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Total Staff Training in Legal Ethics
Legal ethics training has traditionally focused on attorneys. Law school training and continuing legal education are staples of the professional development require-ments for lawyers. Ethical training must be widened, however, due to tremendous growth in the num-ber of law office support personnel, the complexity of practicing in a multi-jurisdictional environment, and the ever-changing use of technology. Failure to implement an office-wide ethics plan with training for all employees can have practical and financial repercussions for lawyers.
The ABA Model Rules of Pro-fessional Conduct specifically mandate that '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' (Rule 3.5(b)).
Some non-attorney personnel may have had formal ethics training. In particular, graduates of many paralegal training programs have taken courses on legal ethics and understand their re-sponsibilities to attorneys and clients. But many ethically sensitive functions in a law office are performed by staff workers who have not been trained in state bar rules and other guidelines for professional conduct. Bridging this ethical knowledge gap is an important way to avoid potential embarrassment and liability.
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