R 5.3 - Responsibilities Regarding Nonlawyer Assistance Flashcards

1
Q

In respect to non-lawyers, what shall attorneys who are partners and have managerial authority do?

A

Attorneys who are partners or have managerial authority shall ensure that there are procedures so that the non-lawyers’s conduct conform with the Rules.

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2
Q

In respect to non-lawyers, what shall a supervising attorney do?

A

The supervising attorney shall ensure that the non-lawyers’ conduct conform with the Rules.

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3
Q

When will a supervising attorney be responsible for the acts of a non-lawyer?

A

If the supervising attorney orders or, with knowledge of the specific conduct, satisfies the conduct involved;
OR
the attorney is a partner or managerial authority, or has supervisory duties of another lawyer and knows that the conduct at a time when its consequences can be avoided or mitigated but fails to take remedial actions.

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4
Q

When an attorney delegates work to non-lawyers, what must the attorney do?

A

The attorney must give the non-lawyer instructions on how to conduct themselves and in conformity with the Rules.

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5
Q

When an attorney hires outside assistance, what must the attorney make sure of?

A

The attorney must ensure that the services outside assistance conform with the attorney’s professional obligations.

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6
Q

What should an attorney do when the client suggest the services of a particular non-lawyer service for the matter?

A

The attorney should generally agree to the non-lawyer service suggested by the client.

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7
Q

If a non-lawyer was told by an attorney to not discuss any of the issues he observed or heard in a deposition, but the non-lawyer still discloses what he observed and his own conclusion with someone else, what is the best defense for the attorney if he is subject to discipline?

A

The attorney informed the non-lawyer to no discuss any of the issues that the non-lawyer observed during the deposition.

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