On June 7, 2023 the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 506, addressing the interaction between lawyers and their non-lawyer assistants during the intake process. Essentially, the opinion does not say anything particularly new, but it does a service in reminding lawyers of existing obligations and the “traps for the unwary.”

“Non-lawyers” includes paralegals and legal assistants, but the term does not include persons licensed in their particular jurisdiction to provide certain legal services under the supervision of a licensed lawyer. The opinion is couched in terms of Model Rule 5.5 (on which New Jersey’s RPC 5.5 is based) that precludes aiding and abetting the unauthorized practice of law, and notes the obligations under Model Rule 5.3 (RPC 5.3) that the lawyer’s supervision encompasses reasonable efforts to ensure that the non-lawyer’s conduct is compatible with the obligations of the lawyer, and that reasonable remedial actions are employed to mitigate or avoid improper conduct.

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