Discipline for the Misconduct of Others

Question 1

When is a Georgia lawyer subject to discipline for another lawyer’s conduct?

Answer 1

If the Georgia lawyer:
1. Orders the misconduct

2. Ratifies the misconduct with knowledge of the specific misconduct
3. Fails to take reasonable remedial action when they know of the misconduct and have direct supervisory authority over the other lawyer when the consequences could be mitigated or avoided.

Question 2

When is a Georgia lawyer subject to discipline for a non-lawyer’s conduct?

Answer 2

If the Georgia lawyer has direct supervisory authority over the non-lawyer and fails to make reasonable efforts to ensure the non-lawyer’s conduct is compatible with professional obligations.

Question 3

What professional duties do subordinate lawyers owe?

*What is the “reasonable resolution” caveat?

Answer 3

Subordinate lawyers must conform to the Professional Rules even if a supervisor tells them otherwise.

*Subordinate lawyers will not face discipline if their acts are in accordance with the supervisor’s reasonable resolution of the issue, even if that resolution is wrong.

Question 4

Is a Georgia lawyer obligated to inform an appropriate professional authority if the Georgia lawyer knows about misconduct of another lawyer?

Answer 4

If a Georgia lawyer knows that another lawyer has violated the GA Rules and the conduct raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer, the Georgia lawyer is not obligated to report the conduct to professional authority (although they should).

Model Rules are stricter than GA:
The Georgia lawyer is not subject to discipline for failing to report the conduct.