duty of competence Flashcards
1
Q
elements of competence
A
- legal knowledge and skill
2. preparation and thoroughness
2
Q
legal knowledge and skill
A
must be knowledgable, if not, they must become knowledgable or associate with competent counsel
3
Q
Preparedness and thouroughness
A
standards of competent practitioners
4
Q
Duty of diligence
A
a lawyer must act with reasonable diligence and zelously advocate for client
5
Q
Maintaining competence
A
an attorney has a duty to maintain competence through
CLEs and
Awareness of new developments in the attorney’s field of practice
6
Q
Malpractice settlements
A
An attorney may not settle a pending or potential mal practice claim without first advising the client to seek indepedent counsel
7
Q
limiting malpractice liability
A
not cool unless the client is represented by another attorney.
