Subordinate laywer

Question 1

Responsibility of a subordinate lawyer

Answer 1

A lawyer is bound by the Rules of Professional Conduct.
- A subordinate lawyer does not violate the ethical rules if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.

• A lawyer is not relieved of responsibility for a violation by the fact that the lawyer acted at the direction of a supervisor. The fact may be relevant in determining whether the lawyer had the knowledge required to be a violation of the Rules.

Question 2

Unauthorized practice of law

Answer 2

• a lawyer cannot assist a person in the unauthorized practice of law.

-A non-lawyer may work under the direct supervision of a practicing lawyer who is licensed in that jurisdiction.

• Supervising lawyer’s must make reasonable efforts that a non-lawyer’s conduct is compatible with the lawyer’s obligations
• a lawyer is responsible for an assistant’s work product.