If a provision of the Rules of Professional Conduct is violated by an assistant, who faces discipline?

The supervising attorney is primarily responsible for the actions of their assistants under the Rules of Professional Conduct. This accountability is rooted in the ethical obligation of attorneys to ensure that their subordinates adhere to the same standards of professionalism and integrity that govern practice. When an assistant violates these rules, it reflects not only on the assistant but also on the supervising attorney, who is expected to provide guidance, oversight, and appropriate instruction to their staff.

In a legal setting, the supervising attorney's responsibilities include training and supervising their staff sufficiently to prevent violations, suggesting that if a violation occurs, it could indicate a failure in that oversight. Thus, the supervising attorney may face disciplinary action as a result. The assistant may also face consequences for their actions, but the attorney holds a greater responsibility concerning the ethical conduct of their team.

Other options imply possible scenarios, such as the assistant facing discipline alone or only facing consequences if the violation is unintentional, but they do not align fully with the overarching responsibility of the supervising attorney in ensuring compliance with professional conduct.