Rule 5.3 Responsibilities Regarding Nonlawyer Assistance
Law Firms and Associations
Rule Text
With respect to a nonlawyer employed or retained, supervised or directed by a lawyer: (a) 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 (b) except as provided by Rule 8.4(b), 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.
Amendment history: Adopted 01/01/05. Amended 01/01/14: Title changed from “Assistants” to “Assistance” in recognition of the broad range of nonlawyer services that can be utilized in rendering legal services.