law firms and associations Flashcards
rule 5.1
Responsibilities of a partner or supervisory lawyer
a) all partners in the law firm must make reasonable efforts to assure all lawyers in the firm conform to these rules
b) a supervisory lawyer shall do the same for all lawyers under him
c) a lawyer will be held responsible for anothers violation if:
1) lawyer orders or knowingly ratifies the conduct involved; or
2) lawyer is a partner or supervisor and knows of the bad conduct but does nothing to stop it.
rule 5.2
responsibilities of a subordinate lawyer
a) a lawyer is bound by these rules no matter if he only acted upon the direction of another
b) a subordinate lawyer is not in violation it he acted in accordance with the supervisory lawyers reasonable resolution of an arguable question of professional duty
rule 5.3
responsibilities regarding non-lawyer assistant
with respect to a non-lawyer working with a lawyer:
a) must take reasonable measures to assure that the person’s conduct is compatible with the professional obligations of the lawyer;
b) the lawyer directly supervising the non-lawyer with take the same reasonable steps as above
c) a lawyer shall be responsible for the non-lawyers conduct if it is a violation of these rules if:
1) the lawyer orders or knowingly ratifies the bad conduct; or
2) the lawyer is that persons partner, knows of the bad conduct, but fails to do anything to stop it
