Written by attorneys · grounded in primary & secondary sources — see below
The condition of being accountable for conduct or having a duty with respect to a matter or person. Accountability arises when a court or rule imposes sanctions, duties, or liability on an actor for its own acts or those of another within the scope of a relationship.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
How it applies
Common Examples
6
Law Firm Joint Responsibility
Associate Rivera filed a pleading containing denials of factual contentions that lacked evidentiary support. After notice, the court found a Rule 11 violation. The court imposed sanctions on Rivera and held the firm jointly responsible because the associate was acting within the firm's employment.
Fee Division Between Lawyers
Lawyer Ramos referred a personal-injury matter to Lawyer Rao in another firm. Rao performed most of the work but Ramos agreed to assume joint responsibility for the representation. The client consented in writing and the total fee remained reasonable, so the lawyers divided the fee in proportion to services performed.
Res Ipsa Loquitur Inference
Patient Rahman suffered injury during surgery at Riverside Healthcare. Expert testimony eliminated other responsible causes such as the patient's own conduct or third-party actions. The court permitted the jury to infer that the hospital's negligence caused the harm because the event ordinarily does not occur without negligence.
Unmarried Father's Parental Rights
Biological father Reyes never lived with his newborn child, never visited, never paid support, and never admitted paternity. When the mother consented to adoption, the court held that Reyes lacked the manifestations of parental responsibility required to veto the adoption.
Subagent Accountability
Agent Ramirez appointed subagent Redline Automotive to perform functions for principal Royal Crest Hotels. Ramirez agreed with the principal to be primarily responsible for the subagent's conduct, so Ramirez remained accountable even though Redline performed the day-to-day tasks.
Receiver Rights And Duties
Senior and junior mortgagees of Rhapsody Entertainment property jointly sought appointment of a single receiver. They agreed on disposition of rental income and the receiver's rights and responsibilities. The court enforced that agreement as controlling the receiver's authority.
Common questions
Frequently Asked
6
When is a law firm jointly responsible for a Rule 11 violation committed by an associate?+
A law firm is jointly responsible absent exceptional circumstances when the violation is committed by its partner, associate, or employee. The court must first give notice and an opportunity to respond before imposing sanctions on the firm or the individual.
Supporting sources
What must occur for lawyers in different firms to divide a fee?+
Each lawyer must either perform services in proportion to the division or assume joint responsibility for the representation. The client must agree in writing to the arrangement and the total fee must remain reasonable.
How does a plaintiff eliminate other responsible causes in a res ipsa loquitur case?+
The plaintiff must present evidence showing that the conduct of the plaintiff and third persons did not cause the harm. Once other causes are sufficiently eliminated, the jury may infer that the defendant's negligence caused the injury.
Supporting sources
What actions demonstrate parental responsibility sufficient for an unmarried father to veto an adoption?+
The father must show actual manifestations such as living with and caring for the child, visiting regularly, admitting paternity, paying support, and demonstrating willingness to assume custody rather than merely blocking adoption.
Supporting sources
Who bears primary responsibility for a subagent's conduct?+
The agent who appointed the subagent remains primarily responsible to the principal for the subagent's conduct even though the subagent performs functions for the principal.
Supporting sources
When does an agreement among mortgagees control a receiver's rights and responsibilities?+
When multiple mortgagees jointly seek a single receivership and agree on matters such as disposition of rental income and the receiver's rights and responsibilities, that agreement controls the receiver's authority.
Supporting sources
, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later…
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