Since the Great Recession, many law practices and their clients have placed a premium on working with experienced lawyers. Unsurprisingly, lateral attorney moves have increased in frequency. But lateral moves among non-attorney staff, including paralegals, executive assistants, and secretaries, have recently increased as well.

Non-attorney staff hiring is not always considered in the context of ethics issues, but it nevertheless involves its own set of challenges. And sometimes, the consequences can be just as serious as when hiring a lateral attorney.

In California, non-attorney employees, such as law clerks, researchers, executive assistants, secretaries, and investigators, are not directly subject to the Rules of Professional Conduct, but hiring them could still impact the attorney's responsibilities to the client. For example, the duty of competence owed by attorneys to their clients under Rule 3-110 includes the duty to supervise the work of non-attorney employees or agents. See California Rules of Professional Conduct, Rule 3-110. Thus, attorneys may be considered accountable for their employees' conduct, especially if such conduct compromises attorney-client confidentiality. See In re Complex Asbestos Litigation, 232 Cal. App. 3d 572, 603 (1991).