Lawyers are skilled advocates trained to handle other people’s problems. When they have problems with their own practices, Janeen is here to help.

Running a law firm, as you know, involves the Nevada Rules of Professional Conduct. This means that law firm owners and managing attorneys carry affirmed duties to supervise the lawyer and non-lawyer staff working under their them.

When supervision fails, managing attorneys could face disciplinary action.

The Duty to Supervise Under Nevada Law

Nevada’s Rules of Professional Conduct are clear:

• RPC 5.1 imposes responsibility upon partners and managing lawyers to ensure that other lawyers in the firm conform to the Rules.

• RPC 5.3 extends that obligation to nonlawyer assistants, including paralegals, legal assistants, intake staff, and administrative personnel.

These rules require more than good intentions. They require that systems are in place and that proactive attention is applied.

Supervision failures often arise from small gaps in oversight that compound over time.

1. Delegating Without Reviewing

Here’s a common example:

• A junior associate drafts a motion.

• A partner signs it without conducting a reasonable review of the contents.

• The draft is filed while containing misstatements or unsupported claims.

• By signing and filing the motion, the partner is now potentially liable for the junior associate’s actions.

2. Paralegals Giving Legal Advice

Of course, non-lawyer staff members cannot legally practice law. Yet in busy firms, intake staff and paralegals sometimes overstep by:

• Interpreting legal rights for potential clients

• Making promises about outcomes

• Negotiating with parties

Without proper supervision, staff may not realize their limitations. Proper supervision can include detailed policies and procedures and training for new staff.

3. Missing Deadlines and Docketing Deadlines

Many disciplinary complaints arise from simple neglect:

• Statutes of limitation run out

• Court deadlines are overlooked

• Discovery responses ignored

The root causes could have occurred due to inadequate calendaring systems or lack of staff oversight in tracking deadlines.

4. Misuse of AI and Technology

With increasing reliance on AI and automation software for drafting, new supervision risks are emerging:

• Filings containing fabricated citations

• Client communications sent without review

• Confidential information improperly uploaded to third-party platforms

Technology should not replace the ethical duty of lawyer supervision.

When Do Managing Attorneys Become Personally Exposed?

Under RPC 5.1(c), a supervising lawyer may be responsible for another lawyer’s violation if they:

• Ordered or ratified the conduct; or

• Knew of the misconduct at a time when its consequences could be avoided or mitigated and failed to act.

Managing attorneys might have had no intent to directly commit violations, yet they failed to implement or maintain adequate oversight.

The bar requires reasonable supervision.

Proactive Protection Is Advisable

Many supervision-based ethics complaints are preventable. They tend to arise from operational blind spots rather than ill intentions.

Reduce your exposure by evaluating:

• The enforcement of written policies

• The supervision systems for junior attorneys

• The adherence of non-lawyer staff to parameters for their positions

• The responsible use of technology

Compliance reviews today prevent disciplinary proceedings tomorrow.

Concerned about your firm’s supervision structure?

Isaacson Law represents Nevada attorneys in ethics matters and bar complaints. We help firm owners assess risk, respond to complaints and investigations, and implement defensible compliance systems before problems escalate.

Contact us for a confidential consultation.

About Janeen V. Isaacson:

Janeen’s background makes her uniquely qualified with assisting attorneys and other professionals in dealing with disciplinary boards, issues involving professional responsibility and liability, and applications for licensing.

She served more than eight years as a prosecutor for the Nevada Office of Bar Counsel. During her tenure she served as Assistant Bar Counsel and Interim Bar Counsel. Prior to joining the State Bar, Janeen was a co-managing partner of a successful civil defense firm. Over the years, she’s litigated many larger complex disciplinary and civil actions.

Her unique skill set gives her the ability to advocate for attorneys and licensed professionals from an insider’s perspective, and her experience in both the disciplinary and civil arenas along with her management experience help her craft practical solutions to ethical dilemmas.

Janeen is available for presentations, seminars, and educational advancement to firms, area-wide community service groups and schools. Contact Janeen at info@isaacsonlawlv.com or call 702.819-7873.