The ABA model rules state that supervising lawyers are responsible for ensuring that the
attorneys that they supervise adhere to the model rules at all times. All managers or
supervisory attorneys at a firm have to ensure that all of the attorneys working under them or
for them are compliant with the rules as set forth and are competent enough attorneys to
provide comfort and reassurance in the firm’s services to clients (American Bar Association,
2020). For example, a new attorney who makes a vital error under the supervision of an
attorney can’t be excused for the error simply because he is new or was not informed. It was his
supervisor’s responsibility to ensure that he was fully informed and operated fully within the
parameters set forth by the American Bar Association. The primary Biblical principles associated
with maintaining or upholding Rule 5.1 are accountability, stewardship, and responsibility
(Gant,Oates,&Menefe,2006). Proverbs 27:17 says that man sharpens man as iron sharpens iron
(ESV). We are accountable for uplifting, encouraging, and supporting one another.
Rule 5.2 offers insight on the expectations of a subordinate attorney. Subordinate attorneys are
responsible for adhering to ABA model rules, as well. Even if they are advised to do something
by a supervisory attorney, they should still only act in a way that coincides with the
requirements and expectations of the model rules (American Bar Association, 2020). A
subordinate can’t misbehave and then say that they were only acting as they were ordered to
by a supervisor if they knew that what the supervisor asked was outside of the scope of the
rules. If a supervisor tells a subordinate to offer an alibi for a client, knowing the subordinate
and client were not together, and the subordinate does it, it is he who is guilty of a crime, and
he can’t use the fact that he was instructed to get out of it. The same Biblical principles from
above apply here, but also the principle of obedience (Cantt et al., 2006). Hebrews 13:17 says to
obey your leaders and submit to their authority (ESV).
An attorney can decide to accept payment from a third-party who is not his client, but he must
remember who he works for. Often a payor can begin to think that they are as entitled to
information about the case as the client since they are the one paying (Bagger, 2019). But the
attorney’s loyalties lie with the person they are representing (Bagger, 2019). Certain information
cannot be discussed or revealed without the explicit consent of the client, even if the person
asking is the one paying for the attorney’s services. Mark 12:17 reminds us to separate what is
due to whom and only give what is due (ESV). If the payor is not the client the payor is not
privileged to confidential information about the client, the case, or the trial.
References
American Bar Association. (2020). Model rules of professional conduct. Americanbar.org.
https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_pr
ofessional_conduct/model_rules_of_professional_conduct_table_of_contents/
Bagger, P. M. (2019, May 21). When a third party pays the legal fees. Practice Points. Retrieved
from https://www.americanbar.org/groups/litigation/committees/commercial-
business/practice/2019/when-a-third-party-pays-legal-fees/
EnglishStandardVersionBible.(2001).EnglishStandardVersionBible
Online.htps:/www.biblegateway.com/pasage/?search=2+Corinthians+5%3A10&version=ESV
.
)
,
Gant,L.,Oates,C.H.,&Menefe,S.(2006).ProfesionalresponsibilityandtheChristian
atorney:comparingtheabamodelrulesofprofesionalconductandbiblicalvirtuesRegent
UniversityLawReview,19(1 1-94.htps:/heinonline-org.ezproxy.liberty.edu/HOL/Page?
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