Reporting for a spouse's law firm

(Originally written 1987; Revised 2013)

Statement of facts

A reporter's spouse is a member of a law firm that schedules a reporter for a deposition or other proceeding. Because the spouse will conduct the proceeding, the reporter refrains from taking the proceeding but requests another reporter to cover it, from whom a percentage commission is to be received. When other members of the spouse's law firm schedule proceedings, the reporter reports them.

Is it a violation of the Code of Professional Ethics (1) for the reporter to schedule proceedings for the law firm of the reporter’s spouse, (2) for the reporter to send another reporter and retain a commission therefor, or (3) for the reporter to report proceedings for other members of the law firm?

Discussion

With respect to the facts cited above, the reporter may schedule proceedings for the spouse’s law firm. Second, the reporter was acting prudently by requesting another reporter to cover the proceeding, and the retention of a commission is permissible. The reporter should not personally cover the proceeding, but should request another reporter do so. The reporter may report proceedings for other members of the law firm only if the following three conditions are satisfied:

  1. Full disclosure of the relationship is made as soon as known.
  2. An agreement is reached by all counsel that there is no objection to the reporter's taking the deposition (which should be stated on the record prior to commencement of the deposition).
  3. The reporter's certificate conforms with the above facts.

If the reporter does not follow these steps, it would constitute a violation of Provisions 1 and 3 of the Code of Professional Ethics. These provisions require that the reporter be impartial in all aspects of reported proceedings and guard against not only the fact but also the appearance of impropriety.

Conclusion

It is the Committee's opinion that scheduling proceedings for the law firm of a reporter’s spouse and requesting another reporter to take the proceedings being conducted by the first reporter's spouse, and the acceptance of any part of the fee therefor by that reporter, does not violate any provision of the Code of Professional Ethics.

It is also the opinion of the Committee that for the reporter to report proceedings involving other members of the spouse's law firm would be a violation of Provisions 1 and 3 of the Code of Professional Ethics unless:

  1. Full disclosure of the relationship is made to all parties as soon as known.
  2. An agreement is reached by all counsel that there is no objection to the reporter's reporting the deposition, and that such stipulation is stated on the record prior to commencement of the deposition,
  3. The reporter's certificate conforms with the above facts.

The applicable provisions of the Code of Professional Ethics state that the member shall:

No. 1. Be fair and impartial toward each participant in all aspects of reported proceedings, and always offer to provide comparable services to all parties in a proceeding.

No. 3. Guard against not only the fact but the appearance of impropriety.

 

THIS PUBLIC ADVISORY OPINION REFLECTS THE STATUS OF THE LAW IN MOST JURISDICTIONS. MEMBERS ARE REQUIRED TO CONFORM TO THE ACCEPTED PRACTICES SET FORTH IN THIS PUBLIC ADVISORY OPINION TO THE EXTENT THAT SUCH PRACTICES ARE CONSISTENT WITH THEIR OWN APPLICABLE STATE AND LOCAL LAWS, RULES AND REGULATIONS.