Rule 5.3.Responsibilities Regarding Nonlawyer Assistants 
 With respect to a nonlawyer employed or retained by or associated 
 with a lawyer: 
  
 (a)a partner in a law firm shall make reasonable efforts to 
 ensure that the firm has in effect measures giving reasonable assurance 
 that the person's conduct is compatible with the professional 
 obligations of the lawyer; 
  
 (b)a lawyer having direct supervisory authority over the 
 nonlawyer shall make reasonable efforts to ensure that the person's 
 conduct is compatible with the professional obligations of the lawyer; 
 and 
  
 (c)a lawyer shall be responsible for conduct of such a person 
 that would be a violation of the Rules of Professional Conduct if 
 engaged in by a lawyer if: 
  
 (1)the lawyer orders or, with the knowledge of the specific 
 conduct, ratifies the conduct involved; or 
  
 (2)the lawyer is a partner in the law firm in which the person 
 is employed, or has direct  supervisory authority over the person and 
 knows of the conduct at a time when its consequences can be avoided or 
 mitigated but fails to take reasonable remedial action. 
  
 

                                                                
ANNOTATIONSCOMMENT 
 Lawyers generally employ assistants in their practice, including 
 secretaries, investigators, law student interns, and paraprofessionals. 
 Such assistants, whether employees or independent contractors, act for 
 the lawyer in rendition of the lawyer's professional services.  A lawyer 
 should give such assistants appropriate instruction and supervision 
 concerning the ethical aspects of their employment, particularly 
 regarding the obligation not to disclose information relating to 
 representation of the client, and should be responsible for their work 
 product.  The measures employed in supervising nonlawyers should take 
 account of the fact that they do not have legal training and are not 
 subject to professional discipline. 
  
 COMMITTEE COMMENT 
 The Committee concluded that public policy dictates that lawyers 
 must be responsible for the acts of those they supervise.  The lawyer's 
 status as partner, associate, or otherwise has little or nothing to do 
 with his or her professional responsibilities. 
  
  
  
 ANNOTATION 
  
 Annotator's note. 
 Rule 5.3 is similar to 
 DR 1-102, DR 4-101, DR 7-107, and DR 7-108 as they 
 existed prior to the 1992 repeal and reenactment of the Code of 
 Professional Responsibility. 
 Relevant cases construing 
 DR 1-102 have been included under Rule 3.1, cases construing DR 4-101 have been 
 included under Rule 1.6, cases construing DR 7-107 have been included under 
 Rule 3.3, and cases construing DR 7-108 have been included under Rule 5.5.