10/04/2004
Attorney Suspended for 30 Days for Failure to Supervise Associate
In re Cohen, 847 A.2d 1162 (DCCA, 2004)
Brief Summary
Lawyers in supervisory roles must take steps to ensure that their subordinates are complying with the Rules of Professional Conduct, including the rule requiring that cases be handled in a competent manner. They are also required to know how their associates are handling cases. As the court stated in this case, supervisory lawyers are not allowed to use "the ostrich-like excuse of saying, in effect, 'I didn't know and didn't want to know.'" 847 A.2d at 1166. On the other hand, it must be noted that the law firm in this case apparently had no ethical compliance or training systems in place. The case thus does not tell us how good a compliance or training system must be in order to be considered good enough.
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