Florida lawyer sues court reporters for fudging margins.

Court reporters are typically all but invisible in the courtroom, unobtrusively documenting every word of a trial. But if a South Florida lawyer gets his way, two court reporting agencies in that state may find themselves at the center of class action proceedings that could involve thousands of claimants and millions of dollars in damages.

In separate lawsuits, Gary Kollin, a Fort Lauderdale lawyer, claims that the agencies--Esquire Reporting Services and Official Reporting Services, Inc.--have overcharged customers by producing transcripts that have larger margins and fewer characters per inch than local court administration rules require. These practices result in longer transcripts, the lawsuits allege, and because court reporters are paid by the page, customers have been paying more than they should. (Kollin v. Esquire Reporting Servs., No. 04000494 (Fla., Broward County Cit. Ct. amended complaint filed Feb. 9, 2004); Kollin v. Official Reporting Servs., Inc., No. 04-00483(11) (Fla., Broward County Cir. Ct. amended complaint filed Feb. 9, 2004).)

The lawsuits are based on a handful of transcripts that Kollin's firm ordered from the defendants, costing less than $1,000 total. But Kollin suspects his firm isn't the only customer that has paid more than it bargained for. "It's not just my one or two depositions," Kollin said. "[The class] could be in the tens of thousands."

Kollin is suing on behalf of his firm and "a class of persons, attorneys, lave firms, business entities, and government agencies who purchased transcripts and judicial proceedings" from the defendants.

Official Reporting Service's lawyer, Ricardo Reyes of Boca Raton, said due allegations against his client are unfounded. "We believe there is no basis to the case whatsoever, that the transcripts that Mr. Kollin is suing on are in compliance with [court rules], and that he has no basis to sue us whatsoever," Reyes said. His client has filed a motion to dismiss the case and another for sanctions, asking for reimbursement of legal fees.

Kollin said that his former marriage to a court reporter--as well as a case he handled in the early 1990s involving procedures for obtaining copies of court reporter transcripts in criminal cases--made him "quite familiar with court processes and the procedures of court reporters, including the requirements for their margins and similar matters."

When he noticed a problem with the transcripts he ordered from the defendants, Kollin said, he complained and tried unsuccessfully to settle the matter amicably. In addition to the problems with margins and type size, Kollin said, he also protested Esquire's policy of charging a $20 handling fee for transcript preparation. Kollin's complaints allege that both parties refused to refund the money that Kollin said he was overcharged.

Esquire's lawyer could not be reached for comment, but Reyes has no concern that the case against his client will go beyond the pleading stage. "For the variety of reasons that we've raised in out motion to dismiss--and I think they're self-evident--there is no claim against Official. We're very confident that [the complaint] will be dismissed," Reyes said.

At press time, the court had not yet set a hearing on Official's motions.