Competence Ch1

COMPETENCE RULE 1.1 RULE 1.1 – COMPETENCE A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. 2 RULE 1.1 – COMPETENCE: COMMENT 1 In many instances, the required proficiency is that of a general practitioner. Expertise in a particular field of law may be required in some circumstances. 3 RULE 1.1 – COMPETENCE: COMMENT 2 [2] A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar. A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such as the analysis of precedent, the evaluation of evidence and legal drafting, are required in all legal problems. 4 RULE 1.1 – COMPETENCE: COMMENT 2 [2] …A lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer of established competence in the field in question. 5 RULE 1.1 – COMPETENCE: COMMENT 3 [3] In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required where referral to or consultation or association with another lawyer would be impractical. Even in an emergency, however, assistance be limited to that reasonably necessary circumstances, for ill-considered action emergency conditions can jeopardize the interest. should in the under client's 6 RULE 1.1 – COMPETENCE: COMMENT 5 Thoroughness and Preparation [5] Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners. It also includes adequate preparation. 7 RULE 1.1 – COMPETENCE: COMMENT 5 Thoroughness and Preparation [5] …An agreement between the lawyer and the client regarding the scope of the representation may limit the matters for which the lawyer is responsible. 8 RULE 1.1 – COMPETENCE: COMMENT 6 Retaining or Contracting With Other Lawyers [6] Before a lawyer retains or contracts with other lawyers outside the lawyer’s own firm to provide or assist in the provision of legal services to a client, the lawyer should ordinarily obtain informed consent from the client and must reasonably believe that the other lawyers’ services will contribute to the competent and ethical representation of the client. 9 RULE 1.1 – COMPETENCE: COMMENT 6 Retaining or Contracting With Other Lawyers [6] …The reasonableness of the decision to retain or contract with other lawyers outside the lawyer’s own firm will depend upon the circumstances, including the education, experience and reputation of the nonfirm lawyers; the nature of the services assigned to the nonfirm lawyers; and the legal protections, professional conduct rules, and ethical environments of the jurisdictions in which the services will be performed, particularly relating to confidential information. 10 RULE 1.1 – COMPETENCE: COMMENT 8 Maintaining Competence [8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. 11