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CLVS: Ethics, Rules, and Professional Standards for Legal Video

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Ethics, Rules, and Professional Standards for Legal Video

Neutral officer of the record

The legal video specialist is a neutral officer of the record, not a member of anyone's trial team. That single idea generates most of the ethical rules. Be impartial in framing, audio, and treatment of all parties; do not favor the noticing attorney with flattering angles or the deponent with distractions. Do not coach, prompt, or advise a witness, and do not discuss testimony, case strategy, or the content of the record with anyone outside the proceeding.

Confidentiality is broad. Depositions may be subject to protective orders, and attorney-client or work-product protections can attach to the recording and to your notes. Do not post, screen, or share footage, do not use it in a demo reel without written permission, and store media securely.

Competence and honesty are ethical duties too. Accept only work you can perform to standard, disclose equipment limitations, and never misrepresent what was recorded. If a camera failed or a gap exists, say so immediately and document it rather than papering over it - concealment is far worse than the error. Disclose conflicts of interest before the job, and avoid ex parte communication with a represented party.

Traps: questions that frame small courtesies as harmless, such as reframing to favor one side, deleting a few seconds of dead time, or answering a question about what a witness said. Each compromises neutrality or alters the record.

Rule of thumb: record, don't interpret. If a request would change what the record shows or who may see it, decline and refer the request to the attorneys on the record.