(2) Professional Responsibility: Vicarious Responsibility

Question 1

Managers

Answer 1

Must take reasonable efforts to ensure firm has reasonable measure to have all lawyers comply with the professional rules of conduct.

Question 2

Supervisors

Answer 2

Must take reasonable efforts to ensure all lawyers they have direct supervisor authority over comply with the professional rules of conduct.

Question 3

A manager/supervisor is responsible for the actions of another when?

Answer 3

A lawyer is responsible for the violation of another if: (1) the lawyer orders the conduct; OR (2)with knowledge of the specific conduct, ratifies the conduct involved; OR (3) Is a manager or direct supervisor and learns of the conduct at a time when the consequences could have been avoided with reasonable remedial actions but failed to do so.

Question 4

Subordinates

Answer 4

A lawyer is bound by the rules of professional conduct even when acting at the direction of another, unless they acted in accordance with a supervisors reasonable resolution to an arguable question of professional duty.