Written by attorneys · grounded in primary & secondary sources — see below
An association of lawyers who practice law together, usually sharing clients and profits, in a business organized traditionally as a partnership but often today as a professional corporation or limited-liability company. Partners supervise associates and bear responsibility for firm conduct under applicable rules.
Sources & Authorities
How it applies
Common Examples
6
Joint Sanction for Partner Filing
Lucas Lee, a partner at a mid-sized firm, filed a complaint containing denials unsupported by any evidence. After notice and a hearing, the court found a Rule 11 violation. The court sanctioned both Lee and the firm jointly because the firm bore responsibility for its partner's conduct absent exceptional circumstances.
Retirement Plan for Nonlawyers
Lamar Lewis, managing partner at Lexicon law firm, approved a profit-sharing retirement plan for the firm's nonlawyer staff. The plan calculated annual payments from firm profitability including contingency fees. The arrangement complied with professional conduct rules because it fell within the permitted exception for employee retirement plans.
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Practice Essays5
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Cases
Statutes
Federal Rules
Model Codes
Course Outlines
Dictionaries
Concurrent Adverse Representation
Lily Lopez's firm represented Lotus Pharmaceuticals in a merger negotiation while another office sought to sue the same company on behalf of a former employee. The matters were unrelated and handled by different lawyers. The firm could not proceed without informed consent from both clients because the direct adversity created a per se conflict.
Profit-Based Retirement Payments
Landon Long, a partner at Linden law firm, included nonlawyer employees in a compensation plan tied to firm profits. The plan provided retirement benefits calculated from overall performance. The firm avoided discipline because the rules expressly permit such profit-sharing arrangements for nonlawyer staff.
Self-Defense Use of Client Files
Lila Lin's former client sued her firm for overbilling and malpractice. The firm produced its case file containing client communications to defend the claims. The self-defense exception allowed the firm to use the materials because the client placed the representation at issue.
Political Contribution for Engagement
Lorenzo Lugo, a partner at Lighthouse Shipping's outside counsel firm, made a political contribution to a judge's campaign specifically to obtain appointment as special master in a pending case. The contribution triggered discipline because it was made to secure a government legal engagement.
Common questions
Frequently Asked
5
When may a law firm be held jointly responsible for a Rule 11 violation committed by one of its lawyers?+
A court may sanction the firm jointly with the individual lawyer after notice and opportunity to respond. Absent exceptional circumstances the firm must be held responsible for violations by its partners, associates, or employees.
May a law firm include nonlawyer employees in a profit-sharing retirement plan?+
Yes. The rules permit a law firm to include nonlawyer employees in compensation or retirement plans even when payments are based in whole or part on profit sharing.
Does a law firm violate conflict rules by representing one client while suing the same client in an unrelated matter?+
Yes. Simultaneous representation of one client and opposition to that client in another matter creates a per se conflict even when the matters are unrelated and handled by different offices.
When may a law firm use client communications to defend itself against the client's claims?+
The self-defense exception permits the firm to obtain and use necessary client communications and work product when the client alleges overbilling or inadequate representation and thereby places the representation at issue.
What restriction applies when a law firm makes political contributions to obtain government legal work?+
A lawyer or law firm may not make or solicit political contributions for the purpose of obtaining or being considered for a government legal engagement or judicial appointment.
Criminal Law & ProcedureConstitutional protection of accused persons · Fair trial and guilty pleasUBEFoundational