G. Partners, Managers & Supervising Lawyers

Question 1

When is Partner/Managing Lawyer/Supervisory Lawyer vicariously responsible for Lawyer’s violation of RPC?*

Answer 1

Order/Ratification!!!
- Partner/Managing Lawyer/Supervisory Lawyer orders/ratifies violating conduct!!!

Failure to remedy!!!

1) Partner/Managing Lawyer/Supervisory Lawyer has authority over Lawyer
2) Partner/Managing Lawyer/Supervisory Lawyer knows of violating conduct (when it could be avoided/mitigated)
3) Partner/Managing Lawyer/Supervisory Lawyer fails to take reasonable remedial action

Question 2

Is Partner/Managing Lawyer/Supervisory Lawyer responsible for Non-Lawyer’s conduct?*

Answer 2

YES!!!

• Non-Lawyers inside Firm (Paralegals, Secretaries)
• Non-Lawyers outside Firm (Outsourcing companies)