Category Archive: Uncategorized

Elizabeth Gallo Court Reporting’s employees voted it to the No. 1 position in the medium employer category!

On Elizabeth Gallo Court Reporting’s website, under “Court Reporters Wanted: Full-time, Part-Time, Flex-Time,” there is a list of employee benefits: health insurance, dental insurance, 401k, and “the best support staff in the world.”

In addition to its team of court reporters, EGCR, founded by former court reporter Elizabeth Gallo in 2006, also operates separate scheduling, billing and production departments. The aim is “to take as much of the prep work off of the court reporter before the deposition so the court reporter isn’t bogged down,” explained Miranda Troy, vice president of people and operations at EGCR.

Troy started working at EGCR on July 1, 2020. In doing her research on the company before committing to her new position, Troy, who has worked at much larger companies, including Delta Air Lines Inc., Cox Automotive Inc. and The North Highland Co., was impressed with what she calls EGCR’s “boutique reputation.” It’s not just about providing a transcript, Troy explained. It’s about “giving great customer service,” she said. That’s due, in large part, to the support staff, she added. “They’re very devoted and they want to do a good job.”

That might be why, for the last several years, one of EGCR’s long-time employees, Gala Reznick, a court reporter, has led the charge to nominate the firm as one of Atlanta Business Chronicle Best Places to Work. This year, EGCR comes in at No. 1 in the medium employer category.

“I am treated like a human, not a number, and I feel respected and listened to,” wrote an EGCR employee in the Best Places to Work survey. “I feel that the company and the owner understand that happy employees make for a happier, better running, and more motivated company. Since I know how much I am valued and everything the company does for me, I am happy to go above and beyond whenever needed.”

dejuan-300x224 Elizabeth Gallo Court Reporting's employees voted it to the No. 1 position in the medium employer category!

Thank You!

While the world is going through this difficult time dealing with COVID-19, we wanted to take a moment to thank our clients for their continued support.  We really appreciate you!

Remote Depositions: The New Normal Due To COVID-19

Remote depositions are becoming the new normal for the legal profession amid the COVID-19 pandemic.  One common concern from attorneys is can the witness be sworn in remotely.  The Federal Rule of Civil Procedure 30(b)(4) and similar state rules, such as O.C.G.A. § 9-11-30(4) authorize remote depositions by stipulation of the parties or court order.

Following Governor Brian Kemp’s declaration of a state health emergency in Georgia, Justice Melton issued a statewide judicial emergency limiting court functions and suspended or otherwise granted relief from a number of statutory judicial deadlines.

Currently the order will remain in effect until April 13, 2020.  During this time, EGCR is waiving any web or videoconferencing fees as long as EGCR is not required to provide a location or equipment outside of EGCR’s facility.  Standard deposition rates will apply.

Our team is working diligently to prepare our staff and our clients for the best experience possible.  Below are some helpful links.

Schedule your deposition

View the remote deposition checklist

Upload Exhibits

We urge our clients if they run into a situation that is unique, to call or email our office so we can provide a solution.

We also have a comprehensive YouTube tutorial on web depositions, along with other tutorials.

We believe remote depositions will continue to be relevant in the future for situations relating to weather.  Georgia can shut down for a week at a time due to weather.  You no longer have to.

While, during this crisis, the EGCR and Ancillary teams are working remotely to prevent the spread of COVID-19, we are still available to answer your questions or concerns.

Indiana Lawyer Sanctioned for Using Evidence Without Sufficient Factual Basis

An Indiana personal injury lawyer has been sanctioned $1,000 by a court of appeals for using the defendant-retailer’s photos to support his own client’s slip and fall case without having sufficient factual basis to do so.

The Appeals Court’s Decision

The 7th Circuit Court of Appeals, based in Chicago, Illinois, sanctioned the lawyer in a January 3rd order. The appeals court criticized the attorney’s weak argument supporting the claim that photos taken by defendant-retailer Walmart were from the day his client suffered an injury.

The appeals court suspected the evidence when it noticed the date stamp had been removed on one of two photos submitted by the lawyer in an appendix on appeal of the case. Both photos appeared to show the condition of the Walmart store’s floor. One photo was dated 11 days after the plaintiff allegedly slipped on a hanger and fell down. The plaintiff’s attorney claimed the photos showed debris on the floor the same day his client slipped and fell, and claimed that Walmart had actual or constructive notice of the dangerous condition in the store that caused the accident.

The appeals court issued an Order for Cause demanding the attorney explain why he should not be sanctioned for misrepresentation. The attorney responded that the date stamp on the photo disappeared when the photographs were scanned and reproduced by his office. The attorney further argued that the date was on Walmart’s mounting sheet, not a time stamp on the photograph itself, and defendant-retailer never argued the photographs were taken on a date later than when the accident occured. The attorney further maintained he had a good faith basis for claiming they were taken on the day of the accident because (1) the client said the photos reflected the condition of the site when the slip-and-fall happened and (2) Walmart turned over the photos in response to a discovery request.

Unpersuaded, the appeals court noted the attorney should have accepted responsibility for the missing date on the photograph instead of shifting the blame. The appeals court also found the attorney failed to perform due diligence regarding the evidence provided to the court. The appeals court further found the attorney did not have a sufficient basis to represent that the photo was taken the day of his client’s slip-and-fall accident.

Factors Considered in Imposing Sanctions

The American Bar Association’s (“ABA”) has Model Rules for Lawyer Disciplinary Enforcement, which are followed by many states across the nation. There are several factors to be considered when imposing sanctions after it has been determined that misconduct has occured on the part of a lawyer. These include:

  • Whether the attorney has violated a duty owed to: (a) the client, (b) the public, (c) the legal system, or (d) the legal profession;
  • Whether the attorney acted knowingly, negligently or intentionally;
  • The amount of the potential or actual injury caused by the attorney’s misconduct; and
  • The existence of any mitigating or aggravating factors.

No practicing attorney wants to face sanctions imposed by a court. Be sure to follow the Rules of Professional Responsibility at all times so that you are not facing the same fate as the Indiana lawyer.