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| Title 5. Attorneys and the State Bar |
Oklahoma Statutes Citationized
Title 5. Attorneys and the State Bar
Chapter 1 - Attorneys and Counselors
Appendix 3-A - Oklahoma Rules of Professional Conduct
Article Law Firms and Associations
Section Rule 5.3 - Responsibilities Regarding Nonlawyer Assistants
Cite as: O.S. §, __ __
Oklahoma Rules of Professional Conduct
Chapter 1, App. 3-A
Law Firms and
Associations
Rule 5.3.
Responsibilities Regarding Nonlawyer Assistants
With respect to a nonlawyer employed or 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 person's conduct is compatible with the professional obligations of the lawyer;
(b) 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
(c) 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.
Comment
[1]
Lawyers generally employ assistants in their practice, including secretaries,
investigators, law student interns, and paraprofessionals. Such assistants,
whether employees or independent contractors, act for the lawyer in rendition of
the lawyer's professional services. A lawyer must assure that such assistants
receive 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.
[2] Paragraph (a) requires lawyers with managerial authority within a law firm to make reasonable efforts to establish internal policies and procedures designed to provide reasonable assurance that nonlawyers in the firm will act in a way compatible with the Rules of Professional Conduct. See Comment [1] to Rule 5.1. Paragraph (b) applies to lawyers who have supervisory authority over the work of a nonlawyer. Paragraph (c) specifies the circumstances in which a lawyer is responsible for conduct of a nonlawyer that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer.
Historical Data
Amended by order of the Supreme Court, 2007 OK 22; effective January 1, 2008. (superseded document available )
Citationizer© Summary of Documents Citing This Document| Cite | Name | Level |
|---|
| None Found. |
| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Level | |
| 2007 OK 22, 171 P.3d 780, | IN RE: APPLICATION OF THE OBA TO AMEND THE RULES OF PROFESSIONAL CONDUCT | Cited | |
| Title 5. Attorneys and the State Bar | |||
| Cite | Name | Level | |
| 5 O.S. Rule 5.3, | Responsibilities Regarding Nonlawyer Assistants | Cited | |