Violation of 5.3(c)(1) and 8.3(a)
Harvey goes to see his private detective. She tells him she tapped the phones at Emerson Petroleum and that the executives and Travis Tanner were talking about intimidating Harvey's plaintiff. First, Harvey is violating 5.3(c)(1) because the private detective is working for him (as evidenced earlier in the episode when he pays her with a stuffed envelope) and so she is a nonlawyer employee, and he is her supervisor. She tells him she tapped Emerson's phones, which is a criminal act that violates the Rules of Professional Conduct (Rule 8.4(b)) and by accepting the flash-drive containing the illegally wiretapped conversation, he is ratifying her conduct and therefore violating 5.3(c)(1), which states that "a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved." Additionally, because Harvey now has actual knowledge that Travis Tanner violated the Rules of Professional Conduct, he must report him, and because he does not, Harvey violates Rule 8.3, which states that "(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority." Because Harvey did not inform the appropriate professional authority, he is now violating 8.3(a).
Violation of 8.4(a) and 8.4(c)
We find out that Wakefield-Cady offered Jimmy a junior partnership position at their firm if he would leak the list, but when he did, they reneged on the offer. Wakefield-Cady violated Rule 8.4(a) and 8.4(c). First, they used Jimmy to violate Pearson Hardman's duty of confidentiality to its clients, and so they violated 8.4(a) which states that it is professional misconduct for a lawyer to "(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another." Additionally, they lied to Jimmy, promising a promotion but reneging on that promise once he came through. Here, they violated Rule 8.4(c) which states that it is professional misconduct for a lawyer to "(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation."
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