Occasionally, BCSRA members experience difficulties getting paid in a timely way or at all for court reporting or transcription services. Sometimes reference is made to the COVID pandemic and its effects, including scheduling issues and the transition to greater use of video-conferencing technology for examinations and testimony. Sometimes reference is made to cash flow issues. In any case, court reporters should not have to bear the brunt of these challenges. Ensuring that the important service of court reporters continues without difficulties requires that prompt attention be given to payment for their services.

The BCSRA Board of Directors wishes to express its ongoing support for members and to encourage court reporting firms and lawyers to work diligently to ensure that payment for court reporting services is made in a timely manner.

If you are a BCSRA member experiencing difficulties getting paid in a timely way or at all for court reporting or transcription services and you've already attempted to resolve the issue amicably and respectfully, consider the following:

1. Gather all relevant information, including your contract (if applicable), your sent invoices, and total outstanding amount owing.
2. Send a detailed email to your client outlining the work completed, such as job or invoice numbers); the amount owed; and the terms of your contract. Send a similar email once a week.
3. If you are not receiving a satisfactory response, consider sending an official demand letter, which is similar to the above but sent through registered mail or courier.
4. (Optional) Request BCSRA-hosted mediation.
5. Move on to more serious collection methods. (See other FAQs for more information.)

Most court reporters work as contractors to court reporting firms and are not employees. If they were employees, they would have rights under Employment Standards Act provisions. As contractors, however, their remedies for non-payment for their services may involve proceeding through debt collection tribunals and courts. They likely also have the right to refuse to provide further services until payment is made.

As contractors, their rights include the right to bring collection proceedings before:

• the Civil Resolution Tribunal (for matters up to $5,000),
• Small Claims Court (for matters up to $35,000), or
• the BC Supreme Court (usually only for matters in excess of the jurisdiction of lower courts and tribunals).

The Civil Resolution Tribunal website provides a readily accessible means of learning about their process. The BC Small Claims Court is similar. In the event that a claim is greater than $35,000, it is likely preferable for a lawyer to be engaged to prepare a Notice of Civil Claim to be filed in the BC Supreme Court.

Under the Law Society's Code of Professional Conduct:

7.1-2 A lawyer must promptly meet financial obligations in relation to his or her practice, including payment of the deductible under a professional liability indemnity policy, when called upon to do so.

If you cannot resolve your issue with counsel, you can file a complaint with the Law Society of British Columbia.