When is a lawyer subject to discipline for a non-lawyer employee's conduct?

A lawyer is subject to discipline for a non-lawyer employee's conduct when the non-lawyer is under the direct supervision of the lawyer. This is based on the principle that lawyers are responsible for the actions of their employees when they are performing tasks related to the legal practice, especially if those tasks involve client matters or confidential information. The lawyer must ensure that the non-lawyer adheres to ethical standards and does not engage in conduct that would violate the rules governing the practice of law, including the maintenance of client confidentiality and upholding professional integrity.

The relationship of supervision is crucial because it establishes that the lawyer has a duty to oversee the actions of their non-lawyer staff. If the lawyer fails to adequately supervise the non-lawyer, they may be held accountable for any breaches of ethical standards resulting from the non-lawyer’s actions. This aligns with the ethical standards that emphasize the responsibility of lawyers in ensuring that all aspects of their practice, including the conduct of employees, comply with legal and ethical obligations.

In contrast, simply having an employee who is not directly supervised does not automatically subject a lawyer to discipline, as the lawyer may not have the same level of control or responsibility in those circumstances. Similarly, the nature of the employment relationship, such as