RPC RULE 5.3
RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS
With respect to a nonlawyer employed or retained by or associated with a lawyer:
(a) a partner, and a lawyer who individually or together with other
lawyers possesses comparable managerial authority in a law firm shall make
reasonable efforts to ensure that the firm has in effect measures giving
reasonable assurance that the persons conduct is compatible with the
professional obligations of the lawyer;
(b) a lawyer having direct supervisory authority over the nonlawyer shall
make reasonable efforts to ensure that the persons conduct is compatible
with the professional obligations of the lawyer; and
(c) a lawyer shall be responsible for conduct of such a person that would
be a violation of the Rules of Professional Conduct if engaged in by a
lawyer if:
(1) the lawyer orders or, with the knowledge of the specific conduct,
ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the
law firm in which the person is employed, or has direct supervisory
authority over the person, and knows of the conduct at a time when its
consequences can be avoided or mitigated but fails to take reasonable
remedial action.
Comment
[1] Lawyers generally employ assistants in their practice, including
secretaries, investigators, law student interns, and paraprofessionals.
Such assistants, whether employees or independent contractors, act for the
lawyer in rendition of the lawyer's professional services. A lawyer must
give such assistants appropriate instruction and supervision concerning the
ethical aspects of their employment, particularly regarding the obligation
not to disclose information relating to representation of the client, and
should be responsible for their work product. The measures employed in
supervising nonlawyers should take account of the fact that they do not
have legal training and are not subject to professional discipline.
[2] Paragraph (a) requires lawyers with managerial authority within a law
firm to make reasonable efforts to establish internal policies and
procedures designed to provide reasonable assurance that nonlawyers in the
firm will act in a way compatible with the Rules of Professional Conduct.
See Comment [1] to Rule 5.1. Paragraph (b) applies to lawyers who have
supervisory authority over the work of a nonlawyer. Paragraph (c) specifies
the circumstances in which a lawyer is responsible for conduct of a
nonlawyer that would be a violation of the Rules of Professional Conduct if
engaged in by a lawyer.
[Amended effective September 1, 2006.]
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |