There has been much discussion in the press lately about the allegations made against Bill Cosby by several women who are accusing him of assault and rape. Then comes the news that Mr. Cosby’s deposition transcript has been released in violation of the settlement agreement made years ago between the parties.
While this office does not know first-hand the particulars of the agreement, whether the deposition was sealed or not, whether some pages were already publicly available, or whether the court reporting agency actually sold the transcript to The New York Times, this case does raise concerning issues regarding transcripts in the possession of court reporters and court reporting firms.
Doris O. Wong Associates, Inc., does not consider transcripts public record and does not release any transcript without the consent of all counsel who were present at the deposition or a court order. Every once in a while, we receive calls from people looking for transcripts -- of expert witnesses, for example – that they can use in separate, unrelated actions. Although we would welcome the income, we refuse to automatically honor these requests, believing it would be unethical and in violation of the trust placed in us as keepers of the record.
As part of our efforts to safeguard information contained in all transcripts in our possession, we adhere to WISP regulations. We send electronic transcript files and accompanying exhibits to counsel via a secure, encrypted, and password-protected platform that offers a layer of protection that e-mail attachments alone cannot.
www.doriswong.com
Mr.
Cosby’s attorneys say they will vigorously investigate how his transcript
became public. In this firm’s opinion, every deposition transcript,
whether of a celebrity or not, deserves and receives protection from those who
have no legal right to it.
