Marching Orders: When to Tell Your Boss No

This article discusses when a new lawyer can rely on the instructions of a more experienced lawyer, even when faced with an ethical dilemma. It explains that new lawyers must still follow their professional responsibilities, even if their supervising lawyer gives them conflicting instructions. The article also mentions that there are resources available to help resolve these situations without harming the new lawyer’s career. It also explains the Subordinate Lawyer Rule, which says that a new lawyer is still bound by professional rules even if they are following the instructions of a more experienced lawyer. If a junior lawyer is told to do something by their boss, they should follow it unless it goes against the ethical rules for lawyers. If there’s a question about whether it’s the right thing to do, they should follow the ethical rules instead. This might mean saying no to a new case if they already have too much work. There are three kinds of situations where this might come up: when the facts aren’t clear, when there’s a conflict of interest, or when the law is unclear. If a junior lawyer is told not to tell their client about a settlement offer, they need to find out if the client already knows about the offer. If they don’t, or if the client didn’t say to reject offers of a certain amount, the lawyer has to tell the client about the offer, even if their boss said not to. If there’s a legal question the lawyer doesn’t know the answer to, they have to try to find out the answer. If they can’t, they can rely on their boss’s opinion and act like the answer is settled. A lawyer in Connecticut was told by her boss to send her client to a non-lawyer “land-use consultant” who works with local government agencies. The lawyer was worried that this might break a rule about helping someone who isn’t a lawyer to practice law. She looked into the law and found it wasn’t clear if the consultant’s work counted as practicing law. So, she could trust her boss’s decision on whether it was ok to send the client to the consultant or not. Sometimes, the rules for lawyers are a bit unclear, and in those cases, a lawyer can rely on their boss to make a decision. If a lawyer in a law firm has a question about a conflict between two clients, they can ask their boss for advice. The lawyer can rely on their boss’s decision as long as it seems sensible. However, if the boss is not licensed to practice law in the area where the rules apply, the lawyer should not rely on their advice. It’s not always okay for a junior lawyer to do whatever their boss tells them, especially if the boss has a personal interest in the situation. If the boss is involved in something questionable, the junior lawyer should ask someone else for advice. And even if the junior lawyer does what the boss says, it doesn’t guarantee they won’t get in trouble later. They might not get in trouble, but their reputation could still be hurt. The subordinate lawyer rule doesn’t protect a lawyer in court if they mess up. It also doesn’t help in criminal cases. So, a lawyer has to decide whether to follow their boss’s orders and risk getting in trouble, or disobey and risk their job. The lawyer should know that they have resources to help them make the right decision. If a lawyer has a problem, they should talk to their boss first. If they’re not comfortable, they can talk to other lawyers at the firm, use an ethics hotline, or ask a trusted person outside the firm for advice. It’s important to get help from someone who doesn’t have a stake in the situation. As a subordinate lawyer, it’s important to follow the rules of professional conduct, even if your supervising lawyer tells you to do something different. You can seek advice from a bar association to get an opinion on the issue. If the supervising lawyer asks you to do something unethical, you may have to leave your job. Remember, you should only listen to your supervising lawyer if there’s a real question about professional duty. It’s important to make informed decisions and follow the rules of professional conduct. The rule says that lawyers have to follow the rules of professional conduct, even if their boss tells them to do something different. If there is a clear conflict with the rules, the lawyer should speak up and try to resolve the issue. If they can’t resolve it, they still have to follow the rules. This is to make sure that lawyers act ethically and follow the law. If a lawyer knows that another lawyer or judge has done something wrong, they have to tell the professional authority. Even if a lawyer is new, they still have to follow the rules like everyone else. When there is a complaint against a lawyer, it becomes public record after an investigation. A lawyer can’t use the professional rules to escape being sued. There are rules that allow a lawyer to talk to someone else for advice on following the professional rules. But a law firm’s communication with their own lawyer might create a conflict between their duties to themselves and their duties to their client. This article talks about how lawyers are governed by ethics rules, and it mentions where lawyers can go for advice on ethical issues. It also includes information about an attorney and where they are licensed to practice law.

Source: https://www.floridabar.org/the-florida-bar-journal/marching-orders-when-to-tell-your-boss-no/