Supervising Your Lawyers and Staff: Avoiding Serious Ramifications

In a law firm, lawyers have to oversee and take responsibility for the work of their non-lawyer staff. They need to make sure that their staff follows the rules and ethical standards of the legal profession. This includes things like how they talk to clients, how they handle important documents, and how they contact people who might need a lawyer. If the non-lawyer staff does something wrong, the lawyer is the one who gets in trouble. The rules also say that lawyers have to be careful about who they hire, especially if the person used to work for a different law firm. This is to make sure that confidential information about clients doesn’t get passed along to the new employer. Some courts have different standards for how closely lawyers need to watch their non-lawyer staff, so it’s important for lawyers to be aware of the rules in their area. The Florida Bar has disciplined attorneys for not supervising their staff properly. In one case, an attorney’s staff forged a client’s signature on a settlement agreement. The attorney was held responsible, even though it was unclear who did the forgery. In another case, an attorney’s secretary forged a document, and the attorney was disciplined for not supervising the secretary. In a third case, a law firm partner was held responsible for an unethical action committed by an associate. To make sure you and your fellow attorneys meet these rules, first determine what kind of staff your firm needs. If you need nonattorney help, hire people with the specific skills required for the job and good ethical recommendations. It’s important for a law firm to have a good employee-training program. This program should teach employees about using equipment, following procedures, and the firm’s image. It should also include the right behavior and responsibilities. The firm should also have a partner who can help with any questions about ethics. This can help prevent any big problems with following the rules. This is a list of rules and opinions related to the ethical responsibilities of lawyers and their non-lawyer employees in Florida. It includes rules about supervision, confidentiality, and conflicts of interest. There are also court cases mentioned that provide examples of how these rules are applied.

Source: https://www.floridabar.org/the-florida-bar-journal/supervising-your-lawyers-and-staff-avoiding-serious-ramifications/