Law Firms and Associations Flashcards
LF & Assoc. — 5.1 — Responsibilities of Partners, Managers, and Supervisory Lawyers
a) Partners take reasonable efforts that all lawyers in firm comply with MR
b) Supervisors make reasonable assurance that subordinates comply.
c) Lawyer responsible for another’s violation if:
• Lawyer orders or ratifies
Knows but does not mitigate
LF & Assoc. — 5.2 — Responsibilities of a Subordinate Lawyer
a) Lawyer bound by MR regardless of instructions
Not in violation if following orders on a reasonable judgment call.
LF & Assoc. — 5.3 — Responsibilities Regarding Nonlawyer Assistants
a) Supervisors to ensure reasonable compliance with MR.
b) Ensure subordinate conduct is compatible with yours if working together on a case.
c) Responsible for subordinate errors if:
• Lawyer orders or ratifies
• Knows but does not mitigate
LF & Assoc. — 5.4 — Professional Independence of a Lawyer
a) No fee-sharing w/ non-lawyer except:
• Time payments after death of a lawyer
• Payment to estate of lawyer for amounts due
• Firm employees in retirement plan
• May share court awarded legal fees w/ non-profit client
b) Cannot partner w/ non-lawyer if firm will practice law
c) Cannot allow client to direct your prof judgment
d) Cannot practice as a PC or LLC if:
• A non-lawyer owns a piece of the business
• A non-lawyer is a director or officer
A non-lawyer has right to direct or control lawyer’s judgment
CA RULES
- -Cannot partner w/ non-lawyer if firm will practice law
- -Cannot hire disbarred or suspended members to help render services to client in any way unless you notify everybody and their brother.
- Financial arrangements with non-lawyers; same as MR 5.4a
- –No fee sharing at all
