I. Introduction

          The Board Governing the Recording of Judicial Proceedings (the “Board”) received a request for an advisory opinion relating to the provision of court reporting services by a court reporter to an attorney with which the court reporter has a landlord- tenant relationship. The Board is empowered to regulate and license “certified court reporters.” Rule 22-402(B) NMRA 2004. The Board is not empowered to regulate or license attorneys and this Advisory Opinion does not discuss, is not intended to discuss, and does not consider whether an attorney would violate of the Rules of Professional Conduct under the fact patterns discussed herein. See Rule 16-101, et seq. NMRA 2004.

II. Factual Background

          It is not uncommon for a certified court reporter or a certified court reporting firm to lease or sublease office space to or from an attorney or a law firm. Often, the attorney or law firm will wish to use the services of the certified court reporter or the certified court reporting firm to whom or from whom the attorney leases or subleases space as a matter of convenience. This practice raises two (2) questions for consideration:

1. Does a certified court reporter or a certified court reporting firm violate the Rules Governing the Recording of Judicial Proceedings by accepting a job to take a deposition from an attorney or law firm to whom the certified court reporter or certified court reporting firm leases office space?

2. Does a certified court reporter or a certified court reporting firm violate the Rules Governing the Recording of Judicial Proceedings by accepting a job to take a deposition from an attorney or law firm from whom the certified court reporter or certified court reporting firm leases office space?

          Under each factual scenario, the certified court reporter or certified court reporting firm provides the deposition at the same rate charged to other attorneys or law firms and provides the same services as provided to other attorneys or law firms. The sole distinguishing fact in the scenarios presented is that a lease or sublease exists between the certified court reporter or certified court reporting firm and the attorney or law firm.