CSR Ethics, Professional Responsibility & Confidentiality 2 — Questions and Answers
Question 1: A court reporter discovers mid-deposition that opposing counsel is also a personal friend. What is the most ethically appropriate action?
- Continue without disclosure since friendship doesn't affect accuracy
- Disclose the relationship to both parties and allow them to decide how to proceed (Correct answer)
- Withdraw immediately without explanation
- Notify only the retaining attorney privately
Correct answer: Disclose the relationship to both parties and allow them to decide how to proceed
Court reporters must disclose any relationship that could create the appearance of partiality and allow both parties to make an informed decision.
Question 2: Under NCRA ethics guidelines, a certified court reporter may NOT:
- Transcribe proceedings in which they have a financial interest in the outcome (Correct answer)
- Certify transcripts for cases in which they served as reporter
- Accept payment from the party requesting the transcript
- Use CAT software to assist in producing the transcript
Correct answer: Transcribe proceedings in which they have a financial interest in the outcome
A court reporter with a financial interest in the outcome of a case is prohibited from serving in that proceeding to preserve impartiality.
Question 3: A scopist contacts a court reporter asking to see the original steno notes for a transcript they are editing. The reporter should:
- Provide the notes freely since the scopist is part of the production process
- Refuse unless a formal written agreement protecting confidentiality is in place (Correct answer)
- Share only a portion of the notes
- Forward the request to the retaining attorney for approval
Correct answer: Refuse unless a formal written agreement protecting confidentiality is in place
Scopists and other third parties assisting with transcription must be bound by confidentiality agreements before accessing case materials.
Question 4: Which of the following best describes the court reporter's duty regarding the verbatim record?
- To record only legally relevant testimony as determined by the judge
- To produce a complete and accurate verbatim record of all spoken words in the proceeding (Correct answer)
- To omit profanity and clearly non-responsive answers
- To summarize lengthy answers for readability
Correct answer: To produce a complete and accurate verbatim record of all spoken words in the proceeding
Court reporters have a fundamental duty to create a complete and accurate verbatim record without editorial modification.
Question 5: A reporter is asked to provide a 'rough draft' transcript to only one party the evening after a deposition. Ethically, the reporter should:
- Provide it only if the requesting party pays an expedite fee
- Provide it to all parties simultaneously or decline to provide it to any party early (Correct answer)
- Provide it only with judge approval
- Refuse entirely since rough drafts are never permissible
Correct answer: Provide it to all parties simultaneously or decline to provide it to any party early
Providing a rough draft to one party before others would give an unfair advantage; access must be equal or withheld from all.
Question 6: When a court reporter certifies a transcript, the certification means:
- The transcript has been reviewed and approved by the judge
- The reporter attests that the transcript is a true and accurate record of the proceedings (Correct answer)
- All parties have agreed the transcript is correct
- The transcript has been proofread by a second reporter
Correct answer: The reporter attests that the transcript is a true and accurate record of the proceedings
The reporter's certification is a sworn attestation of accuracy and completeness, not a document approved by the judge or parties.
Question 7: A court reporter who fails to retain stenographic notes for the required period after a proceeding may face:
- A civil contempt charge only
- Disciplinary action including suspension or revocation of certification (Correct answer)
- A fine payable to the retaining attorney
- No consequence if the transcript was already delivered
Correct answer: Disciplinary action including suspension or revocation of certification
Failure to retain notes for the legally required period is a professional ethics violation that can result in disciplinary action against the reporter's certification.
CSR Ethics, Professional Responsibility & Confidentiality 2
A court reporter discovers mid-deposition that opposing counsel is also a personal friend.
What is the most ethically appropriate action?