Competence, legal malpractice, and civil liability

Question 1

Competence

Answer 1

L must possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation (CA also includes a duty to supervise)
1. Knowledge and skill—relative complexity and specialized nature of the matter, L’s
experience, and preparation L can give to the matter (general proficiency can be enough)
are considerations
2. Thoroughness and preparation—depends on degree of complexity and consequence of
the matter
3. L lacks competence—L must decline/withdraw, become competent without unreasonable
delay, or associate with competent counsel

Question 2

Diligence

Answer 2

L must be dedicated and committed to C’s interests despite inconvenience/obstruction, control his workload, act with reasonable promptness, and pursue all matters to completion

Question 3

Malpractice

Answer 3

In addition to professional discipline, L may be subject to civil liability for malpractice based upon various theories such as breach of contract or fiduciary relationship, intentional tort, or negligence