Does a lawyer have to tell the client about credits toward a free trip from the court reporter service the firm uses?
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 considered a lawyer taking part in a promotional scheme offered by a court reporter service, under which credits are given to the law firm that engages the service toward a free trip. The committee was of the opinion that such an arrangement would have to be disclosed to the client in conformance with RPC 1.7(b).
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 1.7 on conflicts of interest was later renumbered and amended, including how the rule handles a lawyer's own interests. Treat this page as historical context, not current guidance.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 firm collect a court reporter service's free-trip credits without telling the client?
A: Under this opinion, no. The committee was of the opinion that the arrangement would have to be disclosed to the client in conformance with RPC 1.7(b).
Q: What kind of arrangement triggered the disclosure requirement?
A: A promotional scheme in which the court reporter service gave the firm credits toward a free trip for engaging the service.
Background and rules framework
The opinion applies Washington RPC 1.7(b) on conflicts of interest, corresponding to Model Rule 1.7, to a court reporter service's free-trip promotion benefiting the firm. The committee treated the firm's personal interest in the credits as something that had to be disclosed to the client under RPC 1.7(b).
Citations and references
Rules of Professional Conduct:
- Washington RPC 1.7(b) (conflict of interest; the lawyer's own interests), corresponding to Model Rule 1.7.
See also
- WSBA Ethics Op. 1034: using a court reporter who is also a client
- WSBA Ethics Op. 1017: a lawyer who is also a real estate broker, fee agreement and disclosure
- WSBA Ethics Op. 993: vendor bonus coupons are not "compensation"
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=151
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1040
Year Issued: 1986
RPC(s): RPC 1.7(b)
Subject: Conflict of interest; free trip from court reporter service
The Committee considered your inquiry regarding the propriety of a lawyer taking part in a promotional scheme offered by a court reporter service whereby credits are given to the law firm engaging the court reporter service toward a free trip. The Committee was of the opinion that such an arrangement would have to be disclosed to the client in conformance with RPC 1.7(b).
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