Tips for a Better Experience with Remote Depositions/Hearings

Fri, 22 May 2020 00:32:19 GMT

Tips for a Better Experience with Video Conferencing

Keeping your clients and cases on track is becoming more and more important as we head into week 10 of shelter-in-place with many deadlines fast approaching. As each of our businesses will be starting to open up, armed with our safety guidelines in place, in the next few weeks finding the best means to continue serving while social distancing for all of us will be the upmost important. Many Courts, litigators, and mediators will begin to proceed with their litigation matters via remote video or telephonic conferencing. We like to share with you our tips we have found that help to have a better remote experience for depositions, court proceedings, hearings, meditations, and meetings.

* Before joining check the lighting in your space. If there is a window in your space best to sit facing the window, where the light is directly on your face. If you have an overhead light this might throw a shadow on you, so you might not be seen very clearly. Same as if you have a light behind you, it will help to have the light going towards your face directly to best be seen.

* Be mindful of what is behind you and choose a solid neutral wall if possible. Some of the different platforms have a virtual background you can choose in the settings menu. While you are at it why not take some time to look at all the other options as well in the settings menu that might help you to be more confident and comfortable.

* We found if you are using a laptop or phone it really helps if you can put something under your laptop/phone to position the camera more at eye level or slightly above eye level to make a more comfortable sitting experience and prevent an awful neck and back strain. Being comfortable is most definitely important to having a better experience.

* When joining a remote video/telephonic proceeding best to enter with your microphone on mute. This helps as it gives you more time to situate yourself and not to disturb anyone if they are already talking.

* For better sound quality we recommend, if you can, set your audio on your computer to mute and call-in to the phone number provided using a speaker phone landline or good quality cell phone. This will help you to hear everything and not miss a word as some computers audio sometime tend to have glitches with some bleep out moments This will also prevent you from missing anything being said if for some reason your computer freezes up or disconnects you, as you never know with technology what will happen.

* When speaking, remember to look directly at the webcam, not the screen and remember to speak one at a time, pause prior to speaking in case there is any lag with the video as this will provide a better record for the court reporter as well.

* For Exhibits/documents being presented during the proceedings we found emailing a copy to all parties beforehand works best. As well as mailing a hard copy to the witness where you will have them open your package up during the proceedings and at the time you are ready to present them. Many platforms also have a screen sharing where you can upload and share your document when you are ready to present them to everyone in the proceeding.

Here's to many successes and a better experience for all of you as you keep serving and venture forward in doing business more and more in this new remote world.

AB 5 & Freelance Court Reporters/Independent Contractors

Fri, 06 Mar 2020 00:42:47 GMT

AB 5 & Freelance Court Reporters/Independent Contractors

While Court Reporters still are awaiting to be exempt from the new AB 5 law that became effective on January 1, 2020, there are a few things that you can do in the meantime to try and protect your status as an independent contractor. We have spoken with our attorneys in which they all agreed this is the most likely way to protect yourself to maintain your independent status. (This information is NOT intended to substitute for legal advice from your own attorneys and tax adviser).

We have had many court reporters ask us what to do the First thing we would do is become an authentic business entity - working as an individual doesn't count. You must be a qualifying business entity that has a business license listed as either a sole proprietorship, partnership, limited liability company (LLC) or corporation (s-corp or c-corp).

Steps to take for example for a Sole-Proprietor, which is fairly easy and quick to accomplish:

#1 – Get a business license from the city where your home office is located.

#2 – Choose a business name that you wish to operate under. Example: “Patricia Smile, CSR 14457”

#3 – File for a Fictitious Business Name (FBN) which you file with your local County Clerk’s office. Request a Fictitious name Statement form. (Other legal entity types can be searched at https://businesssearch.sos.ca.gov ) You'll be granted that name, assuming there is no one else with that business name that you chose.

#4 – Once the FBN is filed, it must be published. Your new FBN now becomes your business name.

#5 – All pay from agencies/business you decide to work with should be made to you under your new business name. #6 - Get a Federal Employers Identification number (FEIN). FEINs are free and can be applied for online.

#7 – Once receive your FEIN fill out & send in a new W9 to your agencies or businesses you work with

#8 – We think this is important - Once you have all your paperwork proof, Business Lisc, FBN, and FEIN that show you are an Official Bona-Fide Business open a separate Business Bank Account under your new Business Name. You need to keep records of everything that you do for your business separate from your personal items.

~Yay, you did it! Now you are all set to go and are an Authentic Independent Business! ��

Now Second thing to tackle to be sure you'll be considered as an Independent contractor is to satisfy the following items listed for AB 5 as follows:

1) You must be free from the hiring Company's control and direction while performing the work

(this must be set forth in the contract and be true in fact). 2750.3(e)(1)(A)

2) You must provide services directly to the contracting business rather than to customers

of the contracting business. 2750.3(e)(1)(B)

3) You must have a written contract. 2750.3(e)(1)(C)

4) You must have all required business licenses or business tax registration. 2750.3(e)(1)(D)

5) You must maintain a business location separate from the business or work location of the hiring company. 2750.3(e)(1)(E)

6) You must be customarily engaged in an independently established business of the same nature as that involved in the work performed. 2750.3(e)(1)(F)

7) You must actually contract with other businesses to provide the same or similar services and maintain a clientele without restrictions from the hiring Company. 2750.3(e)(1)(G)

8) You must advertise and hold yourself out to the public as available to provide the same or similar services. 2750.3(e)(1)(H)

9) You must provide your own tools, vehicles, and equipment to perform the services. 2750.3(e)(1)(I)

10) You must provide your own tools, vehicles, and equipment to perform the services. 2750.3(e)(1)(I)

11) You must be able to -- consistent with the nature of the work -- set your own hours and location of work.2750.3(e)(1)(K)

12) You must not be performing work that requires a license from the Contractor’s State License Board. 2750.3(e)(1)(L)

These steps can really be taken for anyone who really wants to try and keep there independent status.

This information is NOT intended to substitute for legal advice from your own attorneys and tax adviser.

Without case law precedent, it is not possible to definitively state we fall under the above exemption. However, it appears that agencies and CSRs do qualify if the conditions are met. Suggest you do your own follow-up by reading, searching, and consulting with your own counsel and tax adviser.

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Cal-Pacific News & Etc.

Tips for a Better Experience with Remote Depositions/Hearings

Tips for a Better Experience with Video Conferencing

AB 5 & Freelance Court Reporters/Independent Contractors

AB 5 & Freelance Court Reporters/Independent Contractors