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Responsibility of a supervisor lawyer over a supervised lawyer, C3S11 CPRA

Section 11, Canon III SECTION 11. Responsibility of a supervisory lawyer over a supervised lawyer. - A supervisory lawyer shall co-sign a pleading or other submission to any court, tribunal, or other government agency with a supervised lawyer. A supervisory lawyer shall be responsible for a violation of the CPRA by the supervised lawyer in any of the following instances: (a) the supervisory lawyer orders or directs the specific conduct or, with knowledge of the specific conduct, ratifies it; or (b) the supervisory lawyer knows of such conduct at a time when it could be prevented or its consequences avoided or mitigated, but fails to take reasonable remedial action; or (c) the supervisory lawyer should have known of the conduct so that reasonable remedial action could have been taken at a time when the consequences of the conduct could have been avoided or mitigated. A supervisory lawyer is a lawyer having direct supervisory authority over another lawyer, including a supervising lawyer under Rule 138-A of the Rules of Court. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Responsibility of a supervisory lawyer over a supervised lawyer Supervisory lawyer – refers to “a lawyer having direct supervisory authority over another lawyer, including a supervising lawyer under Rule 138-A of the Rules of Court.” (CPRA, Section 11, Canon III) Under this section, supervisory lawyers are required to “co-sign a pleading or other submission to any court, tribunal, or ...

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