MI · rules

MRPC Rule 5.3

Responsibilities Regarding Nonlawyer Assistants

activein force · 2026-01-01 – presentact-effective-date

With respect to a nonlawyer employed by, retained by, or associated with a lawyer:

(a) a partner in a law firm shall make reasonable efforts to ensure that the firm has in effect

measures giving reasonable assurance that the person’s conduct is compatible with the

professional obligations of the lawyer;

(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable

efforts to ensure that the person’s conduct is compatible with the professional obligations of

the lawyer; and

rules of professional conduct if engaged in by a lawyer if:

(1) the lawyer orders or, with knowledge of the relevant facts and the specific conduct,

ratifies the conduct involved; or

Michigan Rules of Professional Conduct 71 Updated with MSC order(s)

(2) the lawyer is a partner in the law firm in which the person is employed or has direct

supervisory authority over the person and knows of the conduct at a time when its

consequences can be avoided or mitigated but fails to take reasonable remedial action.

Lawyers generally employ assistants in their practice, including secretaries, investigators, law

student interns, and paraprofessionals. Such assistants, whether employees or independent

contractors, act for the lawyer in rendition of the lawyer’s professional services. A lawyer

should give such assistants appropriate instruction and supervision concerning the ethical aspects

of their employment, particularly regarding the obligation not to disclose information relating to

representation of the client, and should be responsible for their work product. The measures

employed in supervising nonlawyers should take account of the fact that they do not have legal

training and are not subject to professional discipline.

As does Rule 3.8, this rule may in certain situations impose on a prosecutor an obligation to

make reasonable efforts to assure that a defendant’s rights are protected. Of course, not all of the

individuals who might encroach upon those rights are under the control of the prosecutor, but

where this rule applies, the prosecutor must take reasonable and appropriate steps to assure that

the defendant’s rights are protected.

Provenance

Source: www.adbmich.org
Retrieved: 2026-09-30
Edition: 2026-09-29
Content hash: 746e160ac8dd2aaa522665d6d65ceba78dee4c833078261c0f2f36ba696c7e5c

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