Supervisory Duties of Attorneys Flashcards
What duties are owed by Lawyers in supervisory roles to subordinate lawyers AND nonlawyers?
1.) Must take reasonable efforts to ensure that the firm is taking effective measures to ensure all parties are conforming to the rules of ethical conduct (i.e. training software, conflict checker, etc.)
2.) IF the lawyer has direct supervisory authority, must make sure the subordinate lawyer follows rules of ethical conduct
3.) Employer liability
When is a supervising attorney liable for the misconduct of a subordinate attorney?
1.) Directly ordered or knew of and ratified conduct (for anyone)
2.) Direct supervising attorney Knew of conduct and failed to stop it prior to mitigating/stopping effects
Are subordinate lawyers still bound by the rules of ethical conduct even when following the direction of a senior attorney?
Yes. Unless there is an arguable question of legal ethics, and the senior attorney gives a reasonable resolution.
Are different duties owed by supervisors with regard to nonlawyers?
No. they are the exact same
1.) Reasonable efforts to ensure firm follows ethics
2.) IF direct supervisory authority, must take reasonable efforts to ensure individual attorney follows code of ethics
3.) Employer liability for known/directed misconduct
May a lawyer share legal fees with a non-lawyer?
No, with exceptions.
When may a lawyer share legal fees with a non-lawyer?
1.) Non-lawyer is surviving spouse who is paid fees owed to deceased spouse for work.
2.) Non-Lawyer is surviving spouse of deceased lawyer, and fees are for purchase of law practice
3.) Profit sharing plans for pension/retirement
4.) Can share court awarded fees with charitable organization
Can a lawyer form a partnership with a non-lawyer for the practice of law?
No.
Can a nonlawyer own interest in a firm?
No. UNLESS fiduciary representative of the estate of a lawyer can hold onto shares in a firm during administration of that Lawyer’s estate.
Can a nonlawyer be a corporate director, or officer of firm?
No.
Can a lawyer practice at a firm/corporation where a nonlawyer can direct their legal judgement?
No.
Can an attorney barred in one state practice in a state where they are not barred?
No, and they cannot assist another in doing so.
When can an attorney work in a jurisdiction where they are not admitted?
1.) If they make their appearance Pro Hoc, meaning they make a special one off appearance for this specific issue, CAN DO SO EVEN IF ASSUMING THEY WILL GET ADMITTED (prior to actual admittance)
2.) Can work with a local (who will file everything and make appearances)
3.) If lawyer works for a federal agency
4.) if nonlegal work
Can a lawyer open an office or hold themselves out as being able to practice in a jurisdiction where they are not admitted?
No.
REMEMBER: If multi-state firm must indicate where everyone can practice and CANT use name of a member admitted to a state agency or position
What CAN’T an individual who is not barred do?
1.) give legal advice
2.) make appearances
3.) file (BUT CAN WRITE THE ENTIRE THING)
Can an attorney offer or make an agreement which would limit the ability of another attorney to practice law?
No.
