(9) Professional Responsibility: Non-Attorneys Flashcards
Entering into Business Deals Rule
Non-Lawyer Business Dealings
A lawyer may enter into business deals with a non-lawyer. However, a non-lawyer cannot be a partner, owner, director, or officer in a business that involves the practice of law. If a lawyer does so, it’s an ethical violation.
Client/Recommender/Payer Rule
Non-Lawyer Business Dealings
A lawyer cannot permit a person who pays, employs, or recommends the lawyer to: (a) direct/regulate the lawyer’s professional judgement with respect to the practice of law; OR (b) interfere with the lawyer-client relationship.
Responsibilities Regarding Non-Lawyer Assistants
A non-lawyer may work under the direct supervision of a practicing lawyer who is licensed in that jurisdiction. Supervising lawyers and partners must make reasonable efforts that a non-lawyers conduct is compatible with the lawyers obligations.
Employment of Disbarred, Suspended, Resigned or Involuntary Active Lawyer (CA Only)
In CA, a lawyer cannot employ or associate with a disbarred, suspended, resigned (in face of pending discipline) or involuntary active lawyer for any activity that continues the practice of law, including: rendering legal advice, court appearances, representing a client at a deposition or discovery matter, negotiate/transact client matters with third parties, and handling client funds.
Employment of Disbarred, Suspended, Resigned or Involuntary Active Lawyer (CA Only) - EXCEPTIONS
A lawyer may hire such a person for other specific activities with (1) notification to the State bar, AND (2) with written notice to each client that the person will perform work for. The allowed activities are (i) preparatory legal work (legal research, drafting, data/info assembly), and (iii) clerical assistance to an active lawyer at a deposition/discovery matter.
*Such notice is not required for non-legal support activities such as physical maintenance, delivery services, catering, reception and typing/transcription.
