Can an attorney pay a court reporter's costs if the client remains ultimately responsible for them?
Apply this to your situation
This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current Virginia Rules of Professional Conduct, with citations.
Plain-English summary
The committee opined that it is not improper for an attorney to pay the costs of a court reporter provided the client is ultimately responsible for the costs. It added that whether the attorney has a duty to pay these costs is a legal rather than ethical matter, beyond the province of the committee to answer, and cited LE Op. 820. The committee note records that current Rule 1.8(e)(2) allows a lawyer to pay litigation costs and expenses on behalf of an indigent client.
Currency note
The Virginia State Bar withdrew this opinion on November 18, 2021 (the body is headed "Committee Op Withdrawn November 18, 2021"). It was issued in 1987, under Virginia's former Code of Professional Responsibility, before the adoption of the Rules of Professional Conduct effective January 1, 2000. As the committee note records, current Rule 1.8(e)(2) allows a lawyer to pay litigation costs and expenses on behalf of an indigent client. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Could a lawyer pay a court reporter's costs for a client?
A: Under this now-withdrawn 1987 opinion, yes, so long as the client remained ultimately responsible for the costs.
Q: Did the committee decide whether the lawyer owed the court reporter?
A: No. The committee said whether the attorney has a duty to pay the costs is a legal rather than ethical question, beyond its province.
Q: Is this opinion still in force?
A: No. The Virginia State Bar withdrew it on November 18, 2021. The committee note points to current Rule 1.8(e)(2).
Background and rules framework
The opinion applied the committee's cost-advance line, relying on LE Op. 820, under which an attorney may advance litigation costs if the client remains ultimately responsible. The committee note maps the question onto current Virginia Rule 1.8(e)(2), the counterpart of ABA Model Rule 1.8(e).
Citations and references
Rules of Professional Conduct:
- Virginia Rule 1.8(e)(2) / ABA Model Rule 1.8(e) (paying litigation costs for an indigent client)
Other opinions cited:
- LE Op. 820: advancing costs where the client remains ultimately responsible
See also
- VA LEO 941: Paying for a Client's Physician Report
- VA LEO 997: Advancing Expert-Witness Costs for an Indigent Capital Client
- VA LEO 1060: Advancing the Cost of a Client's Medical Records
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0892.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Committee Opinion
April 1, 1987
Committee Op Withdrawn
November 18, 2021
LEGAL ETHICS OPINION 892
COSTS – COURT REPORTER.
It is not improper for an attorney to pay the costs of a court reporter provided the client
is ultimately responsible for costs. Whether or not the attorney has a duty to pay these
costs is a legal rather than ethical matter and is beyond the province of the committee to
answer. [LE Op. 820]
Committee Opinion
April 1, 1987
Legal Ethics Committee Notes. – Rule 1.8(e)(2) allows a lawyer to pay litigation costs
and expenses on behalf of an indigent client.
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