Rule 5.2: Responsibilities of a Subordinate Lawyer

Question 1

Who does Rule 5.2 apply to?

Answer 1

Of Subordinate Lawyer for SELF

Question 2

Under Rule 5.2(a), who is responsible for a Subordinate Lawyer’s conduct?

Answer 2

A Subordinate Lawyer is Personally responsible for their own conduct: Lawyer cannot escape liability for an ethical violation simply by claiming they were following orders from a supervising lawyer

Question 3

Under Rule 5.2(b), when does subordinate lawyer not violate the Rules of Conduct?

Answer 3

Reasonable Resolution of an Arguable Ethical Question: if there is an arguable question of professional duty, a subordinate lawyer will not be held liable for following their supervising lawyer’s reasonable resolution

Question 4

Is Just Following Orders a defense for A Subordinate Lawyer?

Answer 4

NO: Unless the situation involves a debatable ethical issue resolved reasonably by a supervisor