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Ethics/Professional Responsibility

Sep. 27, 2014

Ethical supervision: all in a day's work

While it is perfectly acceptable for us to rely on others to help manage our work and our practices, our duties of competence require us to adequately supervise those playing a supporting role.

Alison Buchanan

Shareholder
Hoge Fenton Jones & Appel

60 S Market St Ste 1400
San Jose , CA 95113-2396

Phone: (408) 287-9501

Fax: (408) 287-2583

Email: alison.buchanan@hogefenton.com

Illinois IT Chicago-Kent College of Law

Alison's practice focuses on business litigation and professional liability. Alison is a certified specialist in legal malpractice law and recently completed a three-year term serving as a member of the State Bar's Standing Committee on Professional Responsibility and Conduct.

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California Rule of Professional Conduct 3-110, Failing to Act Competently, requires an attorney to perform legal services competently, which "applies to diligence, learning and skill, and mental, emotional and physical ability reasonably necessary for the performance of such service." Although not specifically mentioned in Rule 3-110, myriad established case law tells us that an attorney's duty to act competently includes the duty to supervise the work of subordinate attorneys and nonatt...

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