Shari Klevens (left) and Alanna Clair, Dentons. (Courtesy photo)

It's that time of year when law students come pouring into law firms' summer associate programs, eager for real-world experience, to see private practice up close and to earn a little money. Many private practice attorneys also enjoy the summer associate period, because they receive additional assistance with case matters from these attorneys-in-training who may eventually shape the firm's future growth. In that way, summer associates provide value to firms.

Other attorneys look forward to their firms' summer associate programs because of the opportunities they present for firms to celebrate the summer associates' arrival with parties or other social events. However, from these summer associate programs can come risks for law firms, from issues related to social gatherings to obligations arising from the work of these relatively inexperienced, soon-to-be lawyers. By managing those risks while supporting their summer associates, law firms can help ensure that everyone has a great summer.

The Duty to Supervise

Most attorneys appreciate that they have a duty to supervise their subordinates under the ethical rules. Although summer associates are training to become lawyers, it is important to remember that they are not yet practicing attorneys admitted to the state bar. Thus, attorneys working with summer associates likely are bound by Rule 5.3 of the Georgia Rules of Professional Conduct, which governs an attorney's obligation to supervise nonlawyers.

Under Rule 5.3, attorneys and firms are generally obligated to take “reasonable efforts to ensure” that the summer associate's conduct is compatible with the supervising attorney's professional obligations. Most firms and attorneys will meet this obligation by supervising their summer associates, providing feedback on their work and, where appropriate, advising the summer associates on any ethical issues tangentially related to the work (such as the ongoing duty of confidentiality, as suggested in comment [1] to Rule 5.3). Some firms will adopt special training designed for summer associates to introduce them to the life of a law firm lawyer that includes not only administrative training but also “real world” guidance.

Just as with any other nonlawyer under an attorney's supervision, a summer associate cannot be ordered to take some unethical act that the attorney is otherwise barred from doing. In fact, per Rule 5.3(c)(2), an attorney can be responsible directly for a summer associate's unethical conduct, if the attorney ordered or ratified the bad conduct or if the attorney learned of the conduct but failed to take reasonable remedial action to mitigate its effect.

Many attorneys will also take steps, though, to ensure that law students are receiving real-world experience in a law firm. The duty to supervise does not typically mean that summer associates cannot take on research or writing projects appropriate for their level. Indeed, most attorneys will find that the summer associates in their firm want to learn about the practice of law and to improve their skills; attorneys can then take care not to ignore the potential ethical risks of a nonlawyer becoming involved in legal representations.

Social Events

Many firms hosting summer associate programs will also host special events to celebrate the summer associates' arrival and to introduce them to their future colleagues throughout the firm. Just as with any other firm-sponsored social event, there can be some risks associated with summer associate celebrations hosted by the firm.

This is not to say that law firms cannot or should not host social events in honor of their summer associates or that firms should not serve alcohol at such events. However, firms can also be aware of the risks of social settings or other networking events that could create discomfort for summer associates or risks for the firm.

According to a recent study from the ABA and the Hazelden Betty Ford Foundation, young attorneys are most at risk for substance abuse. This conclusion sent shockwaves throughout the legal community because, before that study, many had assumed that substance abuse—an epidemic in the legal profession—was a bigger problem for older attorneys. Indeed, the ABA/Hazelden study concluded that a high rate of younger lawyers are so-called problem drinkers.

Thus, although firms do not breach any ethical obligation simply by serving alcoholic refreshments at events, lawyers can take steps at events not to be overserved or to overserve others (and to keep an eye on their colleagues). Some firms may even choose to educate summer associates on the risks of substance abuse for the profession or to make summer associates aware of ABA- and other-sponsored support and help for attorneys dealing with substance abuse.

Separate from the issue of alcohol abuse, there is a risk that an overserved person at a firm-sponsored event could behave inappropriately toward others. Many firms have policies encouraging attendees of firm events not to overindulge and to take public transportation or taxis home from events. Some firms sponsor traditional events, but no longer permit a party to extend over several hours by moving to another location. Indeed, the goal is to avoid a situation where a partner hosts an “after party” at a bar, potentially suggesting by her conduct that the firm approves or sponsors the event, thereby creating potential liability for the firm.

The Importance of Mentoring and Training

Most law firms use summer associate programs to get to know the newest members of the firm—those young attorneys that will hopefully join the firm upon graduation and build a career there. Thus, many firms will use the summer associate program not only to network and get to know the summer associates, but also to begin providing the summer associates with the tools to practice law. This may include mentoring programs, exposing summer associates to different areas of practice, or permitting summer associates to “ride along” on exciting matters.

By being aware of the potential risks for law firms running summer associate programs, law firms can continue to grow their base in a way that builds long-lasting relationships.

Shari L. Klevens is a partner at Dentons US in Atlanta and Washington, D.C., and serves on the firm's U.S. board of directors. She represents and advises lawyers and insurers on complex claims and is co-chair of Dentons' global insurance sector team.

Alanna Clair, also a partner at Dentons US in Washington, focuses on professional liability and insurance defense. Klevens and Clair are co-authors of “The Lawyer's Handbook: Ethics Compliance and Claim Avoidance” and the upcoming 2020 edition of “Georgia Legal Malpractice Law.”