COPE PUBLIC ADVISORY OPINION 38: An attorney requests a copy of a reporter’s backup audio media

By Linda Larson

The Committee on Professional Ethics reviewed the following scenario: While taking down the official record, a reporter makes an audio backup recording of a proceeding for use by the reporter only while preparing the transcript. During a break in the proceeding, an attorney requests a copy of the reporter’s backup audio media. What are the obligations of the court reporter under the Code of Professional Ethics?

The committee has determined that absent a court order to do so, the NCRA Code of Professional Ethics does not require that a reporter provide a copy of any backup audio media that the reporter uses to make the official transcript of a proceeding. If a court reporter chooses to give the audio to the requesting attorney, the court reporter should be aware of Provision Number 1 and Provision Number 4.

Provision Number 1 of the Code of Professional Ethics states that a member shall be fair and impartial toward each participant in all aspects of reporting the proceedings and always offer to provide comparable services to all parties in a proceeding.

Provision Number 4 of the Code of Professional Ethics requires that the reporter preserves the confidentiality and ensures the security of the information, oral or written, entrusted to the member by any of the parties in a proceeding.

In conclusion, if the court reporter decides to provide audio to the requesting attorney, then the offer should be made to all other parties in the proceeding. The audio should be carefully screened to be sure there are no confidential discussions inadvertently picked up on the audio that would violate Provision Number 4.
Linda Larson, RPR, CRI, is a member of the NCRA COPE Committee and a freelance court reporter and owner of Premier Reporting, LLC, with offices in Carlisle and Harrisburg, Pa. Linda can be reached at linda@premierreportingllc.com.