Big egos abound in the legal profession. No shortage of attorneys will claim to know everything there is to know about a subject. However, lawyers are not superheroes. They have their knowledge limitations. Most attorneys recognize this simple truth. Depending on the case, a lawyer may work closely with an accountant, a medical expert, a social worker, or others in a nonlegal field to provide their clients with the best possible representation.
What happens if a nonlawyer hired by your attorney effectively damages your case? Does your lawyer have any responsibility for the nonlawyer’s actions?
Lawyers and nonlawyers must adhere to ethical standards
Rule 5.3 of The State Bar of California’s Rules of Professional Conduct effectively states that a lawyer is responsible for holding nonlawyers to the ethical standards of the legal profession. This means your lawyer is responsible for the conduct of the nonlawyer.
However, a lawyer is not accountable for every single action of a nonlawyer. Accountability issues are only raised when the nonlawyer’s actions harmed your case, and the lawyer ordered or consented to the unethical conduct. A lawyer may also be accountable if they were aware of unethical behavior on the part of the nonlawyer but took no action to put a stop to the conduct.
When is misconduct considered malpractice?
It’s important to remember that legal malpractice cases are complex. Poor representation or a flub by a nonlawyer may not rise to the level of malpractice. You must have experienced some measurable negative impact to consider filing a malpractice suit. You should discuss your options with a skilled professional to determine the best path forward.