Ethics, Professional Responsibility & Confidentiality Flashcards

A court reporter overhears confidential settlement negotiations between attorneys during a recess while still in the deposition suite. The reporter should:

Answer: Leave the room or make clear presence is noted so parties can speak privately

Court reporters should remove themselves from or signal their presence during off-record attorney discussions to protect privileged communications.

An attorney asks a court reporter to alter the transcript to remove a damaging admission made by the attorney's own client. The reporter must:

Answer: Refuse; altering a certified transcript is a serious ethics violation

Altering a certified transcript at any party's request, regardless of consent, is fraud and a serious violation of court reporter ethics.

Regarding social media, a court reporter should:

Answer: Avoid posting any information that could identify parties, cases, or confidential testimony

Court reporters must avoid any social media activity that could reveal case information, even anonymized details that may allow identification.

Which action by a court reporter would constitute a conflict of interest?

Answer: Reporting a deposition for a company whose stock the reporter's spouse owns

A financial interest through a family member's stock holdings in a party to the litigation creates a conflict of interest requiring disclosure or recusal.

A freelance court reporter is pressured by a regular client law firm to always make themselves available exclusively for that firm. This arrangement would be problematic because:

Answer: Exclusivity arrangements can compromise impartiality and violate ethics rules

Exclusive arrangements with one law firm can create a financial dependency that compromises a reporter's impartiality and independence.

When a witness requests to review their deposition transcript before signing, the reporter's role is to:

Answer: Produce the transcript and allow the signing process to follow applicable procedural rules

The reporter's role is to produce the accurate transcript; the review and signing process is governed by procedural rules, not the reporter's editorial judgment.

A court reporter is subpoenaed to testify about what was said off the record at a deposition. The reporter should:

Answer: Consult an attorney and respond to the subpoena in accordance with legal counsel

Court reporters generally lack a statutory privilege; they should seek legal counsel and comply with the subpoena according to their attorney's advice.