Responsibility of Partners, Managers, and Supervisory Atty

Question 1

The partners or managing lawyers of a law firm (and the supervisory lawyers in a governmental agency, business, or other group of lawyers) ____ make ______________ efforts to assure
that the other lawyers adhere to the Rules of Professional Conduct.

Answer 1

Must

Reasonable

Question 2

A lawyer who directly supervises the work of another ____ make ______________ efforts to assure
that the other lawyers adhere to the Rules of Professional Conduct.

Answer 2

Must

Reasonable

Question 3

True or False: The duty to manage may be expanded depending on the size of the organization.

Answer 3

True - Larger firms may require more complex steps.

Question 4

When is a lawyer subject to discipline for the misconduct of another lawyer?

Answer 4

1. When the lawyer ordered the misconduct.
2. When the lawyer knew about it or ratified it.
3. When the lawyer knew about it and failed to take reasonable remedial action when they could have.

Question 5

True or False: lawyer must instruct non lawyers about the ethics of the profession and be ultimately responsible for their work.

Answer 5

True

Question 6

Lawyer L hired secretary S without carefully checking her background. L put S in charge of
his client trust fund account, but did not carefully supervise her bookkeeping procedures. S
stole a substantial sum from the account. L failed to fire S even after he discovered her theft.

What is the rule?

Answer 6

Lawyer is subject to discipline for gross negligence.

Question 7

When is a lawyer liable for the conduct of non-lawyers?

Answer 7

1. When the lawyer ordered the conduct or knew about it or ratified it.
2. The lawyer is a partner/manager/supervisor over non lawyer and knows of the misconduct and did not take reasonable remedial action when they could have.

Question 8

True or False: Supervisory lawyers have the same ethical duties as a partner to subordinates.

Answer 8

True

Question 9

What does it mean for someone to be vicariously responsible?

Answer 9

They ordered or ratified the misconduct
or
Failed to avoid or mitigate consequences.

Question 10

True or False: Partners/Supervisors do not have the same duties of supervision over nonlawyers (both inside and outside the firm)

Answer 10

False - they do both to firm staff and 3rd parties hired by the firm.

Question 11

When does acting under the orders of another excuse misconduct?

Answer 11

When the action was a reasonable resolution of an arguable question of professional duty. (very technical argument)