The Duty to Supervise Non-Lawyers During the Client Intake Process, and Lawyers' Office Sharing Arrangements

13 Dec , 2023

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This program will explain lawyers’ supervisory duties during and after the client intake process under the Rules of Professional Conduct (“RPC”), with emphasis on RPCs 5.1 and 5.3.  The program will also examine the recently issued ABA Opinion 506 addressing the topic of “Responsibilities Regarding Nonlawyer Assistants.” The program will then move to the subject of Office Sharing Arrangements, and will discuss the conflicts of interest issues that can arise under RPC 1.7 and 1.8, and how to address them; the potential vicarious liability and possible fee sharing issues under RPC 1.5; the risk of imputed partnership, and the related issues of advertising and “holding out, under RPC 7, as well as discussing another recently issued ABA Opinion, 507 titled “Office Sharing Arrangements with Other Lawyers.”.

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