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Rule 5.3
RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS
With respect to a nonlawyer employed, 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 nonlawyer’s conduct is compatible with these Rules;
(b) a lawyer having direct supervisory authority over a nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with these Rules; and
(c) a lawyer shall be responsible for the conduct of a nonlawyer if the conduct would be a violation of these Rules if engaged in by a lawyer, and if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer:
(i) is a partner or has comparable managerial authority in a law firm in which the person is employed or has direct supervisory authority over the nonlawyer, and
(ii) knows of the nonlawyer’s conduct at a time when its consequences can be avoided or mitigated, but fails to take reasonable remedial action.
COMMENT
Lawyers generally employ nonlawyers in their practice, including secretaries, investigators, law student interns, and paraprofessionals. Such employees act for the lawyer in rendition of the lawyer’s professional services. A lawyer should give such employees appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. The measures employed in supervising nonlawyers should take account of the fact that they do not have legal training and are not subject to professional discipline.
DEFINITIONAL CROSS-REFERENCES
"Firm" and "Law Firm" See RPC 1.0(e)
"Knows" See RPC 1.0(g)
"Partner" See RPC 1.0(i)
"Reasonable" See RPC 1.0(j)
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