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Responsibility over a subordinate lawyer, paralegal, or employee, C3S10 CPRA

Section 10, Canon III SECTION 10. Responsibility over a subordinate lawyer, paralegal, or employee. - A lawyer or law firm shall be responsible for the mistakes, negligence, and/or acts or omissions of a subordinate lawyer, paralegal, or employee under the lawyer's direct supervision and control, who is acting within the scope of the assigned tasks, that cause damage or injury which brings dishonor to the profession or violates the rule on confidentiality. However, such liability of the supervising lawyer does not attach upon proof of exercise of diligence of a good parent of a family in the selection and supervision of subordinate lawyer, paralegal, or employee. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Responsibility over a subordinate lawyer, paralegal, or employee a. Command responsibility Under this section, lawyers or law firms are “responsible for the mistakes, negligence, and/or acts or omissions of a subordinate lawyer, paralegal, or employee under the lawyer's direct supervision and control, who is acting within the scope of the assigned tasks, that cause damage or injury which brings dishonor to the profession or violates the rule on confidentiality.” [L]awyers are administratively liable for the conduct of their employees in failing to timely file pleadings. (Solatan v. Inocentes, A.C. No. 6504, August 9, 2005, Per Tinga, J.) A responsible lawyer is expected to supervise the work in his office with respect to all the pleadings to be ...

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