Duty of Competence

Question 1

Duty of competence

Answer 1

render competent servives. Competence is using legal knowledge, skill, thoroughness and preparation reasonable necesssary for represenation

CA - also includes mental emo and physicla ability

Question 2

penalties for incompetence

Answer 2

disciplinary action (malpractice is suit for $)

Question 3

duty of diligence

Answer 3

promptly pursure case to completion

Question 4

duty to communicate

Answer 4

ansewr client communciation, keep them infomred, convey settlement offers or significant deeliopments

Question 5

scope of rep

Answer 5

client - substantive rights (testifying at crim trial, please or settlement)

lawyer - legal strategy

Question 6

duty to withdraw

Answer 6

mandatory - it would violat ea law or ethical rule (CA also requires withdrawal if client acts without probable case to harass or injure another)

permissive - if you convince the court there’s good cause or if it will unreasoanbly financially burden you

Question 7

procedure to withdraw

Answer 7

1. timely notice

return unpsent fee and expenses

all of clients proeprty and material paper (CA forbids holding hostage)