Nonlawyer staff may e-file.

Lawyers may allow nonlawyer staff under their supervision to use the lawyer's login and passwords to electronically file court documents through the new state court electronic portal, according to an ethics opinion recently approved by the Bar Board of Governors.

The board had asked the Professional Ethics Committee to look into whether there were any concerns about non-lawyer staff filing documents through the portal, which is the access point for the statewide court electronic filing system now being set up.

As the system now operates, only lawyers can be registered to file documents; there is no provision for staff to file documents.

Board Review Committee on Professional Ethics Chair Carl Schwait told the board at its December meeting that there were concerns about allowing nonlawyers to access the system through a lawyer's password, but he said the Professional Ethics Committee likened the access to a nonlawyer employee delivering documents to the courthouse.

"You have complete responsibility for your staff, and, therefore, they can use your login name and password with your supervision," he said.

The opinion does caution lawyers that they must act responsibly, to include guaranteeing that departed firm employees cannot still use the lawyer's login and password to access the electronic filing system, Schwait said.

The proposed opinion states that electronic...