Class Three Quiz - Question 3

We would like to appeal question 3 on behalf of several members of the [firm]. While the majority of our team correctly answered "C" and agree it is the best answer, "D" is also a correct answer.

Rule 5.3c states that "a lawyer shall be responsible for conduct of such a person that would be a violation of the GRPC if engaged in by a lawyer if:…The lawyer is a partner in the law firm in which the person is employed…and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action"

Answer D specifically states "Stone was unaware" of the conduct.

There is no mention of procedures in place, or lack there of, to be able to judge if "reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer" were in place.

The standard approach to hypotheticals is to not supply additional facts. It is possible there were procedures in place and that Shifflet was merely undetected, or that this was the first time based on the hypo.

We would like to suggest that since both C and D are correct based solely on the information given, that both be considered correct for the purposes of the quiz.