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

(a) every lawyer or organization authorized by the Court Rules to practice law in this jurisdiction shall adopt and maintain reasonable efforts to ensure that the conduct of nonlawyers retained or employed by the lawyer, law firm or organization 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

(c) a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if

(1) the lawyer orders or ratifies the conduct involved;

(2) the lawyer 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; or

(3) the lawyer has failed to make reasonable investigation of circumstances that would disclose past instances of conduct by the nonlawyer incompatible with the professional obligations of a lawyer, which evidence a propensity for such conduct.

Comment to RPC 5.3

This rule mirrors as to "nonlawyer assistants" the provisions of RPC 5.1.

The Court has added to the Debevoise Committee recommendation subparagraph (c)(3) requiring lawyers to make reasonable inquiry as to whether their nonlawyer employees have by instances of past conduct demonstrated a propensity for conduct incompatible with the lawyer's ethical obligations. Cf. DiCosala v. Kay, 91 N.J. 159, 169 et seq. (1982) (the tort of "negligent hiring"). The Court has also revised paragraph (a) consistent with the recommendations of the NJSBA so as to make the rule applicable to all entities engaged in the practice of law.

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