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What about law firms with a single lawyer and the rest associates. Nobody reports anything. Lawyers round billing, type 5 words per minute, templatize their documents but charge as if writing from scratch, and play the system in many ways, double bill for multitasking status hearings, and so on. I would be more than happy to pay the billing rate if they actually worked those hours.


What do you mean by associates? Do you mean non-lawyers engaging in document preparation? If so, they might be criminally liable for the unlicensed practice of law. If they're also licensed attorneys, then again, you're paying for the firm's time, not a single lawyer's time. If a partner tells an associate to do something against the rules (i.e., superior tells subordinate to act illegally), "the subordinate is bound by the Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person." (Rule 5.2(a)). The only exception is if it's an "arguable" question and the superior's instructions were reasonable in light of this.

For non-lawyer assistants, (see Rule 5.3), the lawyer must make reasonable efforts to ensure that the non-lawyer's work complies with the professional obligations of the lawyer. This mostly applies to cases when a non-lawyer assistant is sorting through documents and accidentally loses one that's later found by the media. Again, if they're doing anything that's the practice of law, they're committing a crime. The subordinate would be criminally liable, and the supervising lawyer would be professionally liable under Rule 5.3.


Associates are lawyers. The difference between an associate and a partner is the same as the difference between an employee and a founder in a startup: the employee gets paid a salary, the founder might get a salary but primarily draws his income from the success of the business.

Paralegals and office staff are not lawyers. Paralegals are allowed, by law, to draft legal documents. However, they cannot offer legal advice, and any documents they draft must be reviewed by a practicing lawyer.




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