Rule 5.1: Responsibilities of Partners, Managers, Supervisory Lawyers Flashcards
1
Q
Rule 5.1: Responsibilities of Partners, Managers, and Supervisory Lawyers
A
Establishes that a partner or supervising lawyer is responsible for ensuring compliance by subordinate lawyers
2
Q
Who does Rule 5.1(a) apply to?
A
- Partners in a law firm
- Lawyers with Managerial Authority
3
Q
Who does Rule 5.1(b) apply to?
A
Lawyers who directly supervise other lawyers (even if not a partner/manager)
4
Q
What does Rule 5.1(c) state about When a Lawyer is Responsible for Another Lawyer’s Misconduct?
A
A lawyer is personally responsible for another lawyer’s misconduct if:
1. They order to knowingly ratify the misconduct (active involvement)
- They are a partner, manager, or direct supervisor, know of the misconduct while it could still be prevented or mitigated, and fail to take remedial action
5
Q
A
