Re: Head or Director of In house Legal Dept.?

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On 10/22/07, Just Wondering wrote:
> Just wondering what your opinions are in reference to
> this, can a non-lawyer be the director or department head
> of a legal division/dept. of a business, organization or
> corporation?
>
> A dept. head doesn't necessarilly have to represent the
> business in court. Though some state law make provisions
> for company officers of designated employees to represent
> a corporation in legal proceedings.
>
> Could this non-lawyer possibly be the holder of an
> Executive JD or maybe no JD at all. Does any body here
> know?

Only as a ceremonial figurehead. A non-lawyer may not
occupy any position where he/she would be in a position to
influence the professional judgment of a lawyer. A CEO or
executive of a corporation may hire/fire a company lawyer or
direct a lawyer to provide legal advice on a topic but just
like any client the executive must either take the advice or
not. A non-lawyer can not manage the professional conduct
or responsibilities of a lawyer. See in particular rule 5.4
(d)(3)of the MRPC below:
***********
Model Rules of Professional Conduct
Law Firms And Associations
Rule 5.4 Professional Independence Of A Lawyer

(d) A lawyer shall not practice with or in the form of a
professional corporation or association authorized to
practice law for a profit, if:

(1) a nonlawyer owns any interest therein, except that a
fiduciary representative of the estate of a lawyer may hold
the stock or interest of the lawyer for a reasonable time
during administration;

(2) a nonlawyer is a corporate director or officer thereof
or occupies the position of similar responsibility in any
form of association other than a corporation ; or

(3) a nonlawyer has the right to direct or control the
professional judgment of a lawyer.