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Rule 5.2. Responsibilities of a subordinatelicensed paralegal practitioner.

(a) A licensed paralegalpractitioner is bound by the Licensed Paralegal Practitioner Rules ofProfessional Conduct notwithstanding that the licensed paralegal practitioneracted at the direction of another person.

(b) A subordinatelicensed paralegal practitioner does not violate the Licensed ParalegalPractitioner Rules of Professional Conduct if that licensed paralegalpractitioner acts in accordance with a supervisory lawyer or licensed paralegalpractitioner?s reasonable resolution of a question of professional duty.

 

Comment

[1] Although a licensedparalegal practitioner is not relieved of responsibility for a violation by thefact that the licensed paralegal practitioner acted at the direction of asupervisor, that fact may be relevant in determining whether a licensedparalegal practitioner had the knowledge required to render conduct a violationof the Rules. For example, if a subordinate filed a frivolous pleading at the directionof a supervisor, the subordinate would not be guilty of a professionalviolation unless the subordinate knew of the document's frivolous character.

[2] When licensed paralegal practitionersin a supervisor-subordinate relationship encounter a matter involvingprofessional judgment as to ethical duty, the supervisor may assumeresponsibility for making the judgment. Otherwise a consistent course of actionor position could not be taken. If the question can reasonably be answered onlyone way, the duty of both licensed paralegal practitioners is clear and theyare equally responsible for fulfilling it. If the question is reasonablyarguable, someone has to decide upon the course of action. That authorityordinarily reposes in the supervisor, and a subordinate may be guidedaccordingly. For example, if a question arises whether the interests of two clients conflict under Rule 1.7, the supervisor's reasonableresolution of the question should protect the subordinate professionally if theresolution is subsequently challenged.

 

Effective November 1, 2018