What are the ethical responsibilities of a lawyer who employs a paralegal?
The lawyer is ultimately responsible for the work product and ethical conduct of a paralegal. Paralegals are not subject to professional discipline. The lawyer must give ethical guidance and direction to the paralegal. The supervising attorney must ensure that the paralegal’s work product and conduct comply with the Rules of Professional Conduct and these Guidelines. The attorney should: (a) develop policies regarding the delegation and supervision of the work product and conduct of the paralegal; (b) communicate the policy to the paralegal; (c) enforce the policy; and (d) have a system of review and feedback to ensure the policy is being followed. If a paralegal’s activities violate the Rules of Professional Conduct, is the paralegal’s employer at fault? Yes. The lawyer employer is responsible for the paralegal’s direction and ethical guidance. The supervisory measures that the lawyer applies should take account of the fact that paralegals are not subject to professional discipline. T
