When is a subordinate lawyer protected from discipline?

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A subordinate lawyer is protected from discipline when following unclear directives from a supervisor because it recognizes the hierarchical nature of legal practice and the responsibilities of supervising attorneys. The ethical rules stipulate that subordinate lawyers should comply with their supervisors' directives, even when those directives may not be entirely clear. This protection is rooted in the principle that an employee should not be penalized for acting under the guidance of a superior, especially when the instructions provided leave room for interpretation.

In situations where a subordinate is directed to perform tasks that could potentially breach ethical standards, that subordinate may still be shielded from discipline if it can be shown they were acting under the supervisor's ambiguous instructions. This fosters a system where junior lawyers feel comfortable seeking clarification and reporting potential ethical dilemmas without the fear of personal repercussion, thereby encouraging adherence to ethical standards in the workplace.

The other options reflect scenarios that typically do not provide protection. For example, acting independently or in a manner that violates ethical rules does not afford any shield against disciplinary action. Similarly, being directly charged by a client can result in personal liability, as the client’s grievances might not involve the supervisor at all.

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