Kelly N. Smith, Assistant Ethics Counsel for the Florida Bar, recently wrote an article re-addressing issues raised by Ethics Opinion 12-2 regarding e-filings. Delegating
The opinion states that lawyers may provide their e-portal login credentials to nonlawyer employees for document submission, so long as the nonlawyer is properly supervised. This opinion compares e-filings to ministerial tasks that were properly delegated.
Smith elaborates on that opinion, stating that based on Florida Rule of Judicial Administration 2.515(a), a lawyer should not allow a nonlawyer to file using the lawyer’s name, unless the lawyer had an opportunity to read and verify that there are good grounds for support. According to the article, failure to do this could invoke Rule 4-3.4(c) of the Rules Regulating the Florida Bar, which deals with disobeying an obligation under the rules of a tribunal.
Additionally, Smith highlights Rule 4-5.2, which indicates that subordinate lawyers must comply with all ethical obligation even if the subordinate is acting at the direction of a supervisor. The author concludes by stating that if lawyers need to be out of the office and are unable to review documents or supervise their paralegal’s use of the e-file portal, they should consider having the cases reassigned during the leave or withdrawing from representation.
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