duty of competence

Question 0

duty of competence

factors

Answer 0

1. knowledge, skill, thoroughness, and preparation reasonably necessary for representation.
   a. requires factual and legal research into a clients problem
2. ability to analyze legal precedent, evaluate evidence, draft legal documents, identify legal issues and problems
3. should keep up to date about changes in the law through cle’s and self education.

Question 1

ethical prerequisites to forming a lawyer client relationship

Answer 1

lawyer should only accept representation if it can be performed

1. competently
2. promptly
3. without improper conflict of interest
4. to completion

Question 2

factors determining sufficiency of lawyers knowledge and skill

Answer 2

1. relative complexity and specialized nature of matter
2. general experience of the lawyer
3. training and experience in the field
4. preparation and study given to the matter
5. whether associating competent counsel is option

Question 3

emergency exception

Answer 3

when faced with an emergency an incompetent attorney can continue the representation only to the extent reasonably necessary to deal with the emergency. once the emergency has passed the attorney must follow the 3 requirements.

Question 4

actions that will result in litigation sanctions

Answer 4

1. maintaining a non-meritorious claim
2. continue to pursue a non-meritorious claim after discovering that it is not.
3. refusal to comply with a court ordered discovery request.

Question 5

settling a malpractice claim

Answer 5

a lawyer may not attempt to settle a malpractice claim unless

1. the client is advised in writing that it would be desirable to seek independent counsel.
   2, the client is given reasonable time to do so.

Question 6

3 options if lawyer is not competent

Answer 6

1. decline or withdraw from representation
2. make your self competent so long as it does not result in unreasonable expense or delay
3. associate competent council

Question 7

6 actions constituting misconduct

Answer 7

1. crimes involving dishonesty or moral turpitude
2. conduct involving deceit, fraud, misrepresentation, or dishonesty
3. violations of the rules of professional responsibility
4. conduct prejudicial to the administration of justice
5. stating or implying improper influence
6. knowingly assisting a judge in violation of the rules of judicial conduct