RULE 5.2 RESPONSIBILITIES OF A SUBORDINATE LAWYER

Obsolete Date: 8/1/2006

A lawyer is bound by these rules notwithstanding that the lawyer acted at the direction of another person.

When lawyers in a supervisor-subordinate relationship encounter a matter involving professional judgment as to ethical duty, each lawyer is responsible for the decision. Although a lawyer is not relieved of responsibility for a violation by that fact that the lawyer acted at the direction of another lawyer, the fact may be relevant in determining whether a lawyer had the knowledge required to render conduct a violation of these Rules. In addition, the nature of the ethical question presented, the relationship between the lawyers, whether other lawyers were consulted regarding the ethical question, and the position ultimately taken may be used, along with other relevant facts, to mitigate the discipline imposed for the violation.

Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 11/08/85 and 01/31/86