Competence Flashcards
Duty of Competence
Act with the
- legal knowledge and skill
- thoroughness and preparation
Reasonably necessary for the representation
Legal Knowledge & Skill Factors
- complexity
- Ls general knowledge
- Ls training and knowledge in field in question
- preparation/study L can give to the matter
- whether feasible to associate/consult with an L with established competence in field
Competence - Emergency
L may assist even if L does not have skill ordinarily required in field in question if referral would be impractical
H/E must not exceed what is reasonably necessary to meet emergency
Competence - Emergency
L may assist even if L does not have skill ordinarily required in field in question if referral would be impractical
H/E must not exceed what is reasonably necessary to meet emergency
Competence - Emergency
L may assist even if L does not have skill ordinarily required in field in question if referral would be impractical
H/E must not exceed what is reasonably necessary to meet emergency
Competence - Thoroughness and Prep
- Inquire into and
- Analyze
- facts and legal elements
-Applying methods and procedures used by competent practitioners
- facts and legal elements
Competence - Thoroughness and Prep
- Inquire into and
- Analyze
- facts and legal elements
-Applying methods and procedures used by competent practitioners
- facts and legal elements
Competence - lawyer assist
-
reasonably believe L can help rep must reasonably believe outside Ls services will contribute to the competent and ethical representation of the client
AND
informed consent “ordinarily”
Duty of Diligence (3)
L must act with reasonable diligence and promptness in representing C
Diligent
Prompt
Complete
Diligent (4)
Dedication to Cs interest and
with zeal on Cs behalf
Not incivility and
control workload
Diligence - Sole Practitioner Dury
Solo L should designate a competent L in case of death or disability
