Lawyers who know of specific unethical conduct by employees, and either directed the conduct, ratified it, or failed to take reasonable remedial measures after the fact, violate the ABA Model Rules of Professional Conduct, the ABA said in a formal opinion released Wednesday.
The ABA’s standing committee on ethics and professional responsibility issued the opinion to clarify the scope of multiple rules related to solicitation, including parts of Rule 5.3, Rule 7.3, and Rule 8.4 that were amended in 2018.
The opinion examines various solicitation scenarios that may involve employees and agents of lawyers, and it provides guidance for attorneys ...
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