CSR Professional Standards & Ethics 3 — Questions and Answers
Question 1: A court reporter learns that an attorney who regularly retains her services is under investigation for fraud. What is her ethical obligation regarding pending assignments?
- Complete all pending assignments but disclose the investigation in the transcript
- Evaluate whether a conflict of interest exists and withdraw if her impartiality is compromised (Correct answer)
- Immediately withdraw from all assignments involving that attorney
- Report the attorney to the bar association before taking any action
Correct answer: Evaluate whether a conflict of interest exists and withdraw if her impartiality is compromised
The reporter must assess whether the situation creates a conflict that compromises impartiality and withdraw from affected assignments only if it does.
Question 2: An attorney instructs a court reporter to omit a witness's answer from the transcript because the attorney believes it was made after the question was properly objected to. The reporter should:
- Omit the answer to respect the attorney's legal judgment
- Record all statements made on the record, including the disputed answer (Correct answer)
- Note the objection but omit the answer pending a judge's ruling
- Consult the opposing counsel and follow the majority view
Correct answer: Record all statements made on the record, including the disputed answer
The reporter's duty is to create a verbatim record of everything stated on the record; altering the transcript based on an attorney's instruction violates professional ethics.
Question 3: What must a court reporter disclose before accepting a deposition assignment under standard professional ethics rules?
- Their stenographic speed on the certification test
- Any financial relationship or personal connection to a party or attorney that could affect impartiality (Correct answer)
- Their agency affiliation and the hourly rate they will charge
- The names of other reporters who were offered the assignment first
Correct answer: Any financial relationship or personal connection to a party or attorney that could affect impartiality
Prior to accepting an assignment, a reporter must disclose any relationship with a party or attorney that could create a conflict of interest.
Question 4: A court reporter is asked to provide 'rough draft' realtime transcript to only one attorney during a deposition while denying access to opposing counsel. This practice is:
- Acceptable because the retaining attorney is the customer
- Prohibited because it gives one side an unfair advantage (Correct answer)
- Permitted if disclosed to the opposing attorney before the deposition begins
- Allowed only in depositions, not in court proceedings
Correct answer: Prohibited because it gives one side an unfair advantage
Providing realtime access exclusively to one party violates impartiality; realtime feeds must either be available to all parties or to none.
Question 5: A party contacts a court reporter after a deposition and requests that a portion of the transcript be 'tightened up' to remove verbal stumbles before delivery. The reporter should:
- Comply since verbal stumbles do not change the legal meaning
- Refuse because the verbatim record must not be altered at a party's request (Correct answer)
- Edit only stumbles that the witness confirmed were unintended on the record
- Consult the retaining attorney and follow their instruction
Correct answer: Refuse because the verbatim record must not be altered at a party's request
Court reporters must produce a verbatim transcript; editing testimony at a party's request — even to remove stumbles — violates the duty of accuracy.
Question 6: Which of the following constitutes an improper financial arrangement between a court reporting agency and a law firm under NCRA ethical guidelines?
- Volume discounts disclosed to all parties using the agency
- Providing free or reduced-price transcripts in exchange for referrals or repeat business (Correct answer)
- Charging a higher expedite fee for next-day delivery
- Invoicing separately for video and stenographic services
Correct answer: Providing free or reduced-price transcripts in exchange for referrals or repeat business
Offering free or discounted services in exchange for referrals constitutes an improper business inducement prohibited under NCRA guidelines and many state rules.
Question 7: How long are court reporters generally required to retain a copy of a transcript or notes under professional and legal standards?
- 30 days after delivery
- Until the case is dismissed or settled
- According to applicable state law, often ranging from one to ten or more years (Correct answer)
- Indefinitely for all reported proceedings
Correct answer: According to applicable state law, often ranging from one to ten or more years
Retention periods are set by state law and vary widely, but reporters must comply with the applicable statutory minimum for their jurisdiction.
CSR Professional Standards & Ethics 3
A court reporter learns that an attorney who regularly retains her services is under investigation for fraud.
What is her ethical obligation regarding pending assignments?