Can a supervising attorney at a legal services clinic direct another clinic lawyer's decision about whether to withdraw from a case?

Plain-English summary

An attorney employed by a legal services clinic asked about the propriety of his supervising attorney influencing his professional judgment in deciding whether to withdraw from a case. The committee explained that DR 5-107(B), which provides that a lawyer shall not permit a person who recommends, employs, or pays him to direct or regulate his professional judgment in rendering legal services, refers to a nonlawyer. It does not refer to a senior member of a firm directing a junior member, nor to a supervising attorney in a legal services clinic directing other attorneys employed by the clinic.

The committee added that, while DR 2-103(D)(1) requires a lawyer's independent professional judgment to be exercised on the client's behalf without interference or control, that judgment is necessarily tempered by the fact that the client is a client of the firm or clinic rather than of the individual lawyer. It concluded that if a situation arises in which the individual lawyer cannot in good professional conscience follow the supervising attorney's instructions, his option is to terminate his services with the clinic, and it answered the question in the affirmative.

Currency note

This opinion was issued in the late 1970s, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

The official PDF of this opinion does not carry a printed issuance date; the opinion number places it in the late 1970s.

Common questions

Q: Can a clinic supervisor direct a staff lawyer's decision to withdraw?

A: The opinion concluded it is not improper, because the rule against outside control of professional judgment addresses nonlawyers, not a supervising lawyer.

Q: Does the no-outside-control rule apply to senior lawyers directing junior ones?

A: No. The opinion concluded DR 5-107(B) refers to a nonlawyer and not to a senior firm member directing a junior member or a clinic supervisor directing staff attorneys.

Q: What if the staff lawyer cannot follow the supervisor's instruction in good conscience?

A: The opinion concluded the lawyer's option in that situation is to terminate his services with the clinic.

Background and rules framework

The opinion interprets CPR DR 5-107(B) and DR 2-103(D)(1). The provision barring nonlawyer control of a lawyer's judgment corresponds to Model Rule 5.4(c), and the relationship between supervising and supervised lawyers corresponds to Model Rule 5.1 (Florida Rules 4-5.4 and 4-5.1).

Citations and references

Rules of Professional Conduct:

• CPR DR 5-107(B); DR 2-103(D)(1) (Model Rules 5.1, 5.4(c))

See also

• FL Bar Ethics Op. 92-1: Legal Aid Assisting Opposing Parties
• FL Bar Ethics Op. 88-12: Temporary Lawyer Staffing Agency

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-78-15/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-78-15-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS COUNSEL
OPINION 78-15
Advisory ethics opinions are not binding.
It is not improper for a supervising attorney in a legal service clinic to influence the professional judgment of another attorney in the clinic in determining whether to withdraw from a case.
CPR: DR 2-103(D)(1), DR 5-107(B)
Mr. Corrigan stated the opinion of the committee:
An attorney employed by a legal services clinic inquires about the propriety of his supervisor attorney influencing his professional judgment in determining whether or not to withdraw from a case.
DR 5-107(B), which states that "A lawyer shall not permit a person who recommends, employs, or pays him to render legal services for another to direct or regulate his professional judgment in rendering such legal services," refers to a nonlawyer and not a senior member of a law firm in the direction of a junior member, nor to a supervising attorney in a legal services clinic directing other attorneys employed by the clinic.
While DR 2-103(D)(1) provides that a lawyer's independent professional judgment must be exercised on behalf of his client without interference or control, such professional judgment is necessarily tempered by the fact that the client is a client of the firm or of the legal clinic and not of the individual lawyer. If a situation arises in which, in the individual lawyer's judgment, he cannot, in good professional conscience, follow the instructions of the supervising attorney, then his option is one of terminating his services with the clinic. Accordingly, the Committee answers the question in the affirmative.