Collective Practice

Question 1

What is a supervisory attorney?

Answer 1

Partner in a law firm, or one who individually or together have comparable managerial authority

Question 2

What is the duty of a supervisory attorney?

Answer 2

Make reasonable efforts to ensure firm has effective measures giving reasonable assurance that all lawyer in the firm conform to the rules of professional conduct

Question 3

A lawyer with direct supervisory authority over another lawyer shall . . .

Answer 3

Make reasonable efforts to ensure the other lawyer conforms to the rules of professional conduct

Question 4

When is a lawyer responsible for the violations of another?

Answer 4

Lawyer orders or with knowledge of conduct ratifies conduct involved

Knows of conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action

Question 5

Does the “just following orders” defense ordinarily work?

Answer 5

Just like at Nuremberg, no. A lawyer is bound by the rules of professional conduct even when acting at the direction of another

Will apply if acts in accordance with a lawyer’s reasonable resolution of a arguable question of professional duty

Question 6

True or False: Generally, lawyers can negotiate a restriction on a right of another to practice

Answer 6

False. Generally there is no ability to restrict the practice of another