Rule 5.3
Responsibilities Regarding Non-lawyer Assistants
With
respect to a non-lawyer 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 person's conduct is compatible with
the professional obligations of the lawyer;
(b) a
lawyer having direct supervisory authority over the non-lawyer shall
make reasonable efforts to ensure that the person's 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.
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