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STENO AGENCY, INC.
COURT REPORTER AGREEMENT

Effective: As of March 21, 2025

 

This Court Reporter Agreement (the "Agreement") is entered into by and between Steno Agency, Inc. ("Company" or "Steno") and YOU, a court reporter licensed in (*State[S]), with a notary or court reporting number of (“Court Reporter”) as of the date of the last signature below ("Effective Date") with reference to the following:

Table of Contents

Engagement of Services - Overview

  1. Company may make available assignments to Court Reporter for court reporting services, which may include but are not limited to, swearing in witnesses, transcribing depositions and/or other litigation-related proceedings, reading aloud portions of the record when requested, preparing and certifying transcripts, and performing related services ("Services").
  2. Court Reporter will render Services by the completion dates set forth by Company, by Company's customers, and/or by statute, whichever is earliest. Court Reporter agrees to use its best efforts to render Services, including providing rough and certified transcripts, in a timely fashion and to reasonably communicate with Company regarding the status of any pending Services.
  3. In order to render the Services, Court Reporter must provide his or her own backup audio recording software, and Court Reporter must ensure that such recording software is working properly before each job. Court Reporter understands that even if Steno also records a deposition, such a recording is a courtesy and not a substitute for Court Reporter's responsibility. For more information on Court Reporter's recording obligations, see this Agreement under "Audio Files."
  4. Court Reporter understands that it is Court Reporter's duty to gather exhibits following each deposition. While Steno may also have the exhibits, Court Reporter understands that the exhibits are ultimately the Court Reporter's responsibility. For more information on Exhibits, see this Agreement under "Exhibits and Hold Notes."
  5. Court Reporter is required and expected to follow all the laws, rules, and regulations pertaining to court reporting, including all ethical rules.
  6. Court Reporter understands that this is not an employment relationship and that Court Reporter has no right to access Steno's marketplace or be offered jobs by Steno. Steno may reduce, remove, or change Court Reporter's access to Steno's marketplace any time, with or without notice to Court Reporter.

Compensation

  1. Court Reporter will be paid as soon as reasonably practicable, generally within one week following the delivery of Court Reporter's completed work (i.e., ascii files or other materials) and the submission of an invoice. In no event will Court Reporter's compensation be tied to, or contingent on, the outcome of any case.
  2. For more information on Steno's court reporter billing and production policy and for Steno's style guide, please see this document.

Rates 

  1. All rates must be submitted to and approved by Company before Court Reporter takes a job with Company. Company will not accept additional charges beyond what has been submitted on Court Reporter's rate sheet in advance.
  2. Company reserves the right to object to the invoices sent by Court Reporter. Company agrees to pay for services generally accepted in the industry at rates that are generally accepted in the industry. If Company reasonably believes that the amounts claimed by Court Reporter are improper or excessive, Company reserves the right to challenge Court Reporter's invoices and to reimburse Court Reporter at the standard rate for each challenged item.

Exhibits and Hold Notes

Exhibits:

  1. It is Court Reporter's responsibility to gather exhibits introduced in connection with a deposition, wherever those exhibits are presented, including in-person, online (such as through Box.com), through an online remote deposition platform, such as the chat feature on Zoom, or through Steno's proprietary Steno Connect for Zoom.
  2. Exhibits may be provided by a firm to Steno as a courtesy, but Court Reporter must not rely on Steno to be the primary custodian of such exhibits. Steno is not the primary custodian of exhibits at any time, even if those exhibits are submitted through Steno Connect for Zoom.
  3. It is Court Reporter's responsibility to follow up with any attorney following a deposition if the exhibit was not obtained during the deposition. If Court Reporter is unsuccessful in obtaining an exhibit or exhibits, Court Reporter must inform Steno.
  4. Court Reporter must provide all exhibits introduced at a deposition to Steno as soon as possible but no later than three (3) days following a deposition, regardless of whether Court reporter transcribes the deposition or not.

Hold Notes:

  1. If a Court Reporter does not produce a transcript following a deposition, but is rather asked to hold notes, Court Reporter must hold the notes from the deposition for the duration of time as required by the appropriate jurisdiction.
  2. Court Reporter must also keep all notes and backups for the time period required by the appropriate jurisdiction.

Audio Files

  1. Court Reporter is responsible for (a) having a backup audio recording of all proceedings, regardless of whether the deposition is in person or remote, and regardless of platform, and (b) ensuring that such audio is of acceptable quality.
  2. It is Court Reporter's responsibility to archive the audio for the amount of time required by the appropriate jurisdiction.
  3. While Steno may record a deposition and provide the audio files to Court Reporter as a courtesy, Steno is under no obligation to record or maintain audio files.
  4. If Court Reporter cannot produce a transcript at the requisite time period and Steno has indicated that its client is in urgent need of a transcript, Court Reporter agrees to provide backup audio to Steno so that another court reporter may transcribe it. In the event a Court Reporter provides backup audio to Steno, Steno agrees to pay a reasonable fee for such audio.

Expedited Transcripts

  1. If an expedited transcript is not turned in during regular business hours on the date the expedited transcript is due, Court Reporter accepts the risk that Company may not deliver the expedited transcript to the client until the following day. If Company does not deliver an expedited transcript on the date requested by the client because the transcript was received after regular business hours, Company reserves the right to reduce the amount of money owed to Court Reporter by one expedited day.
  2. If Company does not deliver an expedited transcript on the date following the date requested by the client because the transcript was received after regular business hours on that second day, Company reserves the right to reduce the amount of money owed to Court Reporter by two expedited days, and so on.
  3. Company also follows recommendations from the applicable Court Reporting Boards in setting reimbursement policies for expedited transcripts.

Late Transcripts

  1. Company expects Court Reporter to hand in all deliverables (transcripts and exhibits) by or before the due date. Company reserves the right to report Court Reporter to the applicable court reporting board or association for failure to timely turn in a deliverable.
  2. If Court Reporter's failure to turn in a deliverable on time causes the Company to have another court reporter transcribe the proceeding, then Court Reporter forfeits all fees in connection with that proceeding.

Style Guide

  1. Company desires to have consistency in its transcripts and makes it style guide available to Court Reporters.
  2. Company's Style Guide can be found at www.steno.com/sg.

Worksheets

  1. It is Court Reporter's responsibility to ensure that the worksheet submitted to Company is accurate and contains the appropriate information on how to process the job (i.e., read and sign information, attorney emails, billing information if provided, copy order information).
  2. Company is not liable for processing a job incorrectly due to errors or omissions on a Court Reporter's worksheet.

Honesty, Impartiality and Behavior

  1. Company expects and requires Court Reporter to be honest in its dealings with Company and Company's clients and to act with impartiality and without bias when performing the Services.
  2. Company reserves the right to terminate Court Reporter from Company's marketplace without notice, to pull Court Reporter off a scheduled job with or without notice, and/or to otherwise cease working with Court Reporter if Company learns that Court Reporter (i) charged for Services or deliverables not provided, (ii) acted with bias in connection with a proceeding, or (iii) acted improperly towards Company personnel, the Company's clients, or to other law firms in a proceeding.

Representations and Warranties

  1. Court Reporter represents and warrants that it possesses all relevant licenses or certifications to perform the Services, i.e., as a notary or certified court reporter, as required by the applicable jurisdiction. Any licensure change must be promptly reported to Steno, but no event more than 48 hours after discovering the change.
  2. Court Reporter represents and warrants that the Services will be performed in a professional manner and in accordance with the industry standards, all applicable laws, rules and regulations, and any requirements set forth by Company.
  3. Court Reporter will not upload any transcript or notes from a proceeding or any document, including, but not limited to, exhibits received from a law firm, deponent, entity or Steno to ChatGPT, Claude, or any other generative artificial intelligence ("AI") tool;
  4. Court Reporter will comply with all applicable federal, state, and local and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability, and other contributions.

Insurance

  1. Court Reporter understands that Steno's general liability and workers' compensation insurance do not extend to Court Reporter. If Court Reporter requires a certificate of insurance to perform Services, Court Reporter will be expected to secure insurance at its own expense.
  2. Steno recommends that court reporters obtain general liability, errors & omissions insurance and workers' compensation insurance for their business needs.

Use of Subcontractors

  1. In the event that Court Reporter uses subcontractors in the performance of the Services (such as scopists, proofreaders, etc.), Court Reporter shall remain fully responsible for the actions and performance of subcontractors.
  2. Court Reporter's subcontractor will be deemed to be Court Reporter for the purposes of defining its performance obligations under this Agreement.

Confidential Information

  1. Court Reporter agrees that during the term of this Agreement and thereafter, it will not use or permit the use of any Confidential Information in any manner or for any purpose not expressly set forth in this Agreement. Court Reporter also agrees that it will hold such Confidential Information in confidence and protect it from unauthorized use and disclosure, and it will not disclose such Confidential Information to any third parties except as provided for below.
  2. "Confidential Information" means all non-public information regarding a case, including, but not limited to, rates, payment terms, pricing information, materials, documents, images, videos, any high-profile or sensitive matters, personal identifiable information (PII) which includes, but is not limited to, any medical information, social security numbers, bank account information, email addresses, and phone numbers, business operations, trade secret information, strategic plans, and all other information communicated to Court Reporter (including information which by the nature of the circumstances surrounding its disclosure should reasonably be understood to be treated as proprietary and/or confidential) that Court Reporter accesses, vies, hears, observes, or is made aware of because of Court Reporter's provision of Services, whether provided by Steno, Steno's clients, or any other person or entity.
  3. Confidential Information will be held in strict confidence, will be used only for purposes of this Agreement, and will not be disclosed by Court Reporter, its employees, contractors or subcontractors (if applicable) for any reason, without the prior written consent of Steno.
  4. "Confidential Information" does not include information that (a) becomes a part of the public domain through no act or omission of Court Reporter, (b) is disclosed to Court Reporter by a third party not in connection with the Services and without restrictions on disclosure, and/or (c) was in Court Reporter's lawful possession prior to the disclosure and was not obtained either directly or indirectly from Steno.
  5. In addition, this section will not be construed to prohibit disclosure of Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that Court Reporter will first have given notice to Company and will have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. All Confidential Information given to Court Reporter by Steno is the sole and exclusive property of Steno, its clients', or its clients' clients.
  6. If Confidential Information is inadvertently disclosed, Court Reporter agrees to notify Steno promptly (not later than 24 hours after the disclosure) and to cooperate with Steno to recover the Confidential Information or mitigate any damages.

HIPAA and Duty to Cooperate in Event of Steno System Breach

  1. Court Reporter understands that there may be instances in which Court Reporter, its employees, contractors, or subcontractors (if applicable) have access to protected health information ("PHI") as that term is defined in the Health Insurance Portability and Accessibility Act of 1996 ("HIPAA"). Court Reporter, and its employees, contractors (or subcontractors, if applicable) agree to safeguard all PHI and ensure its privacy and to execute the Business Associates Agreement ("BAA") attached as Exhibit A. Court Reporter agrees that it, its employees, and subcontractors, if applicable, may also be required to sign a BAA from any law firm in connection with the receipt of PHI, and Court Reporter agrees to facilitate the execution of any required BAA.
  2. In the event of a suspected or actual breach of Steno's data, system, or network, Court Reporter agrees to cooperate with Steno so that Steno may fulfill its legal, statutory, and regulatory obligations.

Media Requests and Subpoenas

  1. If Court Reporter is contacted by the media regarding a case, Court Reporter should direct the media to Steno and is discouraged from commenting.
  2. If Court Reporter receives a subpoena from a law firm or other entity regarding a transcript, Court Reporter should promptly (but not later than 48 hours) inform Steno, so that Steno can reach out to the parties to see if further action should be taken. Court Reporter agrees not to take action before consulting Steno.

Claw Backs

  1. If Steno discovers that a charge from Court Reporter was improper, for instance, a copy was charged for but not ordered on the record or otherwise requested in writing, Steno reserves the right to either (1) claw back the fees already paid to the Court Reporter, or (2) deduct the fees from future or pending invoices.
  2. Steno also reserves the right to claw back fees paid to Court Reporter for deliverables not sold to law firms, including for copy orders not ultimately delivered to a law firm or to pay Court Reporter for copies when a law firm on COD orders the transcript. Steno will provide proof upon request to the Court Reporter that the law firm for which Steno seeks to claw back fees did not take possession of a transcript or any deliverable and refused to pay for it.

Independent Contractor Relationship

  1. Court Reporter's relationship with Company is that of an independent contractor and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship between Company and any of Court Reporter's employees or agents.
  2. Court Reporter is not authorized to make any representation, contract or commitment on behalf of Company.
  3. Court Reporter will not be entitled to any of the benefits that Steno may make available to its employees, including, but not limited to, group health or life insurance, profit-sharing or retirement benefits.

No Assignment

  1. Unless Court Reporter is an agency that works with multiple court reporters, Court Reporter agrees not to assign or delegate its performance under this Agreement to any other person without the express prior written consent of Company.

Term and Termination

  1. Term. This Agreement shall commence on the Effective Date and shall continue in effect until terminated by either party.
  2. Termination. Either may terminate this Agreement with or without cause, at any time, effective immediately, without notice. Termination of this Agreement does not excuse or forgive Court Reporter's obligation to turn in a deliverable (i.e., transcript).

Contact Information and Legal Notices

  1. For routine communications with Steno, Court Reporter should communicate with team members by text message, phone call, or email.
  2. For questions for general questions about Steno, email concierge@steno.com.
  3. For questions about this Agreement, email legal@steno.com.
  4. Any legal notices under this Agreement will be delivered: (i) by personal delivery; (ii) by overnight courier upon written verification of receipt; (iii) by email upon acknowledgment of receipt; or (iv) by certified or registered mail, return receipt requested, upon verification of receipt. Notice will be sent to the address on file for either party or available online, or as either party may specify in writing.

Survival and Governing Law

  1. The rights and obligations contained in the "Representations and Warranties", "Confidential Information," HIPAA and Duty to Cooperate in Event of Steno System Breach Sections" will survive any termination or expiration of this Agreement.
  2. This Agreement will be governed in all respects by the laws of the State of California, United States, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.

Severability, Waiver, and Entire Agreement

  1. If any provisions of this Agreement are held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired.
  2. The waiver by Steno of a breach of any provision of this Agreement will not operate or be construed as a waiver of any other or subsequent breach by Court Reporter.
  3. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may only be changed or amended by mutual agreement of the parties in writing.