Duty of Competence (and other common sense)

Question 1

Competence defined:

Answer 1

Using the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Question 2

CA discipline for lack of competence:

Answer 2

Disciplined only if you recklessly, intentionally or repeatedly fail to perform legal skills with competence

Question 3

Other Duties arising:

Answer 3

Duty of diligence
Duty to communicate
Duty of reasonableness/Sensibleness

Question 4

Accepting representation

Answer 4

you should accept as part of duty to society, you MUST REJECT if accepting violates an ethical rule (usually applies if you are not qualified for the work)

Question 5

Scope of representation, what do you decide what does client?

Answer 5

You decide legal strategy they decide substantive rights (Plea agreements, taking the stand)

Question 6

Withdrawal, when is it mandatory or permissive?

Answer 6

mandatory if you are furthering crime or continuing representation violates ethical rules, CA says you MUST withdraw if client sues to harass or without P.C.
Permissive: If you think there’s good cause (can’t afford it, client won’t listen to anything you say, keeps doing bad behavior)

Question 7

procedure for withdrawal:

Answer 7

provide timely notice, return any unspent fees and expense advances
all of client’s property AND work product.
CA: CANNOT HOLD ONTO WORK PRODUCT/FILES even if you’re unpaid