Legal Question in Legal Ethics in New York
An associate attorney of a law firm allegedly violated NY Judiciary Law Section 487 (1). Can the law firm be named as defendant as well? Can the law firm be held liable for money damages?
Asked on 9/09/10, 4:51 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Yes. The law firm is the employer for the associate. Therefore, under the respondeat superior doctrine, the employer is responsible for the wrongful act of an employee causing injury to a third person, whether the act was one of negligence or positive misfeasance, provided the employee was at the time acting for the employer, and within the scope of the business entrusted to him or her.
Mike.
Answered on 9/14/10, 7:05 am
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