Maintaining the integrity of the profession

Question 1

Misconduct committed by others

Answer 1

L is subject to discipline for misconduct by others if L:
(i) orders the misconduct,
(ii) ratifies it with knowledge of the specific conduct, or
(iii) is someone with direct supervisory authority over another L or law-related employee, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take
reasonable remedial action

Partners in law firm—must make reasonable efforts to ensure the firm has measures in place that give reasonable assurance that all Ls and non-Ls in the firm conform to MR

Direct supervisor—L with direct supervisory authority over another L or non-L must make reasonable efforts to ensure that the supervised person’s conduct conforms to MR

Duties of subordinate Ls—not in violation of MR if acting in accordance with supervising L’s reasonable resolution of an arguable question of professional duty

Question 2

Reporting misconduct

Answer 2

MR—if L has actual knowledge of misconduct, he must report it if it has to do with material matters of clear and weighty importance

CA—no requirement of L to report misconduct of another L

Question 3

Unauthorized practice of law

Answer 3

L is obligated to ensure that only authorized persons engage in the practice of law and are subject to discipline for assisting non-Ls in the unlicensed practice of law

Assisting non-Ls in the unauthorized practice of law—L must not assist a non-L in the unauthorized practice of law, and the non-L is subject to civil/criminal penalties