Professional Ethics and Business Practices
Domain 4 tests the non-stenographic duties that protect the profession: impartiality, confidentiality, conflicts of interest, transcript integrity, and sound business practices. Hawaii expects a reporter to serve the record, not the retaining attorney, and to avoid arrangements that compromise independence.
Ethical core
- Impartiality: no coaching, no favoring the side that hired you.
- Confidentiality: proceedings may be sealed or under protective order; do not discuss testimony.
- Conflicts: disclose prior relationships with parties, counsel, or witnesses; decline if bias is likely.
- Ex parte contact: do not discuss the merits with one side outside the record.
- Transcript integrity: never alter, delete, or 'clean up' the record; corrections follow the rules.
- Legal advice: reporters do not advise on strategy, deadlines, or appeal rights.
Business practices
- Use written contracts and fee schedules; estimate costs, page rates, expedites, and realtime.
- Bill accurately; distinguish official transcript fees from copies and ancillary services.
- Retain records per rule and contract; protect confidential material.
- Insurance and entity choice are business decisions; they do not change ethical duties.
- Advertising must be truthful; do not claim official certification you do not hold.
Worked example
An attorney calls after a deposition and asks the reporter to 'take out' an objection because it makes the client look bad. The reporter should refuse. The objection is part of the record; the proper route is a stipulation or court order, with the correction appended and explained. Deleting it would breach transcript integrity and could expose the reporter to discipline. The reasoning: the reporter certifies the record, not the client's image.
Traps
- Accepting a 'private' correction without a stipulation or order.
- Discussing testimony with one party.
- Giving a legal deadline as if it were advice.
- Billing for pages not produced or not disclosing expedite charges.
- Advertising 'certified' without a current credential.