Attorney’s Obligation

All attorneys have a professional and ethical obligation to act responsibly and observe the
practice’s Code of Conduct when supervising other lawyers, in their capacity as subordinates,
and when handling fees deposited by non-clients. In most instances, these ethical codes conform
to biblical principles. This discussion provides three examples of the attorney’s obligations
mentioned above and relevant biblical principles.
Firstly, when supervising other attorneys, supervisory attorneys must take reasonable
efforts/steps to ensure the conduct of their juniors conforms to or follows the Codes/Rules
governing Professional Conduct (Model Rule 5.1). The supervisory lawyer will be held liable for
their supervisee’s discretion and violation of the law. For example, the supervisory attorney must
ensure that their supervisees (other attorneys) use legal procedures for legitimate purposes only
and not to intimidate or harass others or their clients. Alternatively, the supervisory lawyer must
ensure their juniors observe all the rules stipulated by the Code, including upholding the
confidentiality of the information disclosed by the clients. If such disputes occur, the supervisory
lawyer should take responsibility.
This duty of attorneys in serving others legitimately without harassment conforms to
Jesus’ leadership principle of “service to others” or “stewardship.” Leaders are not to overpower
and oppress others with their influence or authority. In Philippians 2: 6-8, Jesus did not regard
Himself equal to God but “emptied Himself, taking the form of a bondservant” (Bible.com, n.d.).
Alternatively, rule 5.1 can be likened to the twin principles of personal accountability and
responsibility, which also relate to the virtue of “stewardship.” Supervisory attorneys can be
compared to the wealthy man’s unfair steward or servant in Luke 16. The steward is ordered by
his master to give a detailed account of his stewardship, for he can no longer serve him. Jesus

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discusses the ‘wise and faithful servant, whom his master will elevate to the ruler of his home
(Gantt, Oates, & Menefee, 2007).
Secondly, attorneys also hold a substantial obligation as subordinates. Model Code 5.2
states that attorneys are bound to the “Model” guidelines even when acting under the instruction
of another individual. However, the Rule states that a subordinate attorney does not infringe or
breach the “Model Rules” when following a supervisory lawyer’s “reasonable resolution” when
executing their duties. Like Rules 5.3 and 5.1, responsibility and accountability are the
fundamental virtues and principles applicable to Rule 5.2 (subordinate attorney’s responsibility).
However, the Rule requires subordinate attorneys to use “discretion” to judge the directions
given by their supervisors, ensuring that it is “reasonable.”
The subordinate lawyer’s responsibility and accountability, as stated in Rule 5.2, can be
equated to Paul’s advice to bondservants in Ephesians 6: 5-9. Paul requests “bondservants to be
obedient to those who are their masters according to the flesh, with fear and trembling, in the
sincerity of heart, as to Christ” (Gantt, Oates, & Menefee, 2007). In this text, Paul encourages
Christians to obey the legitimate instructions of those in authority. However, he suggests that
Christians possess the implicit responsibility to rebuke ungodly dictates from their superiors.
Similarly, lawyers must judge their supervisory lawyers’ professional duties or instructions,
ensuring they are “reasonable.”
Finally, attorneys have a noteworthy ethical and professional responsibility when non-
clients are depositing fees. Rule 1.5 warns lawyers against making agreements for, charging, or
collecting “unreasonable” fees. Additionally, the Rule requires attorneys to communicate to their
clients the foundation or grounds of the fees they charge. Biblically, this Rule relates to
trustworthiness, integrity, honesty, and reasonableness principles. In the Old Testament, the

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Bible instructs people not to employ “dishonest” standards or scales in their transactions.
Proverbs 11:1 says, “Dishonest scales are an abomination to the Lord, but a just weight is His
delight.”

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References

Bible.com. (n.d.). Philippians 2:6-8. https://www.bible.com/bible/compare/PHP.2.6-8
Gantt, L. O. N., Oates, C. H., & Menefee, S. P. (2007). Professional responsibility and the
Christian attorney: Comparing the ABA model rules of professional conduct and Biblical
virtues. Law Review, 19(1), 1-92.