2) law firms Flashcards
managers: CA + MR
1) manager must make reasonable efforts to ensure firm has measures in effect so everyone complies w CRPC + state bar act
2) make reasonable efforts to ensure ppl you directly supervise are complying (even if not from same firm)
L is responsible for another L’s (or non-L’s) violation of CRPC if
1) L orders or ratifies w knowledge, the conduct OR
2) direct sup or manager + knows of conduct at time when consequences can be avoided / mitigaged + doesn’t
subordinates
1) still bound by CRPC (can’t just follow the unethical order), but
2) not a violation if act in accordance w sup’s reasonable resolution of arguable q of profesional duty
selling your law practice: CA vs MR
CA: ok sell “substantially all” of the practice but not entirety (as MR would req)
MR reqs that seller cease practicing that kind of law, in that geographic territory
selling your practice: both
- -can’t increase fees to clients bc of the sale
- -if there will be transfer of incomplete work, must notify clients (inc their right to get another L) but ok act on ehalf if no rp in 90 days
- -need written consent from all Cs (but if dn give in 90 days, presumed) (usu from seller)