Basic Duties Of Competence, Diligence, Communication

Question 1

What is defined as “acting competently?”

Answer 1

Legal knowledge, skill, thoroughness, and preparation

Question 2

If a lawyer is not competent, how can they solve that?

Answer 2

Learn the law without undue expense or delay to client

Consult with a competent lawyer in that field

Question 3

What is the rule of diligence?

Answer 3

Lawyer must work with reasonable diligence and promptness

Be able to offer zealous advocacy!

See the matter through (carry out the contract)

Must not intentionally prejudice or damage a client

Question 4

What is general rule of communication?

Answer 4

Explain matter to client so informed decision can be made

Inform client of all pertinent facts and communications from other party

Keep client informed and respond promptly to reasonable requests for info

Question 5

Can a lawyer ever delay communication of information?

Answer 5

Yes if client would react imprudently

(Must disclose eventually)

Question 6

Does the VA RPC allow for oral informed consent?

Answer 6

Yes but sometimes it needs to be memorialized in a writing

(Lawyer makes a memo that client consented)