ORPC 5.3 Responsibilities Regarding Nonlawyer Assistants
E810472
ORPC 5.3 Responsibilities Regarding Nonlawyer Assistants is a provision of the Oregon Rules of Professional Conduct that governs a lawyer’s duties to supervise and ensure the ethical conduct of nonlawyer staff and assistants involved in providing legal services.
Statements (45)
| Predicate | Object |
|---|---|
| instanceOf |
Oregon legal ethics rule
ⓘ
rule of professional conduct ⓘ |
| addresses |
training of nonlawyer assistants in ethics and confidentiality
ⓘ
vicarious responsibility of lawyers for nonlawyer misconduct ⓘ |
| aimsToPrevent | ethical violations by nonlawyer staff ⓘ |
| aimsToProtect |
clients receiving legal services
ⓘ
confidentiality of client information ⓘ |
| appliesIn |
government law offices
ⓘ
in-house legal departments ⓘ law firms ⓘ legal aid organizations ⓘ |
| appliesTo | lawyers licensed in Oregon ⓘ |
| basisFor | disciplinary responsibility of a lawyer for certain acts of nonlawyer assistants ⓘ |
| concerns |
delegation of tasks to nonlawyers
ⓘ
ethical responsibilities of lawyers for acts of nonlawyer assistants ⓘ responsibility for nonlawyer conduct that would violate the rules if engaged in by a lawyer ⓘ |
| covers |
investigators
ⓘ
law firm administrative staff involved in client matters ⓘ legal secretaries ⓘ outsourced nonlawyer services used by a lawyer ⓘ paralegals ⓘ |
| enforcedBy | Oregon State Bar disciplinary system ⓘ |
| governs |
conduct of nonlawyer assistants when they are directed by a lawyer
ⓘ
lawyer’s use of nonlawyer assistants in client representation ⓘ |
| imposesDutyOn |
lawyers with direct supervisory authority over nonlawyers
ⓘ
lawyers with managerial authority ⓘ partners in a law firm ⓘ |
| influencedBy | ABA Model Rule 5.3 NERFINISHED ⓘ |
| jurisdiction | Oregon NERFINISHED ⓘ |
| legalField |
legal ethics
ⓘ
professional responsibility ⓘ |
| objective | to maintain professional standards in the delivery of legal services involving nonlawyers ⓘ |
| partOf | Oregon Rules of Professional Conduct NERFINISHED ⓘ |
| purpose | to ensure that nonlawyer assistants act in a manner compatible with the professional obligations of the lawyer ⓘ |
| regulates |
supervision of nonlawyer assistants
ⓘ
use of nonlawyer staff in providing legal services ⓘ |
| relatedTo |
ORPC 5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers
ⓘ
ORPC 5.5 Unauthorized Practice of Law ⓘ |
| requires |
establishment of internal policies and procedures for nonlawyer staff
ⓘ
instruction of nonlawyer assistants regarding applicable ethical obligations ⓘ monitoring of nonlawyer assistants’ work ⓘ reasonable efforts to ensure that nonlawyer assistants’ conduct is compatible with the lawyer’s professional obligations ⓘ reasonable measures to ensure that nonlawyer conduct is compatible with the lawyer’s obligations ⓘ supervision of nonlawyer assistants ⓘ |
| source | Oregon State Bar NERFINISHED ⓘ |
Referenced by (1)
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Oregon Rules of Professional Conduct
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ORPC 5.3 Responsibilities Regarding Nonlawyer Assistants
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