Attorney Green is a senior partner at a law firm. She assigns a complex research task to a junior associate, Attorney Smith, who recently joined the firm. Green provides Smith with a general outline of the legal issue but does not review Smith's research methodology or preliminary findings before Smith submits a memo to Green. Green then incorporates Smith's memo into a brief without thoroughly verifying Smith's analysis or conclusions. Has Green violated the Model Rules of Professional Conduct?
- ANo, because the brief was ultimately submitted under Green's name, indicating her adoption of the work.
- BYes, but only if Smith's research or conclusions were ultimately incorrect.
- CNo, because Smith is a licensed attorney and responsible for his own work.
- DYes, because a supervisory lawyer must make reasonable efforts to ensure the subordinate lawyer conforms to the Rules of Professional Conduct.
Show answer & explanationAnswer & explanation
Correct answer: D. Yes, because a supervisory lawyer must make reasonable efforts to ensure the subordinate lawyer conforms to the Rules of Professional Conduct.
Model Rule 5.1(b) states that a lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct. This includes ensuring that the work product of a subordinate attorney is adequately supervised, especially when incorporating it into documents submitted to a court. Green's failure to adequately review Smith's work before incorporating it constitutes a failure to make reasonable efforts to ensure compliance.
Why the other options are wrong
- A. Submitting the brief under her name does not absolve Green of her supervisory responsibility; it underscores the need for her to verify the content.
- B. The violation stems from the failure to supervise, not necessarily from the correctness of the subordinate's work, though incorrectness might expose the lack of supervision.
- C. While Smith is responsible for his own work, Green, as a supervisory attorney, has an independent duty to supervise and ensure compliance with ethical rules.
Responsibilities of a Supervisory Lawyer
A lawyer with direct supervisory authority over another lawyer must make reasonable efforts to ensure the subordinate lawyer conforms to the Rules of Professional Conduct.
- Applies to direct supervisory authority.
- Requires reasonable efforts to ensure compliance.
- Includes supervision of work product.
Memory trick: The 'Supervisor' must 'Guide' the 'Subordinate' right, to 'Ensure' 'Ethical' light.