Rule 5.3: Responsibilities Regarding Non-lawyer Assistance

Question 1

Who does Rule 5.3 apply to?

Answer 1

FOR Nonlawyer Assistants (ex: paralegals, clerks, assistants)

Question 2

Under Rule 5.3(a), Who is the one who ensures compliance for non-lawyer assistants?

Answer 2

It is the Duty of Partners and Lawyers with Managerial Authority to ensure compliance

Question 3

Under Rule 5.3(a), what are the obligations of Partners and Managers to nonlawyer assistants?

Answer 3

They must take responsible steps to ensure that the firm has systems and policies to ensure no lawyers act in line with professional obligations

Question 4

Under Rule 5.3(b), Who is the one who ensures compliance for non-lawyer assistants?

Answer 4

Supervisory Attorneys

Question 5

Under Rule 5.3(c), A Lawyer is Responsible for Nonlawyer’s Misconduct if: (2)

Answer 5

1. They order or knowingly ratify the misconduct
2. They are a partner, manager, or supervisor, know about the misconduct, and fail to prevent or fix it