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.