1990 Illinois Rules of Professional Conduct

RULE 5.3   Responsibilities Regarding Nonlawyer Assistants [revisions to 1990 Rule are indicated as follows: text deleted from the 1990 Rule is shown by strikethrough; additions to the 1990 Rule are shown in red]      

With respect to a nonlawyer employed or retained by or associated with a lawyer:

(a)    The lawyer, and, in a law firm, each partner, a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the nonlawyer's person's conduct is compatible with the professional obligations of the lawyer and the firm;

(b)    each a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the nonlawyer's person's conduct is compatible with the professional obligations of the lawyer; and

(c)    a lawyer shall be responsible for a nonlawyer's conduct of such a person that would be a violation of these Rules of Professional Conduct if engaged in by a lawyer if:

(1)   the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or

(2)   the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the nonlawyer person, and knows of the nonlawyer's conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

Adopted February 8, 1990, effective August 1, 1990.