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I am looking for input from others on having a stenographer present at an online vocational evaluation. She was hired by opposing counsel. I contacted the defense attorney that contracted my services and the evaluation was cancelled for the time being.  I was given no prior notice, which would be a minimum expectation, I would think, with consent also being required. I don't agree to being ambushed.  

What are your thoughts on allowing a stenographer to transcribe a vocational evaluation?  What preliminary steps would/do you take?  What follow-up expectations do you require?  What are the possible negative outcomes for a vocational expert for allowing this type of recording of the vocational interview? 

The venue is Philadelphia County Court of Common Pleas. 

I am looking for input from others on having a stenographer present at an online vocational evaluation. She was hired by opposing counsel. I contacted the defense attorney that contracted my services and the evaluation was cancelled for the time being.  I was given no prior notice, which would be a minimum expectation, I would think, with consent also being required. I don't agree to being ambushed.  

What are your thoughts on allowing a stenographer to transcribe a vocational evaluation?  What preliminary steps would/do you take?  What follow-up expectations do you require?  What are the possible negative outcomes for a vocational expert for allowing this type of recording of the vocational interview? 

The venue is Philadelphia County Court of Common Pleas. 

I am looking for input from others on having a stenographer present at an online vocational evaluation. She was hired by opposing counsel. I contacted the defense attorney that contracted my services and the evaluation was cancelled for the time being.  I was given no prior notice, which would be a minimum expectation, I would think, with consent also being required. I don't agree to being ambushed.  

What are your thoughts on allowing a stenographer to transcribe a vocational evaluation?  What preliminary steps would/do you take?  What follow-up expectations do you require?  What are the possible negative outcomes for a vocational expert for allowing this type of recording of the vocational interview? 

The venue is Philadelphia County Court of Common Pleas. 

I am looking for input from others on having a stenographer present at an online vocational evaluation. She was hired by opposing counsel. I contacted the defense attorney that contracted my services and the evaluation was cancelled for the time being.  I was given no prior notice, which would be a minimum expectation, I would think, with consent also being required. I don't agree to being ambushed.  

What are your thoughts on allowing a stenographer to transcribe a vocational evaluation?  What preliminary steps would/do you take?  What follow-up expectations do you require?  What are the possible negative outcomes for a vocational expert for allowing this type of recording of the vocational interview? 

The venue is Philadelphia County Court of Common Pleas. 

This is how I handle it.  The referral source needs to approve.  If the interview is transcribed, I, and my referral source, need a copy of the transcription if it is to be introduced for any reason in the case -- written materials or court.   The stenographer cannot be present in the testing. This is how I have handled this issue as well as any client that wants to use a recorder during our interview.  FYI - the transcription has never been presented in court. Seems like a waste of money. I have never had any push back when I say no to the stenographer (or anyone else) being present for the testing.

I am looking for input from others on having a stenographer present at an online vocational evaluation. She was hired by opposing counsel. I contacted the defense attorney that contracted my services and the evaluation was cancelled for the time being.  I was given no prior notice, which would be a minimum expectation, I would think, with consent also being required. I don't agree to being ambushed.  

What are your thoughts on allowing a stenographer to transcribe a vocational evaluation?  What preliminary steps would/do you take?  What follow-up expectations do you require?  What are the possible negative outcomes for a vocational expert for allowing this type of recording of the vocational interview? 

The venue is Philadelphia County Court of Common Pleas. 

I am looking for input from others on having a stenographer present at an online vocational evaluation. She was hired by opposing counsel. I contacted the defense attorney that contracted my services and the evaluation was cancelled for the time being.  I was given no prior notice, which would be a minimum expectation, I would think, with consent also being required. I don't agree to being ambushed.  

What are your thoughts on allowing a stenographer to transcribe a vocational evaluation?  What preliminary steps would/do you take?  What follow-up expectations do you require?  What are the possible negative outcomes for a vocational expert for allowing this type of recording of the vocational interview? 

The venue is Philadelphia County Court of Common Pleas. 

Connie and colleagues,

This is an excellent question, and I agree with your underlying concern. Being surprised by a third-party stenographer at the start of a vocational evaluation is not an acceptable way to proceed, particularly in a forensic context, where the evaluation's conditions should be clearly defined in advance.

Practicing regularly in Pennsylvania (including matters venued in Philadelphia County), my approach has been:

If any party intends to have a court reporter/stenographer present for a vocational evaluation, it should be raised in advance and coordinated through counsel. At a minimum, this should occur with appropriate notice and clear agreement on the conditions.

If transcription is requested, the parties should clarify in advance what is and is not included, to avoid ambiguity about the process or the record being created.

If a court reporter is present, I should be provided with a copy of the transcript as soon as practicable after the evaluation. I also reserve the right to review it for accuracy and, if needed, submit corrections/clarifications in writing (errata-style).

While a vocational evaluation is not a deposition, a transcript can later be treated like sworn testimony in practice. Ensuring an accurate record protects all parties and reduces the risk of unnecessary disputes.

If a transcript is created, expectations should be set in advance regarding distribution, use, and whether any restrictions apply.

I am not opposed to transparency, but I do not agree to being "ambushed." If stenography is requested, it should be handled as a procedural issue between counsel, with conditions established in advance so the evaluation can proceed in an orderly, fair, and defensible manner.

Respectfully,
Maria A. Babinetz
President, American Board of Vocational Experts (ABVE)

I am looking for input from others on having a stenographer present at an online vocational evaluation. She was hired by opposing counsel. I contacted the defense attorney that contracted my services and the evaluation was cancelled for the time being.  I was given no prior notice, which would be a minimum expectation, I would think, with consent also being required. I don't agree to being ambushed.  

What are your thoughts on allowing a stenographer to transcribe a vocational evaluation?  What preliminary steps would/do you take?  What follow-up expectations do you require?  What are the possible negative outcomes for a vocational expert for allowing this type of recording of the vocational interview? 

The venue is Philadelphia County Court of Common Pleas.