Agency is the fiduciary relationship that arises when one person (a “principal”) manifests assent to another person (an “agent”) that the agent shall act on the principal's behalf and subject to the principal's control, and the agent manifests assent or otherwise consents so to act.
[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; or (2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
Acting as an unlicensed real estate broker and salesman constitutes a violation of Section 440–a of the Real Property Law. Subdivision 1 of Section 442–e provides that “any person who violates any provision of this article shall be guilty of a misdemeanor.”
Prepare advertising copy for review, approval, and use by the licensee (including review and approval by the licensee’s principal broker as appropriate).