Paralegal

Category - Ethics

Under the Model Rules of Professional Conduct, a lawyer can be responsible for the conduct of a paralegal in which of the following situations?
  1. If a lawyer orders a paralegal to engage in conduct that would be a violation if engaged in by the lawyer.
  2. If the lawyer is a direct supervisor of a paralegal and knew of conduct in violation of the Model Rules at a time when the consequences could be avoided, but failed to take action.
  3. If a lawyer knows of a paralegal’s conduct that would be a violation if engaged in by the lawyer and ratifies the conduct.
  4. All of the above.
Explanation
Answer: D - All of the above. “A lawyer shall be responsible for conduct of [a non-lawyer employee] that would be a violation of the [Model Rules] 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.” Model Rule 5.3(c). Answers A, B, and C all are described by Model Rule 5.3(c).
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