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Responsibilities of a supervised lawyer, C3S12 CPRA

Section 12, Canon III

SECTION 12. Responsibilities of a supervised lawyer. – A supervised lawyer acting under the direction of the supervising lawyer, managing partner, or other partners of the firm is nevertheless bound by the CPRA. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Responsibilities of a supervised lawyer

Supervised lawyers – refer to those “acting under the direction of the supervising lawyer, managing partner, or other partners of the firm.” (CPRA, Section 12, Canon III)

Under this section, supervised lawyers are “bound by the CPRA.”

While they may be acting for an on behalf of supervising lawyers or law firm partners, supervised lawyers are equally responsible and accountable under the CPRA for their acts or omissions, as well as negligence.

Thus, supervised lawyers cannot justify their CPRA violations or infractions on the ground that they were simply following orders or instructions of their supervising lawyers or law firm partners. Neither can supervising lawyers claim that they were under duress or subject to intimidation or undue influence, such as being threatened with their employment or career advancement.

If these instructions or orders will result in CPRA violations, supervising lawyers may refuse to comply or advise their supervising lawyers or law firm partners of the potential CPRA violations.

References

Canon III, 2023 Code of Professional Responsibility

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