Model Rules of Professional Conduct
LAW FIRMS AND ASSOCIATIONS
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 person's 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 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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