Competence, Malpractice, Civil Liability Flashcards
factors to decide if lawyer has requisite skill
- complexity and specialized nature of the matter
- the lawyers’ general experience
- the lawyer’s training and experience in the field
- the prep and study lawyer is able to give
- whether it’s feasible to refer the matter to someone more established
how can you get competent
A - associate with someone who is
L - learn (but tell client)
E - emergency situation
what is required for thoroughness
must inquire into and analyze legal elements of the problem
can you retain other lawyers to help you
yes but must reasonably believe the services of the outside lawyers will contribute to the competent and ethical rep, and should obtain consent
what’s required for diligence
should act with dedication and commitment and zeal
but can’t take on too much
what are the theories of malpractice liability
- intentional tort
- breach of fiduciary duties
- breach of contract
- negligence
who does lawyer owe duty of care to
to clients, prospective clients, third parties
what is the standard of care
competence and diligence normally exercised by attorneys in similar circumstances
gotta research, can’t take case if needed to be done by specialist
is a lawyer liable for an error of judgement
not if the judgment was well informed and reasonably made
can lawyer settle malpractice claim with client directly
yes if advises client in writing to get an independent lawyer
can lawyer make an agreement with client limiting his liability for malpractice
no not unless the client is actually represented
can you agree to limit the scope of rep
yes
can you have client sign arbitration agreement
yes
