you are required to reply to the threads of at least 2 classmates. Each reply must be 200–300 words. Each thread and reply must contain at least 1 citation and biblical integration. Include course materials and presentations. Current APA format must be used.
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Audrey Fish
Jun 11, 2024 at 11:28 AM
Supervising Other Attorneys:
“Under Model Rules 5.1 through 5.3, a lawyer is ethically responsible for those working under her, and any violation by a junior lawyer could, therefore, fall on the responsible senior lawyer.” (Lewinbuk, 2023). These rules dictate that attorneys have an obligation to supervise other attorneys under their authority and ensure that they comply with ethical standards as well as provide competent representation to clients. Additionally, “A lawyer having supervisory authority over another shall make reasonable efforts to ensure that his subordinate conforms to the Rules, and a lawyer shall be responsible for another lawyer’s violation if he orders or ratifies the conduct, or as a partner, or supervisory lawyer, fails to take reasonable remedial action when he knows of the conduct and its consequences could be avoided or mitigated” (Gant, Oates, and Menefee, 2016).
The biblical principle of stewardship applies here. Luke 12:48 says, “From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked” (NIV, 2011). This principle emphasizes the responsibility of those in authority to oversee and guide those under their supervision. The Bible clearly states that those in authority are held to a higher standard, as they are the example for their subordinates., and will answer for their subordinates mistakes.
An example of this rule in action is as follows: suppose a senior attorney is supervising another newer attorney on a case. The senior must ensure that his junior conducts thorough legal research, communicates effectively with clients, and follows all applicable guidelines. If he is struggling with a particular aspect of the case, the senior attorney should provide guidance and support to help him fulfill his duties. If the younger attorney makes a bad call, this decision and its aftereffects fall on the responsibility of the senior attorney.
Attorney’s Obligation as a Subordinate:
Rule 5.2 relates to attorneys who are subordinates, and the fact that they have an obligation to follow the instructions of their supervising attorneys, maintain competence in their legal work, and uphold ethical standards. However, subordinate attorneys must also be able to distinguish a bad call and to choose not to follow a senior attorney who is engaging in dishonest dealings. They must still be responsible for their own misconduct as well, rather than blaming it on their superior. “Just as Christians have the implicit duty to resist ungodly dictates from superiors, so attorneys must judge whether the resolution of a question of professional responsibility by a supervisory attorney is “reasonable. “In asking subordinate attorneys to make this judgment, Rule 5.2 underscores its primary principle that attorneys are responsible for their own misconduct-that it is not an acceptable excuse to say that one was merely acting pursuant to the direction of others. In this provision, the rule relates to the biblical principle of personal responsibility” (Gant, Oats, and Menefee, 2016).
The biblical principles of obedience and diligence are relevant to this rule. Colossians 3:23 says, “Whatever you do, work at it with all your heart, as working for the Lord, not for human masters” (NIV, 2011). This principle highlights the importance of diligence and obedience in fulfilling one’s responsibilities, even when answering to the authority of others.
An example of this rule would be as follows: John is a subordinate to Michelle; John is responsible to diligently follow instructions from Michelle, conduct thorough legal research, and communicate effectively with clients. If John disagrees with a strategy proposed by Michelle, he should respectfully confront Michelle with his concerns, but ultimately, he should defer to Michelle’s decision unless it violates ethical standards or legal obligations.
Obligations When Fees are Being Paid by a Non-Client:
Model rules 5.4 and 5.7 apply to obligations when fees are being paid by a non-client. Attorneys have a duty to ensure that any fees paid by a non-client do not interfere with their duty of loyalty and representation of their client. Additionally, “attorneys who submit to nonlawyers therefore run the risk of compromising their independence and integrity as lawyers and their honesty and loyalty to their clients. Similarly, attorneys who provide law-related services potentially compromise their integrity and honesty unless they either provide Model Rule protections to the recipients of those services or provide those services in settings where the recipients know those protections do not apply” (Gant, Oats, and Menefee, 2016).
The biblical principles of integrity and fairness are applicable here. Proverbs 11:3 says, “The integrity of the upright guides them, but the unfaithful are destroyed by their duplicity” (NIV, 2011). This principle emphasizes the importance of maintaining honesty and fairness in all dealings, especially when conflicts of interest may arise.
An example of this rule in action is as follows: suppose a third party offers to pay an attorney the fees on behalf of their client. The attorney must consider whether accepting payment from a third party would compromise their responsibility and loyalty to their client. They should ensure that the agreement does not create any conflict of interest or sway their decisions regarding their client’s interests. If there’s any doubt, the attorney should decline the offer or seek guidance from the Model rule guidelines or another superior.
References:
Lewinbuk, K. P. (2023). Connecting Ethics and Practice: A Lawyer’s Guide to Professional Responsibility (3rd ed.). Aspen Publishing. https://libertyonline.vitalsource.com/books/9798886142075
Gantt, Larry O. Natt II, Oates, C. H., & Menefee, Samuel Pyeatt. (2006). Professional responsibility and the Christian attorney: comparing the ABA model rules of professional conduct and biblical virtues. Regent University Law Review , 19(1), pgs 64-72
Luke 12:48; Colossians 3:23; Proverbs 11:3, New International Version Bible. (1973/2011). NIV Online. https://biblegateway.com
