Law Firms & Associations - Responsibilities Flashcards
5.1 - Responsibilities of a Partner or Supervisory Lawyer
(a) Partners/supervisory lawyers SHALL make reasonable efforts to ensure the firm has measures giving REASONABLE assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
(b) Lawyers with direct authority over another lawyer SHALL make REASONABLE efforts to ensure that other lawyer conforms to the Rules of Professional Conduct.
(c) A lawyer SHALL be responsible for another lawyer’s violation of the Rules of Professional Conduct IF:
1) the supervising lawyer orders the violating conduct or has knowledge of it and “ratifies” the conduct involved… OR
2) the supervising lawyer has authority where the other lawyer practices AND knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take REASONABLE remedial action.
5.2 - Responsibilities of a Subordinate Lawyer
CAN’T SHIFT BLAME FOR YOUR MISTAKE AS AN ASSOCIATE . . . UNLESS YOU ACTED BASED ON A PARTNER’S “reasonable resolution of an arguable question of professional duty”.
(a) A lawyer is bound by the Rules of Professional Conduct despite the fact that lawyer acted under direction from another person.
(b) A subordinate lawyer does not violate the Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.
5.3 - Responsibilities Regarding Nonlawyer Assistance
For nonlawyers (think paralegals and secretaries):
(a) partners/authoritative lawyers SHALL make reasonable efforts to ensure that the firm has MEASURES in place giving REASONABLE assurance that the nonlawyer’s conduct is compatible with the professional obligations of the lawyer;
(b) a lawyer with direct supervisory authority over the nonlawyer SHALL make REASONABLE efforts to ensure THAT PERSON’S conduct is compatible with the professional obligations of the lawyer; AND
(c) the lawyer is on the hook for the nonlawyer’s conduct IF
1) the lawyer orders OR, with the knowledge of the specific conduct, ratifies the conduct involved; OR
2) the partner/supervisory lawyer KNOWS of the conduct when it can be mitigated but fails to take REASONABLE remedial action.
