ABA issues ethics guidance for lawyer’s use of legal assistants
The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion today that provides guidance for how a lawyer might use a legal assistant to perform client intake tasks under ABA Model Rules of Professional Conduct.
Formal Opinion 506 points to Model Rule 5.3, which relates to managing and supervising, and several other model rules, focusing on a lawyer’s responsibility to ensure that any nonlawyer assistance is performed in a way that is “compatible” with a lawyer’s duties. The guidance essentially provides a reminder that while a lawyer can have an assistant perform an array of tasks at client intake, the lawyer should ensure that the prospective client is always offered an opportunity to discuss the fee agreement and scope of representation with the lawyer.
“Trained intake personnel may check for conflicts of interest, collect basic information from prospective plaintiffs or class members for lawyers to ascertain their eligibility to make a claim, and explain how fees and costs are charged in such cases,” the opinion said. Additionally, the opinion noted: If the prospective client meets the eligibility criteria and specifics set forth by the lawyers, “then the intake personnel send the prospective clients the standard fee agreement for consideration.”
Formal Opinion 506 added that while the benefits of using nonlawyer assistants are many, “without proper policies, training and supervision in place, this delegation could lead to ethical violations and unfortunate consequences for clients and lawyers. The practice must be carefully and astutely managed.”
In the context of Model Rule 5.5 on unauthorized practice of law, it also noted that whether a nonlawyer may answer a prospective client’s “specific question” depends on the question presented and what would be considered to be the practice of law in the jurisdiction in which the lawyer practices.
Public speaking for in-house counsel explored June 21
The Association of Corporate Counsel-Michigan Chapter (ACC-MI) will present “Executive Presence and Public Speaking Techniques for In-House Counsel” sponsored by Zausmer on Wednesday, June 21, from 4 to 7:30 p.m. at Franklin Hills Country Club, 31675 Inkster Road in Franklin.
The program will feature Megan Grano, comedian, writer, public speaking and media training coach, as she presents a highly interactive and entertaining workshop to upskill one’s communication style and provide tips and techniques for sounding confident while speaking and getting to “yes.”
This event is exclusive to in-house counsel. To register, visit www.acc.com/chapters-networks/chapters/michigan and click on “events.”
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