
Lori Bundy
Naples, FL
9
ION
T
A
CI SS
O
S
AS SINE
BU
FCRA Successful with
Florida Legislature
By Melanie Simpkins
Once the session started in January our goal was to
have the proviso language totally removed. Marty
Fiorentino and Bo Bohannon continued banging on
doors speaking on our behalf, numerous conference
calls, many late nights, and as the session started to
wind down it became obvious that we were going
to receive a “raise” but that some form of language
would remain.
Starting back in May 2010 through March 2012
FCRA has educated the Florida Legislature on the
importance of court reporters to the legal system, and
received a substantial raise in the rates court reporters
can bill in a criminal case.
Many hours have been spent with the Fiorentino Group,
the premier lobbying firm in Florida, going door to door
in the Florida House and the Senate educating and
speaking with numerous senators and representatives
on our role in the judicial process and how the rates
that were instituted through proviso language in May
2010 were woefully inadequate.
Once we received the final draft we received a larger
raise than anticipated, including the return of per
diems whether a transcript is ordered or not. This is a
HUGE win on behalf of court reporters in the State of
Florida.
Through the summer and fall of 2011, members of
FCRA made many trips to Tallahassee to accompany
the Fiorentino Group to meet with dozens of legislators
so that we could speak on our behalf with Fiorentino’s
guidance. These were many long days but proved to
be very successful. We worked very hard on a position
paper that we could leave with each office to answer
any questions they may have.
Without the membership and those reporters who
donated money, wrote letters, emailed the legislators
and visited Tallahassee, this victory would have never
happened. You should all pat yourselves on the back.
Attention All Qualified
Florida CART Providers!
CART Committee Chair Lisa Johnston
would like all qualified Florida CART
providers to send her your e-mail
address and experience and training
in providing CART to your consumers.
Please e-mail your information to:
Lisa Johnston, RMR, CRR, CCP, CBC
CART Committee Chair
[email protected]
10
SPO FCRA
TLI
GH
TS
The Newbie
By Jennifer Little
I was asked to write about being
“thrown to the wolves,” so to speak,
as a new reporter. Fortunately for
me (unfortunately for the task at
hand) I have no such stories. I have
heard the stories. I have listened
to the horror. I have prayed that
those things never happen to me.
I hope that this is where that “learn
from others’ mistakes” comes into
play. Some of the things I’ve heard
would make a new reporter crawl
under a rock and hope that no
one notices.
June marks three years since I have
been reporting. And I am not saying that I’m awesome and nothing
bad ever happens to me because
I’m just that great; that’s a different
story. What I’m saying is that I have
had wonderful mentors that tell
me these stories to scare the youknow-what out of me, for my own
good. They tell me about their unfortunate incidents so that I know
how to handle situations when they
happen to me… because they will
happen to me, no matter how hard
I try to avoid them. I am told these
stories because my mentors honestly want me to succeed; there is
no doubt in my mind about that.
I love what I do because of the
amazing people who have made
the beginning of my career so easy
starting out. I am positive that if I
had been “thrown to the wolves,” I
would be in the exact same place
that I was before I started my career as a court reporter, just wondering if I could even make myself
go back to the place that I hated
to be everyday. For a person who’s
generally very happy-go-lucky, it’s
just excruciating being in a place
that makes you want to scream. I
try to make the most of every situation, but when it gets hard to see
anything good in a situation, you
become a different person.
I’m saying all of this because I want
all of those agency owners and
people who are in charge of the
scheduling, who have new court
reporters in their office, to remember what it was like when you were
a new court reporter yourself. If you
were like me, you were scared and
nervous and very concerned with
just doing a good job. There is so
much that you worry about on the
easier jobs, much less being put
into a job with seven attorneys, one
irate deponent who knows every
question halfway through it being
asked, and…oh, look…someone
brought their child and the babysitter, because what babysitter stays
at home and watches the children
anymore?
Please remember what it was like
for you. If you were one of the unfortunate ones who got thrown in
the deep end of the pool and was
expected to know how to swim,
think about how you would have
preferred to start your career. Would
it have made life a little less stressful to be “babied” a little more?
Don’t you think anyone who makes
it through court reporting school
needs a bit of a break? I mean,
anyone who made it through a
school with a 2 percent graduation
rate deserves a bit of a break. You
are the people who can make all
the difference in how everything
works out for the “newbies” at the
beginning of their career.
If you decide to take my advice,
trust that you will have the happiest
court reporters you could ever ask
for, and that will only lead to more
positive attitudes in the future for
everyone, right? Who doesn’t want
that?
Although I know I’ll be accused of
brownnosing, I want to thank the
people who I am lucky enough to
work with. You have been a big part
in my growth as a court reporter. I
have learned so many things from
each and every one of you, and
I just can’t thank you enough for
that. I also want to let the Scheduling Department at my office know
that I am very grateful for the care
you have taken in easing me into
the crazy court reporting world.
Thanks for reading and I hope you
all take to heart what I am saying.
You’ll make some new reporter’s
day a little brighter!
Follow FCRA on
Facebook and stay
up-to-date on your
association!
11
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on
Managing Your Time
the
job
By Robin L. Merker, RPR, FPR
Do you feel that there aren’t
enough hours in the day, there’s
never enough time to practice,
life gets in the way of school and
vice-versa? Welcome to the world
of reporting! Being a reporter is a
balancing act: we are always trying to balance work and family,
deadlines and obligations.
I remember having drummed into
my head while I was in school,
“Practice,
practice,
practice.”
Well, that was all
well and good,
but with a 45-minute drive to school
each way, a job,
and all the normal
“stuff” I had to do
to keep life rolling
along, it seemed
impossible for me.
For those students
who are also taking care of a family, I can’t even
imagine how that
factors into the
equation. But I do
know this: Somehow,
someway,
the determined students are the
ones who make it. And if you’re
reading this column, you’re determined enough to be looking ahead
to life after school (yes, there is!),
and wondering how in the world
you’re going to manage it all.
Start now with school. If you can
manage your time wisely now,
when you graduate, you will have
the habits that will ensure your success.
For example: Practicing: I almost
never practiced at home while
I was in school until a very wise
teacher insisted that every day,
when I get home, I immediately
set up my machine along with the
tape recorder and tapes. I thought
she was nuts, but it worked!
How does this translate into your life
as a working reporter? In a profession that has more than its share of
“feast or famine,” time management is essential. We can’t put off
working on a transcript and getting it out “later.” Even if you are
not backed up and you only have
a small transcript to produce, if
you put off getting your work out
there’s no guarantee that something won’t crop up to turn that
job into a last-minute rush. Have a
dedicated work area, unpack your
laptop/equipment as soon as you
get home, so it’s ready to go when
you are – that sets you up for success. In a profession where you are
measured by your ability, not only
for accuracy and speed, but on
transcript turnaround, preparedness is essential.
Upcoming Events
Calendar 2012
June 29 - July 1
FCRA 51st Annual Convention
Hilton Clearwater Beach Resort
Clearwater Beach, FL
Information to be posted on www.fcraonline.org
Please notify Christy Bradshaw, Editor, at [email protected], of any
upcoming events that you would like to appear in the Upcoming Events Calendar.
13
on
the
job
Notary Public Requirements on Certificate Pages
By Judy Everman, RPR, FAPR, CMRS, FPR
“State of Florida
“County of ____?______
“Court reporters sign two certificates that are placed at the end
of each deposition; one states that
we administered an oath and the
other states that the transcript is
accurate, among other things. The
notary statute requires that we use
the above language at the beginning of every jurat or certificate.
“The question that arises frequently
is: What county do we enter on
the Certificate of Oath, the county
where the oath was actually administered or the county we were
in when we applied our signature?
On the Certificate of Court Reporter, the same question, the county
where we took down the testimony
or the county we were in when we
applied our signature?
“Florida notary statute, Chapter
117.05, says:
(4) When notarizing a signature, a
notary public shall complete a jurat or notarial certificate in substantially the same form as those found
in Subsection (13). The jurat or certificate of acknowledgment shall
contain the following elements:
(a) The venue stating the location of the notarization in the format, “State of Florida, County of
_____________.”
14
That seems to say that the venue
for “County of” is the county in
which you administered the oath or
the county in which you reported
the deposition or hearing and not
the county where you sign the certificate.
So I went online and found “Frequently Asked Questions,” a site
from the Florida Notary Department: www.notaries.dos.state.fl.us/
education/faq/index.html. And I
found the following question right
on point:
“When notarizing a signature, what
elements must be included in my
notarial certificate?”
“Sample notarial certificates are
found in section 117.05(13), Florida
Statutes. The essential elements
are:
•
the venue where the notarization takes place (State of Florida,
County of ____);”
Here is a second question I have
been asked over and over again:
You must physically sign your name
to the original and all copies if you
wish to stamp the copies as a “Certified Copy.” Otherwise, you have
charged the parties for an uncertified photocopy which is no better
than the photocopy an attorney
makes for another attorney! Fight
to keep your original signature on
all the certificates to protect your
Certified Copies. Remember, too, it
is you -- not the agency -- you, the
notary, that is responsible for following the notary laws and the state
laws on transcripts.
Here is the question and answer I
found online:
“Must a notary public actually sign
the notarial certificate when notarizing a signature?”
“Yes. When notarizing a signature,
you are required by law to date,
sign, and affix your seal to a notarial certificate. See §§ 117.05(3)(a)
and (4), Fla. Stat. This is in addition
to the requirements that your notary seal contain your exact commissioned name and that you must
print, type, or stamp your name below your signature…
Can I use a signature stamp or an
electronic signature I have created
on my computer and can I photocopy the original certificate pages
with my original signature for the
copies of the transcript? No. On the
certificate of oath, the notary statute requires an original signature.
on
the
job
SLEUTHING
THE NET
By Donna M. Kanabay, RMR, CRR, FPR • [email protected]
Behind the Scenes of Your FCRA Magazine
The deadline for submission of our
columns for the magazine was
yesterday. It’s not your editor’s fault.
She gave us all ample warning
weeks ago, as the editor always
does – both your new editor, Christy
Bradshaw, and the previous editor,
Louise Pomar – and indeed, every
editor since the beginning of time.
So it’s not the editor’s fault.
A couple days before the
completely-forgotten-about
deadline, one of the contributors,
who shall rename nameless, had
e-mailed me, saying words to the
effect of, “I’m dry. Do you have
any ideas?” I replied instantly with
words to the effect of, “I’ve got
my own problems. Want to trade
columns and maybe we can each
approach our topic with a fresh
eye?” Actually, that’s not what I
said, but I kind of wish I had. What
I really said was, “LOL are you
freakin’ kidding me I have nothing
either.”
Yesterday, the deadline, our intrepid
editor sent out her usual “yoo-hoo
– where’s your Stuff, everybody”?
What followed went something like
this. Again, the names have been
deleted to protect the guilty (okay,
this first one is me.)
“Haven’t got a thing, Christy. If
I can have over the weekend, I
might be able to scrape something
together, but I’ve been nuts-busy
the last couple weeks, 1; and 2. I’m
freakin’ dry. I need to wander the
‘net aimlessly to find something that
grabs me that I can do something
with.”
these emails as evidence ;-) GREAT,
now I’ll be in the courtroom! ha ha”
“Well said, [XXX]. That’s been my
problem as well. Thank goodness
for [XXX]! Thank you, [XXX].”
“Have a great holiday weekend
everyone (while you write YOUR
articles) because MINE is DONE, did
I mention that already??? If you
need me I will be [leisure activity of
choice], come find me!!”
“Bunch of slackers, my article
has been written and is being
proofread and will be submitted
today. I wrote about [topic] na
na na boo boo. Drop everything
you are doing in your real life, work
life, family life, religious life and get
these articles done, what is wrong
with you people?? Where are your
priorities???”
“Whoever’s within arm’s-reach
distance, somebody slap [her/him],
please.”
“I have 15 people coming for
[holiday] tomorrow night and this
is my second full day of cooking.
Saturday morning will be devoted
to figuring out and finishing an
article. How coherent it will be after
the mandatory four glasses of wine,
I don’t know.”
“Isn’t volunteer work rewarding?
Once again, MY article is done.”
“You just like living dangerously,
don’t you? Remember, I’m not that
far away.”
“[She/He] really is Pushing It isn’t
[she/he] ....”
“Oh, awesome, all of this is in
writing now and when something
mysteriously happens to [XXX], the
courts will have no problem using
“YES, you DID mention it, more than
once, I might add.”
“I am off tomorrow, will be sleeping
in…and then probably writing my
article. I expect to have at least
some articles that I can get proofed
this weekend rather than Monday
at work… Obviously that doesn’t
apply to you, [XXX]; you think of us
while [leisure activity of choice]!!”
“Thanks [XXX], you enjoy your day
“off” as well. Attached is my article
that is being proofread by [XXX]
about [topic].”
“Maybe we should chuck the
articles and as soon as [XXX]
mysteriously disappears we can
publish the email string....”
Well, to include this next part, I’m
afraid some identities will have to
be disclosed. But the president
won’t mind since he’s so bleepin’
proud of being the only one in the
entire crowd who met deadline:
“Does the disappearance of the
current president mean that the
Immediate Past President jumps
back into the position??? Careful
what you wish for Robin!!”
15
on
the
job
SLEUTHING
THE NET
“Time for popcorn and a comfy
chair to settle back to watch the
show. Volley to u Robin.”
“Okay, you guys are a riot. I agree
with [XXX]: You could publish this
string of emails for a very amusing
article. Sorry to chime in so late,
but I was in [relates adventure
of reporting overseas recently]
I suppose I could write about my
trip, if you think anyone would be
interested.”
“I was just about to say, your
contribution is written! And I’m
seriously considering taking the
thread,
judiciously
editing
it,
removing the names of who wrote
what, and seeing if I can turn it
into Something...On second thot,
Christy, if there was ever a skeleton
for the editor’s column, this thread
is it!”
“YOU would be the perfect person
to turn this into an article. What
goes into “Forcing” us to write
articles.”
“Oooooooooooookay, but it sure
seems tailor-made for the editor
to poke fun at the pulling teeth
of getting your contributors to
contribute um timely <G>. Speak
now or forever hold your peace. (It
may not work. I need to fiddle with it
and see how it goes. And somehow
I need to inject a relationship to my
column’s internet topic.)”
So that was easy. I’ve never written
my column so fast in my – oh. I
16
didn’t do the part about trying to
actually tie it into topic, did I…
her deadline.” (Hey, we resemble
that remark!)
Sigh.
This is a touching tribute by a
reporter to his first editor. “Easy does
it: Last deadline for my first editor.
To my surprise, a quick google
on “editors trying to meet their
deadlines” yielded some interesting
results.
“Are Deadlines A Lost Cause?
“Whether you’re a journalist trying
to meet deadlines or an editor
who needs writers to make them,
deadlines are a constant of the
profession. Having been on both
sides of the equation - as an editor
and a freelancer - it’s never easy.
As a journalist, I’d rather pull an allnighter than blow a deadline but
as an editor I’m fine with giving
deadline extensions -- as long as
I know before that deadline has
come and gone that it’s necessary.
“Better communication between
journalists and editors is key. As one
editor put it:
“’Editors need to have regular
conversations with their reporters,
coaching a little bit each time.This is
quite different from the traditional:
“Look, I gave you the assignment
two weeks ago. Today is the
deadline and I want that story!’
“Old editors never die, they just
trade in their typewriters for a
computer and write from home.
Gordon Parker would have liked
that line. “Good stuff!” he’d say
when he liked one of my stories.
He was my first editor when I broke
into this crazy newspaper business.
Gordon died a few weeks ago. For
35 or 40 years or more he was a
member of the Fourth Estate. If he
were still here, Gordon would have
edited out that part. ‘Just call me a
newspaperman,’ he’d say.”
I could go on and on, but maybe
I can tie it up this way. Court
reporters are often confused by
laypeople as newspaper reporters.
Happened to me just the other day
in the halls of a local courthouse
while chatting with a “civilian.”
And are there any two professions
more plagued by the dreaded
deadline??
Hah. How’s that for a full-circle tiein on my topic!
“As central as deadlines are in doing
our work as a news organization,
there always got to be a back-up
plan because whether you like it or
not, someone is going to miss his/
on
Face This...
the
job
By Dawn Leslie, CAB Reporting, Inc.
on the other friend’s disdain. It’s
a vicious cycle, my friend. Just be
careful about what you put in print,
you may have to explain yourself
to Judge Judy when your ex-friend
presents their facebook activity as
evidence.
Let’s face it…everyone who is
anyone is on facebook. The new
phenomenon of facebook has
hit worldwide. You can chat with
your third cousin who’s spending
six months in Japan, smiley face
your little brother on his birthday,
and brag about your newly found
interest in Pinterest, all in a New
York minute on facebook.
Facebook began in May of 2004,
started by a lad by the name
of Mark Zuckerberg. He was
attending Harvard University and
was a sophomore at the time.
He designed the site as a way
for the students to communicate
and get better acquainted with
each other. In a matter of months,
facebook had become so popular
that it spread to other colleges. A
year later, it was opened up to the
general Internet public. As long as
you were 13 years of age or older
you could friend and de-friend all
day long. Several investors have
seated themselves nicely with
shares, but Mr. Zuckerberg has
made it clear that facebook is not
for sale.
The face of facebook is constantly
changing. New updates, upgrades,
and features seem to occur more
often than status changes. What’s a
“status change?” If you are having
a bad day and feel the need to
rattle off about the guy who cut
in front of you at the checkout,
or if you’re having a great day
and wanted to thank your fellow
facebook friends for their support,
or if you just simply want everyone
to know that you are dining at the
local cafe… just post your status.
One of the most interesting things
I have found about facebook
is that, at first, a lot of people
were opposed… “I don’t want
to be on a site full of teenagers
complaining about homework and
their parents” or “I don’t want to be
associated with some of my friends
and family members that closely”
or “It’s just silly, why do you need
to chat with someone online when
you have texting and a phone?”
are just some of the reasons. Well,
today, those same people can’t
make a pit stop without posting
about how nicely the toilet paper
was folded on the roll for its first use
of the day. With all of the available
games, calendars, and event
planners available on facebook,
who wouldn’t want to jump on
the band wagon? Everyone else is
doing it.
Here’s something to think about,
though: I would highly recommend
that you choose your “friends”
carefully. I’ve seen too many times
where people will add friends to
their list and then remove someone.
That ex-friend, in turn, feels hurt and
then blasts them to their friends, and
maybe one of their friends is also
one of the other person’s friends
who then keeps that friend posted
My boss, Christy Bradshaw, told
me about the last conference she
went to where the speaker asked
about facebook and how many
people in the room actually had
accounts. The speaker went on to
question how many of those people
wondered what was being said
about them by their employees
while they were sitting in there in
that conference room. Christy said
that tablets, phones, and laptops
across the room lit up with facebook
accounts. That just happened to
be a very busy day for me here
in our office and I, yes even I, had
posted something I wouldn’t have
necessarily wanted my boss to see.
Thanks to the speaker, she pulled up
her own account (that, by the way,
I had to convince her to do). It was
out of frustration and I needed a
breather, but I will say, I don’t post
what I wouldn’t be willing to say to
someone’s face, even to my boss.
Facebook will be around for a
long time. Posting pictures, setting
up a birthday party, selling items
you need to get rid of, locating
high school classmates, etc…
So many people have become
so dependent on this way of
communication, I don’t see it
going anywhere anytime soon. So
embrace it, use it, but treat it with
care and respect. Remember, if I’m
not watching you, someone else
most likely is.
17
n n
e in
r g
C
C C A
o ap R
r tio T
d
a
n
Realtime Skills for Captioning
By Lisa B. Johnston, RMR, CRR, CCP, Captioning/CART Committee Chair
National Court Reporters Association has a group called
Captioning Community of Interest and they have put
together a wonderful tool entitled “Realtime Broadcast
Captioning: Recommended Style and Format Guidelines for U.S. Programming.”
Here are some excerpts from that document I’d like
to share:
Prefixes and suffixes play an enormous role in captioning. One of the first steps of transitioning from court
reporter to realtime writer and/or captioner is distinguishing between prefixes and suffixes. Although one may
encounter few word-boundary problems while court
reporting, they seem to be ever present in captioning unless the necessary changes are made to one’s
writing.
Many court reporters use, for example, AOEU for both
prefixes and suffixes and thought if they globaled the
stroke with another stroke, all would be fine. That is one
of the great misconceptions of realtime writing. You
cannot simply global your way out of any situation.
Captioning is about writing your way out of any situation
using prefixes, root words, suffixes, special characters
such as the delete space or add a space functions, as
well as fingerspelling.
Some of us remember the OLD days before computeraided transcription (CAT) was invented. Court reporters
rarely concerned themselves with conflicts. It was up
to the typist to know the correct spelling based on the
context of the sentence. Nowadays, most software
vendors have created artificial intelligence to assist
court reporters in making guesses at selections of displaying both/all options to be chosen during the editing
process. This is not good enough for captioners to rely
on. Therefore, it is important in captioning to resolve
ALL conflicts.
18
What about briefs? There is much controversy surrounding “to brief or not to brief.” Some writers believe
briefing as much as possible will increase your speed.
Others believe briefing as much as possible will not
increase your accuracy as a captioner. If you strive
to write 99% or better every day, it is the opinion of
many seasoned captioners that a solid realtime theory
devised of prefixes, suffixes, and root words is the best
approach to consistent, accurate captions. One must
first be capable of writing anything and everything without relying on briefs, artificial intelligence, or any other
shortcut. Once that happens, then briefs and some
basic intelligence can be used as a tool, not a crutch.
Here is something so important: Know your dictionary. Changing your writing is only half the battle. It is
imperative that you remember how you changed your
writing. Use Post-It notes anywhere and everywhere
until you have the words memorized. It is important
you know what is in your dictionary. If a word or name
is spoken and you are unsure it is in your dictionary, it is
recommended you fingerspell the word until you can
check your dictionary later. It is not recommended
that you stroke words or names out in hopes that they
are in your dictionary.
Realtime writing requires the use of manually inserting
a space and/or a delete space to achieve the desired
result and to avoid word-boundary issues. Example: He
used a bass net to catch the fish. (You would stroke
BASS space NET; otherwise it may translate to bassinet).
So what are you waiting for? Let’s get to work! ☺
(Reprinted from Captioning Community of Interest with
permission from NCRA)
on
the
job
Nancy Varallo, FAPR, RDR, CRR, owner
of The Varallo Group, offers customized business development and administrative services to court reporters
and reporting agencies. Nancy has
been a court reporter since 1979, has
trained hundreds of court reporters,
and has fielded thousands of questions from reporters. Please ask your
question at www.dearnancy.com.
Dear Nancy: Is it customary when you work with a court
reporting firm that you sign a contract with them, especially if it has a no-compete clause involved? What is a
customary or average split with a court reporter? I want
to be more informed and need some guidance. Signed,
Newbie to Business
Dear Newbie to Business: If I’ve learned anything in the
last three decades, it’s that reporter/firm owner relationships are as varied as love relationships. Look around
at the lovers you know. Some jump from lover to lover
looking always for that new excitement that comes with
new beginnings; some couples live together but scoff
at the need for a marriage license; some will ignore
trouble signs and heedlessly walk down the aisle; some
fiances will avoid the stress of it all and elope; still others
sign prenuptial agreements to protect themselves should
anything go wrong in the marriage.
Think of your agency relationship as a love relationship.
What kind should it be? Many firm owners will ask that
you sign a contract. Think of it as a pre-nup, there to
protect you and the agency, clarifying the details of your
work relationship from the start. The contract is there for
tax reasons as well. Firm owners must be very careful to
classify their reporters correctly or risk government fines
or penalties.
A good contract will specify whether you’re an employee
or an independent contractor, the agency/reporter split
on billings, terms of payment (i.e., 30 days after invoice,
upon payment to the agency), the non-compete expectation, to name just a few. Ask for the names of the
senior reporters in the office; make that request a part of
accepting work from a firm. It’s those long-time reporters
who can paint the best picture of what it’s like to work
with that agency. I happily give those references to
prospective reporters coming to my firm.
As to a customary reporter/agency split, in my locale the
norm is 70/30, but I’ve seen 80/20 and 50/50 splits. Why
the disparity? It depends on what services the agency
provides. Is proofreading or production included, are you
paid “up front” on your billings, are you offered reduced
or preferred percentage splits based on your respective
lack of experience or advanced credentials? Commission structures are as varied as wedding gowns. Find
one that fits and “Make it work,” as Tim Gunn likes to say.
It’s never too soon to develop a professional relationship
with an attorney and an accountant. Yes, I do mean
both at the same time. I said professional relationship!
And keep it that way or I’ll be advising a relationship with
a shrink! Ask your advisors to review how your finances
are organized and help you with legal contracts before
you regret a poor decision. Utilize their services to get
all your affairs in order. When you’re done, answer this:
Why don’t melons get married? (Answer: Because they
cantaloupe.)
Dear Nancy: I am a new reporter working with a firm that
takes 30 percent of my billings, including court work (the
per diem as well as any transcripts I get.) I would not
have the work without her, but have been told by other
reporters that taking a percentage of court work is not
right. Is it legal or fair to take a percentage out of my
court work, or is it just supposed to be on my deposition
work? Signed, Order in the Court
Dear Order in the Court: Sounds like a standard 70/30 split
arrangement to me. If so, that’s the split, and it applies
to everything — depositions, trials, night hearings, arbitrations. It applies to attendance fees, per diems, drafts, and
transcript orders, whether regular turnaround or expedite
requests. It means the agency keeps 30% of everything.
The only exceptions would be ones you negotiated in a
verbal understanding or, better, in a written contract you
have with the agency detailing your payment particulars.
That’s why I am a proponent of written contracts. There
are always gray areas in the absence of a contract.
Take a look at my answer to Newbie in Business above,
where I outlined some things you might expect to see
in a court reporter’s independent contractor agreement. In addition to specifying the details of a service
relationship, the four corners of a contract will assist the
parties should conflicts arise. If your agreement is oral,
you and the agency must rely on memory. And we all
know what that means! We court reporters spend our
working lives recording folks’ widely divergent memories
Continued on page 18
19
on
the
job
of the same events! Written contracts bring a sense of
trust to a relationship, and comfort in knowing it’s all there
in black and white.
Contracts don’t have to be forever; they can be adjusted
over time. If your 70/30 split has worked for years in a
deposition setting, then you suddenly find yourself doing
court work for the agency, you can review the contract
and amend it as needed to cover what’s new and different about working in court. The contract provides a
vehicle for having that discussion.
We are pre-programmed, I think, to distrust contracts.
We’re taught that the big print giveth and the fine print
taketh away. Contracts are good. We should use them
— but keep them simple — and look to them as a guide
for providing our services and as a watchdog to protect
our income. Bright lines and strong boundaries create
comfort in relationships. We should welcome them.
F o u r
You can’t anticipate every twist and turn of a working
relationship, and often we’re simply left with the good
faith of the parties when a conflict arises. A good-faith
discussion about a court reporting issue might include
local custom and practice, input from your state association leadership, reference to NCRA’s advisory opinions, or
even a post to your favorite social network. It’s important
to seek help from respected professionals.
Differences of opinion happen even among good people. Thomas Jefferson wrote about these matters, and
I think his wisdom, as always, is worth quoting: In every
country where man is free to think and to speak, differences of opinion will arise from difference of perception
and the imperfection of reason…Every difference of
opinion is not a difference of principle.
D e c a D e s
o F
s e r v i c e
The NaTioNal law JourNal reaDers have spoken:
Best Court Reporting &
Deposition Service Provider
u.s. LegaL support was voted a national finalist for the
2012 BEST OF THE NATIONAL LAW JOURNAL. It is a pleasure to thank
our clients, court reporters and employees, and all who favored us, for
your gracious support. Your vote of confidence speaks volumes about the
integrity of personalized service we provide in court reporting, record
retrieval, legal placement and staffing, and litigation support services.
Visit our website or call any of our national offices to find out more.
Toll Free 800-567-8757 | uslegalsupport.com
20
USLeg-NatLawJournl-HPH-v2.indd 1
9:07 PM
May/June/July 20125/7/12
• FCR
Online
FCRA welcomes the
following new members
(Includes all members who joined as of June 1, 2012)
ASSOCIATE MEMBERS
NAME
CITY
SPONSOR
Aaron, Ana............................................................................................. Orlando..................................................................................................Merritt Hill
Bean, Danielle........................................................................................ Orlando..................................................................................................Merritt Hill
Capece, Cindy................................................................................. Ft Lauderdale................................................................................... Donna Kadosh
Davis, Kimberly.......................................................................................Inverness.......................................................................................... Bridget Hayes
Douglas, Kathy.................................................................................. Ft Lauderdale................................................................................... Donna Kadosh
Fazio, Tracy Lyn................................................................................... Boca Raton.....................................................................................Claudia Witters
Fisher, Dona.............................................................................................. Ocala................................................................................... Christine Bradshaw
Gray, Vicky........................................................................................ Ft Lauderdale................................................................................... Donna Kadosh
Harkins, Kathryn................................................................................. Winter Springs...................................................................................Sandra Estevez
Hartsfield, Natalie................................................................................... Orlando..................................................................................................Merritt Hill
Hill, Cuyler............................................................................................... Orlando..................................................................................................Merritt Hill
Houlf, Patrice..........................................................................................Peoria, IL.................................................................................................. Rick Levy
Martinez, Matthew.............................................................................El Centro, CA....................................................................................Sandra Estevez
Nail, Ashley..........................................................................................Rainbow, TX.............................................................................Marla Dieffenwierth
Smith, Paul.............................................................................................. Orlando..................................................................................................Merritt Hill
Smith, Susie.......................................................................................... Augusta, GA.............................................................................Kelly Owen McCall
Sutherland-Vidal, Marti.........................................................................Plantation..............................................................................................Paula Laws
Wear, Courtney........................................................................................ Ocala............................................................................................ Bridget Hayes
Wilde, Marni....................................................................................... Ft Lauderdale................................................................................... Donna Kadosh
Zweizig, Douglas.............................................................................. Philadelphia, PA.............................................................................. Susan Wasilewski
PARTICIPATING MEMBERS
PARTICIPATING
Andrews, Heather................................................................................... Tampa.........................................................................................Sandra Estevez
Belcher, Janice................................................................................... Pittsburg, CA....................................................................................Sandra Estevez
Carroll, Natalie................................................................................. Sunny Isles Bch............................................................................................. Rick Levy
Chin, LaQueeta................................................................................ Ft Lauderdale................................................................................... Donna Kadosh
Chong, Jessica.................................................................................Pembroke Pines.................................................................................. Donna Kadosh
Conroy, Janet........................................................................................Sarasota......................................................................................... Judy Everman
Cordova, Samantha.......................................................................... Jacksonville...................................................................................... Angela Collins
Cunningham, Robin................................................................................ Davie............................................................................................. Tanya English
Ellis, Kelly.............................................................................................. Miami Shores...........................................................................................Jody Olson
Erwin, Lori Gainey................................................................................Lake Worth......................................................................................... Dawn Ramos
Essig, Kristina........................................................................................Cooper City..................................................................................... Donna Kadosh
Fliegelman, Susan.................................................................................... Miami..........................................................................................Sandra Estevez
Goldberg, April...................................................................................... Hypoluxo....................................................................................... Corrine Belliotti
Grimes, Marta Lehman.....................................................................Coral Gables................................................................................Michael Benowitz
Hall-Loeb, Diana..............................................................................Pembroke Pines.................................................................................. Donna Kadosh
Horiski, Katrenia........................................................................................ Ocala................................................................................... Christine Bradshaw
Lane, Victoria......................................................................................... Orlando..........................................................................Freida Sclafani Williams
Liddell, Lauri.......................................................................................... Bradenton........................................................................................ Janet Conroy
Mensch, Stefanie.....................................................................................Sunrise......................................................................................... Sharon Velazco
Moscoso, Amy..................................................................................Pembroke Pines.................................................................................. Donna Kadosh
Neukomm, Dawn....................................................................................Odessa........................................................................................ Kelly A. Hickson
Oviedo, Ivette.......................................................................................... Miami......................................................................................Mary Stephenson
Pilarski, Patricia.......................................................................................Sarasota.......................................................................................... Janet Conroy
Russell, Blair............................................................................................. St Cloud.........................................................................................Susan England
Santos, Christina............................................................................. Pompano Beach................................................................................. Donna Kadosh
Sheridan, Jill Ann......................................................................................Jupiter........................................................................................... Judy Everman
Siegel, Suzanne.................................................................................. Coral Springs........................................................................................... Jo D Olson
Stenbeck, Mollie.................................................................................Glen St. Mary............................................................ Stephanie Powers Cusimano
Stimson, Shawna..................................................................................... Deland.......................................................................................Paulita E Kundid
Velazco, Sharon....................................................................................... Miami.................................................................................................... Rick Levy
West, Darline Marie............................................................................Delray Beach.............................................................................................. Rick Levy
STUDENT MEMBERS
student
Bargashoun, Ruba............................................................................ Wilton Manors..................................................................................Marline Bogagy
Carpentier, Kirsten................................................................................ Bradenton.............................................................................................Lauri Liddel
Diamond, Tanya............................................................................. West Palm Beach........................................................................ Julie Giordano Sork
English, Angeli................................................................................. Pompano Beach...............................................................................Jessica Donnelly
Lamb, Danette....................................................................................... Orlando....................................................................................... Debra A. Wynn
Math, Jennifer....................................................................................Delray Beach....................................................................................... Robin Merker
Zuniga, Jessica....................................................................................... Orlando...........................................................................................Karen Renner
MEMBERSHIP APPLICATION
Florida Court Reporters Association
*Name (Please print)_________________________________________________________________________________________________
*Company____________________________________________________________________ r
Owner r Co-owner r Manager
*Mailing Address_ ____________________________________________________________________________________________________
*City/State/Zip_ _____________________________________________________ NCRA #________________ NVRA #_ ________________
*Telephone: Home (____) __________________ Office (_____) ____________________ FAX (_____) ___________________________
CHECK ONE: r OK to publish home phone number in directory.
r DO NOT publish home phone number!
*E-mail address____________________________________________________Website Address_ _________________________________________________
*METHOD OF REPORTING: r
*TYPE OF REPORTER: Stenographic
r
Voicewriter
r
Gregg
r Freelancer Official r Deputy Official
*DESIG: r CSR [List State(s) other than FL]__________________
r
r Federal
Pittman r
r Teacher
Other _______________________________
r Student
r Other _______________
r FAPR r FPR r RPR r RDR r CMRS r RMR r CLVS r CRI r CRR r CPE
*Asterisk indicates required information.
I make application for Membership as a: (CHECK ONE)
p
PARTICIPATING MEMBER...............................................................$300.00
Open to anyone engaged in active practice of official or general
court reporting by either stenographic or voicewriter method. (Please
indicate method above.)
p
STUDENT MEMBER............................................................................$35.00
.Open to any student of shorthand reporting who is endorsed by a
court reporting training program instructor or director.
p
RETIRED MEMBER.............................................................................$45.00
.Open to any participating member in good standing who has retired
from the active practice of shorthand reporting.
p
ASSOCIATE MEMBER..................................................................... $90.00
This category is open to the following (please check one):
___ Teachers of shorthand reporting
___ Individuals officially connected with a school or college conducting
shorthand reporting course - School Name & Location__________________
___ Non-member individuals retired from active shorthand reporting
___ Anyone professionally associated with or employed by a member of
FCRA whose application is endorsed by a participating member in
good standing (please print sponsoring member’s name below where
requested)
___ Anyone qualifying for Participating membership, but residing outside
of Florida - State of Residence ____________________________________
VENDOR MEMBER..........................................................................$500.00
Open to any firm or corporation engaged in selling products or services
to FCRA members.
p
PRO BONO: Are you interested in donating time to the Pro Bono Program?
p Yes p No
FLORIDA MANUAL: The guide to court reporting in Florida — sample forms, guidelines,
and rules of court. Cost for members: $75.00. Subscription to updates: $25.00.
I hereby make application for membership in the Florida Court Reporters
Association and pledge myself, if accepted, to abide by the requirements
of the Bylaws and Code of Professional Responsibility of the Association
as they are now and as they may be amended in the future.
I understand that all applications are subject to review and approval by
FCRA. All applicants must be sponsored by an FCRA member in good
standing per FCRA bylaws.
______________________________________________________________
Signature of Applicant
Date
______________________________________________________________
Name of Sponsoring Member (Please print or type)
PAYMENT ENCLOSED FOR:
Membership Dues
$______________
Florida Manual on disk:
__ copies @ $75.00 each
(Includes 7% sales tax + handling) ______________
One-year subscription
to Florida Manual Updates
__ subscriptions @ $25.00 each
(Includes 7% sales tax + handling)
______________
MEMBERSHIP DIRECTORY: Searchable geographical and alphabetical members’ listing
in Member’s Only section of our website.
The dues year is November 1 through October 31. Annual dues must accompany application. Those joining in August, September, or October of a given year will be paid
through October 31 of the following year. Dues payments are deductible by members
as an ordinary and necessary business expense. In accordance with Section 6033(e)
(2)(A) of the Internal Revenue Code, as amended, members of the FCRA are hereby
notified that an estimated 10% of your FCRA dues will be allocated to lobbying and
political activities, and therefore is not deductible as a business expense.
TOTAL ENCLOSED:
$__________
r Check #_________________ r MasterCard r VISA r AmEx
Account #___________________________________________________
Exp. Date:____________________________________________________
For Administrative Use Only
Amount to charge: $________________________________________
Date Rec'd ______________ Ref # ______________ Amount ______________
Date Approved ______________ Computer ______________
Authorized Signature_________________________________________
Make check payable to FCRA and mail to FCRA Headquarters, 222 S. Westmonte Dr, Ste 101, Altamonte Springs, FL 32714
Telephone 407-774-7880 • FAX 407-774-6440 (for charge payments only) • www.fcraonline.org
Rev 8/2011

JOIN FCRA IN CLEARWATER BEACH!

Transcription

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