3.13 [ABROGATED] Responsibility for Compliance With the Maine Bar Rules

Text of Rule effective until August 1, 2009.

(a) Responsibilities of a Partner or Supervisory Lawyer.

(1) A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Code of Professional Responsibility.

(2) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Code of Professional Responsibility.

(3) A lawyer shall be responsible for another lawyer's violation of the Code of Professional Responsibility if:

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

(ii) the lawyer is a partner in the law firm, in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

(b) Responsibilities of a Subordinate Lawyer.

(1) A lawyer is bound by the Code of Professional Responsibility notwithstanding that the lawyer acted at the direction of another person.

(2) A subordinate lawyer does not violate the Code of Professional Responsibility if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty.

(c) Responsibilities Regarding Non-lawyer Assistants. With respect to a non-lawyer employed or retained by or associated with a lawyer:

(1) A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer;

(2) A lawyer having direct supervisory authority over the non-lawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and

(3) A lawyer shall be responsible for conduct of such a person that would be a violation of the Code of Professional Responsibility if engaged in by a lawyer if:

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

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