Class 2 - Topic 1: Competence

Question 1

Competence

Answer 1

3.1-1 In this rule,
“competent lawyer” means a lawyer who has and applies relevant knowledge, skills and attributes in a manner appropriate to each matter undertaken on behalf of a client including

Question 2

Competence requires:

Answer 2

• Handling files and clients in the right way
• Handling your practice in the right way
• Knowing your limits

Question 3

Competence does NOT require:

Answer 3

• Perfection
• The same service quality in every context

Question 4

Informing Client of Error or Omission

Answer 4

When, in connection with a matter for which a lawyer is responsible, the lawyer discovers an error or omission that is or may be damaging to the client and that cannot be rectified readily, the lawyer shall (a) promptly inform the client of the error or omission.

Question 5

5 Habits of Cultural Competence

Answer 5

1. Take note of the differences between the lawyer and the client;
2. Map out the case, taking into account the different cultural understandings of the lawyer and the client;
3. Brainstorm additional reasons for puzzling client behavior;
4. Identify and solve pitfalls in lawyer-client communications to allow the lawyer to see the client’s story through the client’s eyes; and
5. Examine previous failed interactions with the client and develop pro-active ways to ensure those interactions do not take place in the future.

Question 6

LawPro - Lawyers’ Professional Indemnity Company

Answer 6

• LawPRO is an insurer.
• Every lawyer in Ontario is required to pay for it. Professional indemnity insurance policy.
• If a lawyer is sued then LawPRO steps in and they are responsible for damages etc.
• Usually around $5,000-6,000 a year depending on your area.
• It is owned by the Law Society of Ontario.