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Melanie Humphrey-Sonntag: Ethics First is a program
developed by NCRA to recognize and promote court reporters
who have made a commitment to abide by and promote the rules of the
Code of Professional Ethics regarding gift-giving.
Laurel Eiler: The NCRA Code of Professional Ethics dictates that
court reporters should refrain from giving, directly or indirectly,
anything of value to attorneys, clients, witnesses, insurance companies
or any other persons or entities associated with the litigation except for items
that do not exceed $100 each year, however the rules governing court reporters’
conduct may not go far enough to protect attorneys, who have their own
ethical obligations to uphold.
Lisa Migliore Black: Many of these incentive programs target the staff
that book depositions--$100 gas cards, iPods, Wii Systems, points redeemable
for limousine rides, etc. To protect against these practices, many law firms
and governmental agencies have a strict policy that prohibits acceptance of gifts
from vendors.” Implementing such a policy for your law firm is the safest
course of action to avoid a number of unintended consequences.
James DeCrescenzo: “It is important to be aware that accepting these so-called
“Rebates” offered by court reporting firms may attract the attention of the
Internal Revenue Service. Free iPods, mall gift certificates, theatre tickets,
cash, rounds of golf…. There are anecdotal reports in court reporting
circles of payments in excess of $25,000 going to a secretary to switch court
reporting firms. An active litigator, or his staff, can accumulate rebates
valued in the thousands of dollars a year.
Early Langley: These practices are not without consequence for all involved
and can even jeopardize a victory of a client’s case,as was the case for one
Florida attorney who was faced with the choice of explaining the embarrassing
situation to his client, possible ethical violations, or paying $6,300 out of pocket
to resolve the matter off the record.
Sonntag: We must work together to uphold the integrity of our court records.
It’s always best to choose a reporter based on skill, ability, and credentials,
not based on the gift, kickback, or reward being offered.