Professional Liability Matters

Our prior posts in this three part series have explored the benefits of the law firm structure and the responsibilities of supervising attorneys at a firm. In the conclusion of this series, we turn to another integral part of a law firm’s structure: subordinate attorneys and their duties and responsibilities with regard to taking directives from supervisors when ethical questions are implicated.

Monitoring Matters: In the first portion of this series, we examined how a recent New Jersey case highlighted the benefits of the law firm structure. Next we explore the risks, and responsibilities, of a supervising attorney at a law firm. Often, a good team is the most critical component of producing excellent services. A well-trained, productive, and properly supervised staff is undoubtedly an asset, but delegating to your team can present its own challenges. With this in mind, it is important for any attorney with supervisory capacity to keep a close eye on co-workers for, under the Model Rules of Professional Conduct, the attorney remains liable for the ultimate work product.

There are many benefits to working in a professional firm including the ability to collaborate and seek support from colleagues. Teamwork amongst colleagues may improve efficiency, innovation, flexibility and branding. But, through the doctrine of vicarious liability, a professional may be liable for her colleague’s conduct in certain situations. There are various corporate models intended in part at protecting an individual for corporate (mis)conduct. But these models are not bulletproof. A recent New Jersey decision emphasizes the double-edged nature of practice in a professional corporation in the context of a multi-attorney law firm. In light of this case, we took a closer look at the benefits and risks of attorney partnerships.