Competence, Legal Malpractice, and Civil Liability

Question 1

What is the duty of competence?

Answer 1

A lawyer must possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Question 2

Define knowledge and skill

Answer 2

the relative complexity and specialized nature of the matter, L’s experience, and preparation L can give to the matter (general proficiency can be enough)

Question 3

Define thoroughness & preparation

Answer 3

this depends on the degree of complexity and consequence of the matter

Question 4

What must L do if L lacks competence?

Answer 4

L must decline/withdraw from representation, become competent without unreasonable delay, or associate with competent counsel

Question 5

What does the duty of diligence require?

Answer 5

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 6

What is malpractice?

Answer 6

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