Can a law firm share its offices, letterhead, staff, and billing with a court reporter, or make the court reporter a partner?

Plain-English summary

An attorney and his partner owned an office building and had hired a court reporter who also practiced in the county. Using the firm's offices and equipment, the reporter transcribed her material on partnership letterhead and sent out billing statements and correspondence on a partnership billing head; she had no other office, and the lawyers and the reporter shared the same secretary and the same telephone system. The Committee treated the situation as raising the question of a partnership associating with a court reporter.

The Committee decided that the situation was improper and that the court reporter's business operation and the operation of the law firm must be completely separate, in view of the prohibition in the Code of Professional Responsibility concerning laypersons and lawyers associating in the practice of law. The Committee added that if the law firm wanted to employ a court reporter, it would not be improper for the court reporter to free lance in addition to working for the law firm, but she could not have a partnership interest in the law firm.

Currency note

This opinion was issued in 1978, before West Virginia replaced its Code of Professional Responsibility with the Rules of Professional Conduct, effective January 1, 1989, and before later rule revisions, including the comprehensive 2015 amendments. 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 Treat this page as historical context, not current guidance.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 or requirement mentioned here.

Common questions

Q: Could a court reporter share a law firm's offices, letterhead, staff, and billing?

A: The opinion concluded the arrangement was improper and that the court reporter's business and the law firm's operation must be completely separate, given the Code's prohibition on laypersons and lawyers associating in the practice of law.

Q: Could the firm still use the court reporter's services?

A: Yes. The opinion concluded the firm could employ the court reporter, and it would not be improper for her to free lance in addition to working for the firm.

Q: Could the court reporter be a partner in the law firm?

A: No. The opinion concluded the court reporter could not have a partnership interest in the law firm.

Background and rules framework

The Committee rested its conclusion on the prohibition in the West Virginia Code of Professional Responsibility against laypersons and lawyers associating in the practice of law. It did not cite a specific Disciplinary Rule number. On the facts (shared letterhead, billing, offices, secretary, and telephone), the Committee concluded the arrangement was improper under that prohibition and required the court reporter's business and the firm's operation to be kept completely separate, while allowing the firm to employ the reporter so long as she held no partnership interest.

See also

• WVSB Ethics Op. 84-3: Corporate legal research service
• WVSB Ethics Op. 78-11: Interstate partnership and firm name
• ABA Formal Op. 91-360: Nonlawyer partnerships and extrajurisdictional effect

Source

• Landing page: https://wvodc.org/Legal-Ethics-Opinion
• Original PDF: https://storage.googleapis.com/msgsndr/Rgd68xOkcVdteTsBkf6O/media/66a7ea7e0fbd7bb2d3acc1f7.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

UNPUBLISHED LEGAL ETHICS INQUIRY 78-5

___ asked for an opinion on the following: An attorney and his partner have an office building in the city in which they live. They have hired a court reporter who also practices in the county. Apparently using their offices and equipment, this court reporter transcribes her material on partnership letterhead as well as sending out billing statements and all correspondence on a partnership billing head. The court reporter has no other office except in the office in the building owned and occupied by the partnership. In addition, it seems that the lawyer and his partner and the court reporter use the same secretary and the same telephone system.

This apparently involves the question of a partnership associating with a court reporter.

The Committee decided that the situation described in ___ letter was improper and that the court reporter's business operation and the operation of the law firm must be completely separate in view of the prohibition in the Code of Professional Responsibility concerning laypersons and lawyers associating in the practice of law. The Committee further stated that if the law firm wanted to employ a court reporter, it would not be improper for the court reporter to free lance in addition to working for the law firm, but she could not have a partnership interest in the law firm.