Code of Professional Ethics

Preamble

The mandatory Code of Professional Ethics defines the ethical relationship the public, the bench, and the bar have a right to expect from a Member.  The Code sets out the conduct of the Member when dealing with the user of reporting services and acquaints the user, as well as the Member, with guidelines established for professional behavior.  The Guidelines for Professional Practice, on the other hand, are goals which every Member should strive to attain and maintain.  Members are urged to comply with the Guidelines and must adhere to local, state and federal rules and statutes. It should be noted that these guidelines do not exhaust the moral and ethical considerations with which the Member should conform, but provide the framework for the practice of reporting.  Not every situation a Member may encounter can be foreseen, but a Member should always adhere to fundamental ethical principles.  By complying with the Code of Professional Ethics and Guidelines for Professional Practice, Members maintain their profession at the highest level. 

Code of Professional Ethics

A Member Shall:

  1. Be fair and impartial toward each participant in all aspects of reported proceedings, and always offer to provide comparable services to all parties in a proceeding.

  2. Be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest. If a conflict or a potential conflict arises, the Member shall disclose that conflict or potential conflict.

  3. Guard against not only the fact but the appearance of impropriety.

  4. Preserve the confidentiality and ensure the security of information, oral or written, entrusted to the Member by any of the parties in a proceeding.

  5. Be truthful and accurate when making public statements or when advertising the Member's qualifications or the services provided.

  6. Refrain, as an official reporter, from freelance reporting activities that interfere with official duties and obligations.

  7. Determine fees independently, except when established by statute or court order, entering into no unlawful agreements with other reporters on the fees to any user.

  8. Refrain from giving, directly or indirectly, any gift, incentive, reward or anything of value to attorneys, clients, witnesses, insurance companies or any other persons or entities associated with the litigation, or to the representatives or agents of any of the foregoing, except for (1) items that do not exceed $100 in the aggregate per recipient each year, or, (2) pro bono services as defined by the NCRA Guidelines for Professional Practice or by applicable state and local laws, rules and regulations.

  9. Maintain the integrity of the reporting profession.

  10. Abide by the NCRA Constitution & Bylaws.

DEFINITION OF UNPROFESSIONAL CONDUCT
SOURCE: Chapter 52.029(a)(9) of the Government code V.T.C.A.

Rule IV, Revocation of Certification is amended by adding paragraph B as follows with the remaining rules renumbered accordingly:

B: For the purpose of Section 52.029(a)(9) of the Government Code, unprofessional conduct shall include, but not be limited to:

1. failing to deliver a transcript or statement of facts to a client or court in a timely manner as determined by statute, court order or agreement;

2. producing an inaccurate transcript or statement of facts;

3. producing an incomplete transcript or statement of facts except upon order of a court, agreement of the parties, or request of a party;

4. failing to disclose as soon as practical, to the parties or their attorneys, existing or past financial, business, professional, family, or social relationships, including contracts for court reporting services, which might reasonably create an appearance of partiality;

5. advertising or representing falsely the qualifications of a certified shorthand reporter or that an unlicensed individual is a certified shorthand reporter.

6. failing to charge all parties or their attorneys to an action the same price for an original transcript or statement of facts and failing to charge all parties or their attorneys the same price for a copy of a transcript or statement of facts or for like services performed in an action;

7. failing to disclose in writing to all parties or their attorneys upon request at any time an itemization of all rates and charges to all parties or their attorneys;

8. reporting of any proceeding by any person who is a relative of a party or their attorney within the second degree by affinity or consanguinity;

9. reporting of any proceeding by any person who is financially interested in the action or who is associated with a firm which is financially interested in the action;

10. failing to notify all parties, or their attorneys, of a request for a transcript or statement of facts, or any part thereof, in sufficient time for copies to be prepared and delivered simultaneously with the original;

11. going "off the record" during a deposition when not agreed to by all parties or their attorneys unless otherwise ordered by the court;

12. giving, directly or indirectly, benefiting from or being employed as a result of any gift, incentive, reward or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate for each recipient each year; and

13. charging for a copy at a rate more than one-third (1/3) the per page cost of the original and first copy.

14. failing to comply with the requirements of the Uniform Format Manual for Texas Court Reporters