Professionalism and Attorney Supervision
Professionalism questions test the lawyer's duty to supervise, the firm's systems, and the standards of civility that apply to everyone in the office. The exam expects you to know that a paralegal's conduct is the lawyer's responsibility.
Supervision duties
RPC 5.1 requires partners and managers to make reasonable efforts to ensure the firm has measures giving reasonable assurance that all lawyers conform to the Rules of Professional Conduct. RPC 5.3 applies the same idea to nonlawyer assistants. Practical measures include written procedures, conflicts checks, confidentiality training, docketing and calendaring, review of outgoing documents, and clear limits on who may sign what.
Professionalism
New Jersey's professionalism standards emphasize candor to the court, respect for opposing counsel, and avoidance of frivolous positions. A Lawyer's Creed and the Principles of Professionalism are widely used in New Jersey practice. Civility is not weakness; it is expected.
Worked example
A paralegal receives an oral instruction to file a motion but does not calendar the deadline. The motion is late. The supervising attorney is responsible under RPC 5.3, and the firm's lack of a docketing system is a management failure under RPC 5.1. The fix is a written calendaring procedure with confirmation and backup review.
Traps
'I was just following orders' is not a defense to an ethics violation. Assuming the attorney will remember an oral deadline. Letting a paralegal sign a pleading or discovery response. Failing to train new staff on confidentiality and conflicts. Treating incivility as harmless.