Question
Ava Clay was employed as a legal assistant by the law firm of Lansing and Davis. Ms. Clay had a friend, Maxie Jones, who wanted
Ava Clay was employed as a legal assistant by the law firm of Lansing and Davis. Ms. Clay had a friend, Maxie Jones, who wanted to divorce her husband, Nathan Jones. Ms. Jones, however, did not feel she could afford to hire an attorney. Knowing that Ms. Clay's law firm did divorce work, she asked Ms. Clay for assistance in filing her divorce suit. Ms. Clay explained to her friend that she was not a lawyer and could not represent her. However, Ms. Clay did agree to copy certain forms in her employer's office and provide them to Ms. Jones so Ms. Jones could fill them out and file them pro se with the appropriate court. Ms. Clay proceeded to do this without the knowledge of her employer. She provided the papers to Ms. Jones and explained to her how to fill them out and that was the extent of the assistance she rendered to her friend. However, to her surprise, Nathan Jones retained Lansing and Davis to represent him in the divorce action filed by Ms. Jones. Ms. Clay did not work on the case and decided to say nothing about her assistance to Ms. Jones. This all came to light in the course of Ms. Jones's discovery deposition. The law firm was fired by Mr. Jones. Ms. Clay was fired by the law firm. An ethical complaint has now been filed against the law firm by Mr. Jones. Ms. Clay has filed for unemployment compensation which is being opposed by the firm on the grounds that she was fired for cause.
Please address the following question:
- Can the law firm be held responsible for any ethical violation or liable for any tortious conduct committed by Ms. Clay in this matter?
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