TBA Law Blog

Posted by: Stacey Shrader Joslin on Sep 8, 2014

The ABA Standing Committee on Ethics and Professional Responsibility today released Formal Opinion 467, which deals with the managerial and supervisory obligations of prosecutors under Model Ethics Rules 5.1 and 5.3. The opinion finds that (1) prosecutors with managerial authority must adopt reasonable policies and procedures to ensure all lawyers and non-lawyers in their office conform to model rules, (2) prosecutors with direct supervisory authority must make reasonable efforts to ensure all lawyers and non-lawyers they supervise conform to the rules, and (3) prosecutors with both managerial and supervisory authority may be required to fulfill both sets of obligations.