COPE - Advisory Opinions

Advisory Opinion Procedures

Any member in good standing may submit a request for an Advisory Opinion to the Committee on Professional Ethics.

Advisory Opinions shall consist of (1) Private Advisory Opinions and (2) Public Advisory Opinions.

Private Advisory Opinions

1. A Private Advisory Opinion may be requested in lieu of proceeding with a complaint, as provided in Section A(3) of the Complaint Procedures, or by persons who seek guidance as to whether certain actions or conduct are permitted under the Code of Professional Ethics.
2. The Committee shall keep confidential the identity of the person or persons making the request and the identity of those names in the request, unless otherwise directed by the Board of Directors.
3. The Committee's response to requests for Private Advisory Opinions shall be within the limitations of the information received by the Committee.  Additional information may be requested by the Committee, if needed.

Public Advisory Opinions

1. The Committee may from time to time recommend publication of Public Advisory Opinions that illuminate one or more of the provisions of the Code of Professional Ethics.  These opinions may be based on facts derived from requested Private Advisory Opinions, deleting reference to names or places, or on an assumed state of facts.

Review

The Board of Directors may review any Private or Public Advisory Opinion on its own motion and adopt, modify, or reject it in whole or in part.

Advisory Opinion Index

1. Filing extension on appeal to accept freelance assignments
2. Reporter's relationship to litigants 
3. Reporting for a spouse's law firm
4. Altering the official record
5. Failing to pay a substitute reporter
6. Going On and Off the Record
7. Rescinded 2005
8. Selling transcript copies from a private meeting
9. Selling the transcript to third parties/When is a deposition a public record
10. Agency transcribing depositions taken by reporters no longer with the firm
11. Rescinded in 2013
12. Rescinded in 2013
13. Rescinded 2005; See Advisory Opinion 45
14. Rescinded in 2013
15. Determining the order of transcript delivery and/or Submitting transcripts to third parties to distribute
16. Combined with No. 15
17. Using contingent fee arrangements
18. Rescinded in 2000
19. Certification of Hard Copy and Electronic Transcripts and Electronic Transmission of Transcripts
20. Timely Delivery of Transcript
21. Rescinded in 2013
22. Providing excerpted portions of the testimony
23. Preparing "off the record" comments
24. Providing attorney names/addresses of certain deposition transcripts to third parties
25. Releasing steno notes to third parties
26. Selling transcript copies of an open or public meeting
27. Rescinded 2009 See Advisory Opinion 45
28. Transcribing against the wishes of counsel
29. Responsibility of Agency Owners for the Competence and Ethical Conduct of Member and non-Member Reporters Whom They Hire
30. Rescinded 2014
31. Reporter's Description on the record of Nonverbal Communications, Events, or Gestures
32. Preparation of deposition summaries
33. Combined with No. 10
34. Certifying a transcript from a source other than directly from the reporter
35. Providing the official transcript of a proceeding to the hiring party
36. Reporting a deposition where the witness is appearing by telephone
37. Combined with No. 19
38. Attorney Requests a Copy of a Reporter's Backup Audio Media
39. Holding a Transcript Hostage
40. Rescinded 2014; See Advisory Opinion No. 19
41. Rescinded 2006
42. Combined with No. 6
43. Providing Trial Presentation Services
44. Should a Court Reporter Act as Both The Verbatim Reporter and the Videographer for the Same Proceeding
45. Guidance on Gift Giving Rules
46. Further Guidance on Gift Giving
47. Inclusion into the Transcript of Comments Picked up by Videotape but not Heard by Reporter
48. Duty to notify all parties when Transcript Order has been placed