An attorney is the managing partner at a small law firm. The attorney believes that technology will be increasingly important in
the delivery of affordable legal services and hires a nonlawyer to manage the law office's technology services. This person is given the title of Chief Technology Strategist. The Chief Technology Strategist does not participate in any decisions involving legal judgment. The firm pays the Chief Technology Strategist a fixed salary that is larger than the salaries of some of the associate lawyers and larger than the salaries of all of the other nonlawyer staff. The Chief Technology Strategist is included as a participant in the firm's year-end profit-sharing plan along with the lawyers and other nonlegal staff who work at the firm. Is the attorney subject to discipline?
(A) Yes, because legal fees are used to fund the year-end profit-sharing plan.
(B) Yes, because the Chief Technology Strategist makes more money than some of the lawyers in the law firm.
(C) No, because the Chief Technology Strategist may be included in the firm's year-end profit sharing arrangement.
(D) No, because the attorney reasonably believes that the year-end profit sharing plan is necessary in order to attract top talent and deliver competent services to clients.
No the attorney is not subject to discipline because D) No, because the attorney reasonably believes that the year-end profit sharing plan is necessary in order to attract top talent and deliver competent services to clients.
Explanation:
Without having the best and the brightest there will be no profit to share at the end of the year. So the profit should be shared among all those that contributed no matter how little it is for the success of the cases. And also the profit being shared will serve as a motivation for the strategist to continue giving his best to the firm.
By disseminating, on an anonymous basis, actual legal cases detailing errors that caused avoidable patient injury, healthcare providers and their risk managers will engage in discussions that logically will lead to reduced incidences of similar injuries.
