R 5.2 - Responsibilities of a Subordinate Lawyer

Question 1

If an attorney was acting under the direction of the supervising attorney, would the acting attorney still be subject to discipline?

Answer 1

Yes.

Question 2

If the subordinate attorney sought a reasonable resolution of an arguable question of professional duty, will the subordinate attorney be subject to discipline?

Answer 2

No.

Question 3

If the subordinate attorney knew that the action taken would subject the subordinate attorney to discipline and sought a reasonable resolution of the issue, will the subordinate attorney be subject to discipline?

Answer 3

Yes, the subordinate attorney knew, even before seeking a reasonable resolution, that it would violate the Rule. A reasonable resolution of the issue will not save the attorney from discipline.

Question 4

If the subordinate attorney was acting in the supervising attorney, and the subordinate attorney did not have knowledge that the action was a violation to the Rules, is the subordinate attorney subject to discipline.

Answer 4

The subordinate attorney will not be subject to discipline as long as the subordinate attorney did not have knowledge that the action violates the Rules.

Question 5

If the supervising attorney assumes the responsibility between the subordinate and supervising relationship, will the subordinate attorney be subject to discipline?

Answer 5

No, just the supervising attorney since the supervising attorney is taking responsibility for the actions taken.