Establishing a Law Practice: Responsibilities of Supervisory/Subordinate Lawyers; Restrictions on Right to Practice; Sale of Law Practice

Question 1

What is the responsibility of law firm?

Answer 1

Law firm must ensure that member lawyers conform to RPC

Question 2

What is the responsibility of supervisory lawyers?

Answer 2

In General –> supervisory lawyers must ensure that non-lawyers and lawyers conform to RPC

Question 3

When is a supervisory lawyer responsible for the conduct of another?

What are the special CA rules?

Answer 3

NOTE –> applies to lawyers and non-lawyers

1. orders or ratifies the conduct
2. lawyer is a partner or similar manager, or has direct supervisory authority over the other lawyer, and KNOWS of the conduct at a time when its consequences can be AVOIDED or MITIGATED but fails to take reasonable remedial action

CALIFORNIA RULE:

1. California lawyer MAY NOT assist in, solicit, or induce an ethics violation by another person
2. If one member of firm commits a disciplinary violation other members of the firm can be disciplined if they APPROVED it or KNEW about it and did nothing to prevent it.

Question 4

What are the responsibilities of a subordinate lawyer?

Answer 4

General rule –> subordinate lawyer is bound by RPC notwithstanding that he acted at direction of another person

EXCEPTION –>
- he acted in accordance with a supervisory’s REASONABLE INTERPRETATION of an ARGUABLE QUESTION of professional duty

Question 5

What is the rule against restrictions on right to practice?

Answer 5

A lawyer must must not offer or make

(1) partnership or employment agreement that restricts right of lawyer to practice after termination
EXCEPTION –> agreement conferring benefits upon retirement

(2) an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a controversy between private parties