3. Competence and Dicipline

Question 1

Duty of Competence and Care?

Answer 1

Entails diligence (act zealously…) and competent representation (requisite skill…)

Question 2

Competent Definition in California?

Answer 2

Reasonably necessary
Knowledge and skill
+ mental, physical and EMOTIONAL capacity
to perform

Breach: intentionally, knowingly, recklessly, negligently or repeatedly fail to perform to this standard

Possible acronym? RRINK - repeatedly, recklessly, intentionally, negligently (gross), knowingly

New Tech Requirement: keep up with advances in law/practice, but appreciate their limitations (risks associated) with technology.

Question 3

Competence (federally)?

Answer 3

Competent representation requires (1) applying requisite skill, knowledge and experience for effective rep - can acquire by association or non-prejudicial study, (2) thoroughness and preparation (3) mental & physical fitness.

Client can’t waive/consent.

Emergency - to the extent reasonably necessary.

Question 4

Diligence (federal standard)

Answer 4

Zealously pursue interests and avoid unreasonable delay - showing reasonable diligence and promptness

Question 5

Diligence (CA standard)

Answer 5

Reasonable Diligence: commitment, dedication to interests - don’t neglect, disregard or unduly delay matter entrusted

Standard: RRINK (reckless, repeated, intentional, negligent (gross), knowingly)

Question 6

Exposure of lawyer if they breach competence/diligence?

Answer 6

Doesn’t need to be harm, just violation (remember CA standard) = discipline. Have due process rights in that proceeding.

If you cause harm, then malpractice suit for negligence (DoC is the professional duty).