Supervisor Liability: When Can Managers and Supervisors Be Held Liable?



Lawyers are responsible for being familiar with and following the Model Rules of Professional Conduct, as adopted and in force in their jurisdiction. These duties include, but are not limited, to the duty of competence, including understanding technology, and keeping client communications confidential.

In addition to responsibility for her own conduct, a lawyer is ultimately responsible for the work product of, and ethical conduct, of all subordinates whom the lawyer employs, including paralegals and associates.

Join Daniel Cotter as he covers what lawyers need to know about their general obligations under the RPCS, and their responsibilities as a supervisory lawyer, a subordinate lawyer, and nonlawyer assistance.

Key topics to be discussed:

•   Duties of Competence and Confidentiality
•   Rule 5.1 and the responsibilities of the supervisory lawyer
•   Rule 5.2 and the responsibilities of the subordinate lawyer
•   Rule 5.3 and the nonlawyer assistant

Date / Time: January 22, 2020

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: September 11, 2019

Daniel Cotter, Esq. is a partner with Howard & Howard in Chicago, IL. Before returning to private practice in 2015, Dan served as the general counsel, vice president & secretary of Fidelity Life Association, a large insurance company based on Chicago. Dan has spent nearly 25 years of his legal career working with the insurance industry, where he has extensive experience handling transactional work, general regulatory and government relationships in multiple jurisdictions, and litigation and oversight, as well as privacy.

In addition to his extensive litigation, regulatory and transactional experience in the insurance industry, Dan’s practice has included work for a broad range of clients in the areas of corporate law, including mergers and acquisitions, corporate organizations, reorganizations, dissolutions and redomestications, corporate governance and compliance and cybersecurity and privacy issues. In addition, Dan has handled a wide array of commercial litigation cases, including insurance defense, complex business disputes and employment matters.

In his in-house and law firm roles, Dan has been a supervisory lawyer, a subordinate lawyer and, prior to law school, served as a paralegal and extern in his last year of law school, and is familiar with the various roles and responsibilities.

Dan successfully completed the CPA Examination in 1989, and worked as an accountant for 5.5 years, the last three while attending law school at night. He taught a course, Accounting for Lawyers, for several years at The John Marshall Law School.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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    Live Video Broadcasts

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    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, SC, and LA]

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Tablesetting: The roles and duties of the attorney under the RPCs, including technology

Section II. Rules 1.1, 1.6, 1.7, 1.8 and 1.15

Section III. Supervisory Role and the relationship

Section IV. Ultimate responsibility for ensuring the compliance with the RPCs

Section V. Rule 5.1 and some examples

Section VI. Rule 5.2 and some examples

Section VII. Rule 5.3 and some examples

Section VIII. Some thoughts for the in-house lawyer