WSBA 1997

Does a lawyer have to supervise volunteer nonlawyers in the office the same way as paid staff?

Short answer: The committee concluded that RPC 5.3 governs the supervision of nonlawyers, including untrained volunteers, and that the fact the assistants are volunteers rather than paid employees makes no difference.

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This page answers the general question as of 1997. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry concerned the ethical responsibilities of a supervising attorney for volunteers who work in a law office and have no legal background or training. The committee concluded that RPC 5.3 governs, and it quoted the rule's provisions on partners' firm-wide measures, a supervising lawyer's duty to make reasonable efforts to ensure the nonlawyer's conduct is compatible with the lawyer's professional obligations, and a lawyer's responsibility for a nonlawyer's conduct that would violate the rules when the lawyer orders or ratifies it or fails to take reasonable remedial action.

The committee stated that the fact these are volunteers rather than paid employees makes no difference.

Currency note

This opinion was issued in 1997, before the Washington State Bar Association'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 Treat this page as historical context, not current guidance.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. Washington's cited rule corresponds to ABA Model Rule 5.3 (responsibilities regarding nonlawyer assistants).

Common questions

Q: Which rule governs supervising nonlawyer office staff?

A: The committee concluded that RPC 5.3 governs the responsibilities of a supervising attorney for nonlawyers.

Q: Does the duty change because the assistants are unpaid volunteers?

A: No. The committee stated that the fact these are volunteers rather than paid employees makes no difference.

Q: What does RPC 5.3 require of the supervising lawyer?

A: As the committee quoted, a lawyer with direct supervisory authority must make reasonable efforts to ensure the nonlawyer's conduct is compatible with the lawyer's professional obligations, and may be responsible for the nonlawyer's violating conduct that the lawyer orders, ratifies, or fails to take reasonable remedial action against.

Background and rules framework

The opinion applied RPC 5.3 (responsibilities regarding nonlawyer assistants, corresponding to ABA Model Rule 5.3) to untrained volunteers in a law office. The committee reproduced the rule's three branches (partner-level measures, direct-supervisor efforts, and lawyer responsibility for a nonlawyer's violating conduct) and concluded that volunteer status does not change their application.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 5.3 (responsibilities regarding nonlawyer assistants); Washington RPC 5.3

Source

Landing page: https://ao.wsba.org/print.aspx?ID=813

Original opinion text

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

Advisory Opinion: 1744
Year Issued: 1997
RPC(s): RPC 5.3
Subject: Nonlawyer assistants; duty to supervise volunteers

Your question regards the ethical responsibilities of a supervising attorney for volunteers who work in a law office. In the situation described, the volunteers have no legal background or training in law.

In answer to your request, the RPC Committee feels RPC 5.3 governs. That section provides: " With respect to a nonlawyer employed or retained by or associated with a lawyer: (a) 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; (b) A lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and (c) A lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if: (1) The lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or (2) The lawyer is a partner in the law firm in which the person is employed or has direct supervisory authority over that person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action."

The fact that these are volunteer versus paid employees makes no difference.

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