Multistate Professional Responsibility Examination (MPRE)Transactions and Communications with Persons Other Than ClientsEasy
Attorney Lewis is representing a client in a complex real estate transaction. Lewis employs a nonlawyer assistant, Sarah, who has extensive experience in real estate closings. Lewis delegates to Sarah the task of explaining the legal implications of a specific clause in the purchase agreement to the client, under the belief that Sarah's experience makes her well-suited for this. Lewis briefly reviews Sarah's explanation with the client afterwards. Is Lewis's delegation appropriate under the Model Rules of Professional Conduct?
- AYes, because Sarah has extensive experience, and Lewis ultimately reviewed her work.
- BYes, as long as Sarah is clearly identified as a nonlawyer assistant to the client.
- CNo, unless Sarah is a paralegal certified by a professional organization.
- DNo, because explaining legal implications is a task requiring the professional judgment of a lawyer.
Show answer & explanationAnswer & explanation
Correct answer: D. No, because explaining legal implications is a task requiring the professional judgment of a lawyer.
Lawyers may delegate tasks to nonlawyer assistants, but they must supervise the delegated work and are ultimately responsible for the assistant's conduct. Crucially, tasks requiring professional legal judgment, such as giving legal advice or explaining legal implications, cannot be delegated to nonlawyers. These are core functions of a lawyer.
Why the other options are wrong
- A. Experience does not qualify a nonlawyer to perform tasks requiring legal judgment, and a brief review does not mitigate this fundamental ethical breach.
- B. While identifying Sarah as a nonlawyer is important, it does not permit her to perform tasks that require a lawyer's professional judgment.
- C. Certification might enhance a paralegal's credentials, but it does not authorize them to provide legal advice or exercise professional legal judgment.
Delegation to Nonlawyer Assistants
Lawyers may delegate tasks to nonlawyer assistants but retain supervisory responsibility and cannot delegate tasks requiring professional legal judgment, such as giving legal advice.
- Lawyer must supervise nonlawyer assistants.
- Cannot delegate tasks requiring legal judgment.
- Lawyer remains responsible for assistant's conduct.
Memory trick: Delegate 'Tasks', not 'Brains', for 'Legal Gains'.