R 5.3 - Responsibilities Regarding Nonlawyer Assistance Flashcards
In respect to non-lawyers, what shall attorneys who are partners and have managerial authority do?
Attorneys who are partners or have managerial authority shall ensure that there are procedures so that the non-lawyers’s conduct conform with the Rules.
In respect to non-lawyers, what shall a supervising attorney do?
The supervising attorney shall ensure that the non-lawyers’ conduct conform with the Rules.
When will a supervising attorney be responsible for the acts of a non-lawyer?
If the supervising attorney orders or, with knowledge of the specific conduct, satisfies the conduct involved;
OR
the attorney is a partner or managerial authority, or has supervisory duties of another lawyer and knows that the conduct at a time when its consequences can be avoided or mitigated but fails to take remedial actions.
When an attorney delegates work to non-lawyers, what must the attorney do?
The attorney must give the non-lawyer instructions on how to conduct themselves and in conformity with the Rules.
When an attorney hires outside assistance, what must the attorney make sure of?
The attorney must ensure that the services outside assistance conform with the attorney’s professional obligations.
What should an attorney do when the client suggest the services of a particular non-lawyer service for the matter?
The attorney should generally agree to the non-lawyer service suggested by the client.
If a non-lawyer was told by an attorney to not discuss any of the issues he observed or heard in a deposition, but the non-lawyer still discloses what he observed and his own conclusion with someone else, what is the best defense for the attorney if he is subject to discipline?
The attorney informed the non-lawyer to no discuss any of the issues that the non-lawyer observed during the deposition.
