Court Reporters & Insurance

Court reporters, like attorneys, are keenly aware of how litigious our society is, and yet while many carry professional liability/errors and omissions insurance, many do not. If you are a typical court reporter, you are a perfectionist, and you believe because of your very nature, you won’t ever need any such coverage. Thankfully, you are probably right. Unfortunately, “probably right” won’t protect your personal assets or reputation.

What must a reporter do, or fail to do, in order for a plaintiff to win in a lawsuit against him/her? According to an article published in the JCR in October of 2010 by General Counsel Wayne Cohen, entitled “Protect Yourself,” a court reporter would have to deviate from the standard of care, and that deviation would have to result in damages.

The standards in the Code of Professional Ethics promulgated by the National Court Reporters Association will likely be utilized as a guideline in determining “standard of care.” Even if the verdict is handed down in your favor, the mere costs of defending yourself could eat up a large portion, if not all, of your life savings.

As court reporters, we strive always for 100 percent accuracy. But what if you had an “oops” moment, as described in this January 2010 JCR article, and “forgot” to swear in the witness, or somehow incorrectly globalled a word as you quickly inserted your final corrections? Or an exhibit somehow disappeared as it moved from the chain of custody from you, to the office, and back to counsel?

Cohen suggests, in addition to obtaining insurance, being careful every step of the way, backing up and maintaining copies of everything, including your audio files, never relying upon your scopist for the final proof, and staying on top of your game.

Acquiring a good E&O policy should be a priority for all reporters, even officials. After all, none of us is perfect. Consider it an investment in your future and take the plunge. After all, you’re worth it!