Skip to main content

Cal. Rules of Prof. Conduct, rule 5.3 · Chapter 5. Law Firms and Associations

Responsibilities Regarding Nonlawyer Assistants

Verbatim from the official edition

Text — 2026 edition, as the State Bar of California publishes it (read October 22, 2026)

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

(a) a lawyer who individually or together with other lawyers possesses managerial authority in a law firm,* shall make reasonable* efforts to ensure that the firm* has in effect measures giving reasonable* assurance that the nonlawyer’s conduct is compatible with the professional obligations of the lawyer;

(b) a lawyer having direct supervisory authority over the nonlawyer, whether or not an employee of the same law firm,* 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 these rules or the State Bar Act if engaged in by a lawyer if:

(1) the lawyer orders or, with knowledge of the relevant facts and of the specific conduct, ratifies the conduct involved; or

(2) the lawyer, individually or together with other lawyers, possesses managerial authority in the law firm* in which the person* is employed, or has direct supervisory authority over the person,* whether or not an employee of the same law firm,* and knows* of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable* remedial action.

Notes and commentary — not rule text

Comment

Lawyers often utilize nonlawyer personnel, including secretaries, investigators, law student interns, and paraprofessionals. Such assistants, whether employees or independent contractors, act for the lawyer in rendition of the lawyer’s professional services. A lawyer must give such assistants appropriate instruction and supervision concerning all ethical aspects of their employment. The measures employed in instructing and supervising nonlawyers should take account of the fact that they might not have legal training.

Source of truth

Edition
2026 edition, as the State Bar of California publishes it (read October 22, 2026)
Official file
https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct.pdf (PDF pages 56–57)
Text hash
sha256 5e51ef8762d049b359253e84e91908e1745c1633c62349a88df1d8e9d4099a67
Composed by
rpc/build 2026-10-22: the State Bar's 2026 PDF (pages 12-71) read by two readers, PyMuPDF glyph positions and pdfminer with the PDF's tagged structure, agreeing on 834 of 843 paragraphs character for character, the other nine (paragraph boundaries only) resolved against the rendered page; 205,485 printed glyphs accounted for; the State Bar's chapter pages a third reading

Cited by 6 provisions

Provisions in this library whose text cites Cal. Rules of Prof. Conduct, rule 5.3. Each shows the citation as that text prints it.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.