Can a lawyer hire a court reporting service that is also one of the lawyer's clients, and must the lawyer disclose that?
Apply this to your situation
This page answers the general question as of 1986. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee was of the opinion that there is nothing in the Rules of Professional Conduct that prohibits a lawyer from using a court reporting service that is also a client of the lawyer. The committee was further of the opinion that there would be no obligation to disclose the attorney-client relationship to opposing parties in litigation.
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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: Can a lawyer use a court reporting service that is also the lawyer's client?
A: Under this opinion, yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits it.
Q: Does the lawyer have to disclose that the court reporter is a client to the opposing party?
A: No. The committee was of the opinion that there would be no obligation to disclose the attorney-client relationship to opposing parties in litigation.
Background and rules framework
The opinion addresses a conflict-of-interest question: whether a lawyer may use a court reporting service that is also the lawyer's client, and whether that relationship must be disclosed. The committee did not cite a specific Rule of Professional Conduct and concluded both that nothing in the Rules prohibited the arrangement and that no disclosure to opposing parties was required.
Citations and references
Rules of Professional Conduct:
- None cited in the opinion.
See also
- WSBA Ethics Op. 1017: a lawyer who is also a real estate broker, fee agreement and disclosure
- WSBA Ethics Op. 957: a conflict adverse to an entity the lawyer formed
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=145
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1034
Year Issued: 1986
RPC(s):
Subject: Conflict of interest; use of court reporter who is client of lawyer
The Committee was of the opinion that there is nothing in the Rules of Professional Conduct which prohibit a lawyer from using a court reporting service which is also a client of the lawyer. The Committee was further of the opinion that there would be no obligation to disclose the attorney-client relationship to opposing parties in litigation.
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