Professional Ethics, Confidentiality, and Impartiality
Professional Ethics, Confidentiality, and Impartiality
This domain tests the reporter's duties as a neutral officer of the record: impartiality, confidentiality, integrity of the transcript, and avoidance of conflicts. The reporter serves the court and the parties, not the attorney who hired the reporter.
Core rules
- Remain neutral. Do not give legal advice, coach a witness, or alter a question or answer to favor a side.
- Do not accept ex parte instructions from one party about what the record should say. Off-the-record discussions require agreement of all parties and, in court, the judge's permission.
- Keep confidential information confidential: sealed exhibits, protective orders, juvenile matters, medical records, and personal identifiers. Share transcripts only with authorized persons.
- Charge fees that are reasonable and not contingent on the outcome or on favorable testimony.
- Disclose conflicts and prior relationships that could reasonably affect impartiality.
- Preserve the original record and notes under applicable retention rules; do not destroy material subject to a litigation hold.
- Advertising must be accurate; do not claim certification or official affiliation you do not have.
Worked example
After a deposition, defense counsel asks the reporter to fix an answer so it reads more clearly and to omit a side comment. The reporter declines, explains that the transcript must be verbatim, and notes the request in the file. If the comment was off the record, the reporter checks whether all parties agreed; if not, it stays. Reasoning: the reporter cannot make substantive edits at one party's request, and documenting the request protects the record and the reporter.
Traps
- Treating the hiring attorney as the client who controls the record.
- Discussing testimony with a party.
- Destroying notes after delivering a transcript when a hold applies.
- Using off the record without agreement.