Law Firms & Associations

Question 1

Vicarious Responsibility in Law Firms
Re: Managerial Authority

MR 5.1/CRPC 5.1

Answer 1

Managerial authority - Gotta have measures in your firm that gives reasonable assurance that all lawyers will comply with the rules. If a lawyer ha direct supervisory authority over another, supervising atty must make reasonable efforts to ensure that other lawyers follow the rules.

Question 2

Vicarious Responsibility in Law Firms
Re: When atty is responsible for another atty’s conduct

Answer 2

1. Atty orders or with knowledge of the specific conduct ratifies conduct involved OR
2. Atty that supervises or manages other attys knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

Question 3

Vicarious Responsibility in Law Firms
Re: Subordinates

Answer 3

Lawyers are bound by rules even when acting at the direction of another but subordinate lawyers do not violate rules if they act in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty

Question 4

Sale of Law Practice
Re: Written Notice to Clients

Answer 4

For clients with open cases and who need to get a new lawyer because of sale, lawyers must provide a written notice that states:

the interest in the law practice is being transferred to the purchaser;

the clients have the right to retain their own counsel;

the clients may take possession of their materials and property;

if no response is received from a client within 90 days, or if the client’s rights would be prejudiced by a failure to act, then the purchaser may act on behalf of the client until otherwise notified by the client.

Question 5

Sale of Law Practice

Answer 5

Model Rules require you to sell your entire practice while CA allows you to sell a substantial portion of your practice.