The direct answer is, only you can decide. I would like to share with you some of what I know. Regardless of whether you are seeking to work with a local boutique firm or working with a nationwide company, you must ask a lot of questions. You must interview them as much as they interview you. This economy has companies employing strategies that could put you at risk.
Here are some questions to ask (in your own artful way):
Are you an NCRA Ethics First participant?
What are your sales incentives to clients?
Does your firm offer gifts to potential or existing clients?
Does your firm offer digital court reporting?
Do you have contracting terms with your clients?
Will I be asked to use a webcam to video record the depositions I take?
These are questions that I find to be important subjects swirling in our industry. I would like to share what I know regarding the subjects.
Gift-Giving: Is this really a problem for me? Well, it can be. Click here to read the NCRA's Advisory Opinion from 2011. You may think, hey, if I'm not a member of NCRA, then I'm not bound to this. You're right, but keep reading. From where I sit, gift-giving is the biggest problem for the client. According to the NCRA, the consequence for the client is getting hit with a tax problem if the gifts exceed $100 total for the year. Do you really want to be the cause of your client having to answer to the IRS? Click here to print a trifold brochure educating your clients about this problem. From what I understand, if you are a member of an NCRA-affiliated state association, you are bound by the Advisory Opinion as well. And let's be frank, it does not take an association to make gift-giving unethical due to its obvious invasion on our duty to be impartial.
Digital Court Reporting: You may not have a problem with digital court reporting. That's great. Then work with any agency that offers it. No problem, but just keep your eyes and ears open. The reason this method has taken off is because of the profit margin that agencies make off of these unsuspecting so-called reporters. So where does that leave you? Taking menial work just so the agency can hide behind the stenographic veil to make themselves look or continue to look credible. These agencies will be sure to tell you that they use the digitals to take the jobs that you won't want to take and make it sound like a really nice win-win. The only way you will find out the truth is to take a chance, but like I said, keep your eyes and ears open.
Contracting: All I know about contracting is, if the agency is slashing their prices, then they are slashing your paycheck. Simple as that. Not to mention that here is what NCRA has to say about it on their site: "Litigants, other participants in the judicial system, and the general public expect that depositions and court procedings be recorded by a competent, independent and neutrall court reporter who has no stake, financial or otherwise, in the outcome of the action. Prohibiting parties of interest in litigation from having a direct contractual relationship with court reporters, as officers of the court, is necessary to ensure the public's faith in the integrity and impartiality of the judicial system."
Web Cam: If you are asked to carry one, then you should really read the NCRA's Advisory Opinion right here.
Make it your business to know the agency's business. Being inquisitive is a sign that you are ethical and take great pride in your work!
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