CSR Ethics, Professional Responsibility & Confidentiality 3 — Questions and Answers
Question 1: A court reporter overhears confidential settlement negotiations between attorneys during a recess while still in the deposition suite. The reporter should:
- Transcribe the conversation since it occurred during the proceeding
- Leave the room or make clear presence is noted so parties can speak privately (Correct answer)
- Remain but agree not to transcribe unless asked
- Report the conversation to the judge
Correct 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.
Question 2: 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:
- Comply if both parties' attorneys agree
- Refuse; altering a certified transcript is a serious ethics violation (Correct answer)
- Comply if the client signs a written waiver
- Consult the judge before deciding
Correct 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.
Question 3: Regarding social media, a court reporter should:
- Post general commentary about interesting cases as long as no names are used
- Avoid posting any information that could identify parties, cases, or confidential testimony (Correct answer)
- Share anonymized excerpts to demonstrate professional skills
- Only restrict social media posts during active litigation
Correct 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.
Question 4: Which action by a court reporter would constitute a conflict of interest?
- Reporting a deposition for a company whose stock the reporter's spouse owns (Correct answer)
- Accepting a check payment for services rendered
- Using a professional agency to schedule assignments
- Declining an assignment due to a scheduling conflict
Correct 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.
Question 5: 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:
- It reduces the reporter's income potential
- Exclusivity arrangements can compromise impartiality and violate ethics rules (Correct answer)
- It requires extra malpractice insurance
- It limits professional development opportunities
Correct 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.
Question 6: When a witness requests to review their deposition transcript before signing, the reporter's role is to:
- Advise the witness on which answers to correct for accuracy
- Produce the transcript and allow the signing process to follow applicable procedural rules (Correct answer)
- Prevent the witness from making changes once testimony is given
- Require the witness to sign immediately after the deposition
Correct 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.
Question 7: A court reporter is subpoenaed to testify about what was said off the record at a deposition. The reporter should:
- Refuse to testify citing reporter privilege
- Consult an attorney and respond to the subpoena in accordance with legal counsel (Correct answer)
- Testify freely since the conversation was off the record
- Contact the retaining attorney for permission to testify
Correct 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.
CSR Ethics, Professional Responsibility & Confidentiality 3
A court reporter overhears confidential settlement negotiations between attorneys during a recess while still in the deposition suite.
The reporter should: