It is often understood that solo practitioners or law firm partners are the decision-makers in their practices, reviewing and resolving conflicts of interest, approving engagement letters or developing fee arrangements for a matter. Sometimes, the duties and obligations of law firm associates can get lost in that discussion.

However, law firm associates share some of the same duties as partners or solo practitioners. There are even rules and duties that are unique to more junior lawyers who are following the directions of others. Like any attorney, an associate typically owes fiduciary duties to clients as well as overarching duties to the legal profession, his or her firm and the public at large.

Here are some tips addressing how law firm associates can be mindful of their unique duties as they navigate the early stages of their careers.

Duties to the Firm

Ask any associate what they owe his or her firm and the first response will likely be “billable hours.” While true, that is only part of the answer. There are a host of other contractual and fiduciary duties that associates may owe to their firm, as well as some practical duties that—even if not legally required—are important not only to the firm’s operation but to the associate’s professional development.

At the outset, it can be helpful for law firm associates to consider whether they owe any contractual duties to their law firms. Not all law firms enter into contractual employment relationships with their associates, but some do—and associates may have obligations to their firm as a result.

Moreover, some obligations may arise from a policy and procedures manual or employee handbook to which the associate agrees to comply.

Recently, two former associates of a North Dakota law firm learned that lesson the hard way. There, the associates’ former law firm sued them for tens of thousands of dollars in salary “overpayment,” alleging that the associates were overpaid in light of the deficits between their projected billable hours and their actual billable hours.

The basis for this recoupment was a very specific, unique provision in the associates’ employment contracts that spelled out that any billable hour deficiency would become a debt owed to the firm. While the result may seem harsh (and a bit unusual), the claims turned on fairly basic principles of contract law. Thus, if an associate has signed an agreement or other acknowledgement with her or his law firm, it is important for the associate to have clarity on what is expected as a result of that contract.

Even in the absence of a formal agreement, however, it is generally understood that associates owe certain duties to their law firm that are implied in law. For example, associates typically owe a duty of loyalty to their firms.

Although associates are generally free to move law firms, law firms could allege that the associate has breached his or her ethical or professional obligations, if the associate competes with the firm or solicits firm clients while still an associate at the firm. Associates also generally have several “practical” duties as part of their employment that are not imposed by law or the rules of professional conduct.

For example, many firms offer opportunities to engage in business development activities such as assisting with client pitches, attending conferences, and participating in speaking engagements. Associates can also play a crucial role in the administrative functions of the firm such as billing and record-keeping.

Actively participating in such activities helps an associate develop business-oriented skills and demonstrates to partners that the associate is a team player and dedicated to the practice. Indeed, many firms consider an associate’s participation in such activities as a factor in determining his or her advancement.

Ethical Duties

Given the power dynamics at play, associates might feel they must simply follow orders and that only partners are responsible for ensuring that matters are handled ethically. However, associates generally are not excused from ethical violations simply because they were following orders.

Notably, Rule 5.2 of the ABA Model Rules of Professional Conduct provides that a subordinate lawyer does not violate the rules if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty. That is, if a subordinate lawyer follows the guidance of a more senior lawyer on an issue that is not fully resolved under the law, the subordinate lawyer has not violated the rules.

But the comment to that rule clarifies that, if the question can reasonably be answered only one way, the duty of both lawyers is clear and they are equally responsible for fulfilling it.

Associates also might assume that more-senior lawyers will catch everything, including potential ethical violations. In fact, associates may be unsure about when they are required to speak up about unethical behavior, or they may be concerned that reporting it could backfire.

Notably, not every state has a mandatory reporting rule when lawyers witness unethical conduct. Many states apply a permissive standard, whereby attorneys are encouraged to report such issues in certain circumstances but are not required to do so.

Even in such situations where reporting feels appropriate, however, there are a number of other considerations, such as whether reporting would result in the disclosure of client confidences and whether the associate’s concerns are valid.

Given these complexities, if associates have concerns about whether they have witnessed unethical conduct, they can consider reporting the issue internally to the firm’s internal risk manager or general counsel. Doing so can help ensure that those communications are protected by privilege, but, moreover, the associate can receive some independent counseling on the matter at hand.

By being mindful of their unique duties owed to their colleagues and clients, law firm associates can take ownership of their careers.