NUMBER 321 1933

Question. An attorney for an out-of-town client brought an action, and it became necessary to have an examination of a witness before trial. The attorney secured the services of a law reporter to report the testimony of the witness. The examination was had and the reporter delivered the minutes to the attorney. The name of the client appeared as plaintiff in the case but his address did not appear. The case was settled and the attorney received payment for his client. The attorney advised the client of the charge of the reporter. The client requested the attorney to disregard the reporter and not pay for the minutes and not to let the reporter know the client’s address.

Is it professionally proper for the attorney to refuse to give the reporter the client’s address?

Is it professionally proper for the attorney to send the moneys collected to the client and not pay the reporter?

The amount of the reporter’s charges is not questioned.

Answer. This Committee does not pass upon the questions of law involved in this question.


The Committee is of the opinion, however, that it is not professionally proper for the attorney to aid in the consummation of a fraud on the reporter, by sending the client the moneys collected before the legal rights of the respective parties have been determined.