Duty of Competence, Communication & Diligence Flashcards
Duty of Competence (Fed rule)
A lawyer owes his client a D of competence which requires the lawyer to possess the legal knowledge, skills and preparation, and thoroughness necessary to effectively represent the client.
High Tested Rule
Duty of Competence (CA rule)
In CA, a lawyer is only subject to discipline if he intentionally, recklessly, acts with gross negligence, or repeatedly fails to perform legal services with competence
What may a lawyer do to gain competence?
Under the duty of competence, a lawyer may not take a case in an unfamiliar area of the law UNLESS he gains competence by:
* associating with another lawyer reasonably believed to be competent OR
* Acquiring sufficient learning + skill before performance is required.
What is a lawyer’s duty to be aware of the changes of the law?
Under the ABA rules: a lawyer should keep abreast of changes in the law and its practice to maintain their requisite knowledge + skill
In CA: a lawyer has a DUTY to keep abreast of changes in the law and its practice, including benefits and risks associated with relevant technology.
What discipline can a lawyer be subject to for being incompetent?
Incompetence exposes a lawyer to
* discipline by the bar
* disqualification of the lawyer from the litigation matter AND / OR
* A civil malpractice suit
Duty to communicate
A lawyer must keep the client reasonably informed about any significant developments relating to the representation.
!! All settlement offers must be conveyed to client !!
Includes:
- informing client about any situation where informed consent is required
- keeping the client rb informed on the status of the matter
- complying with all requests of info
- consulting with the client about the strategy + decisions and any matters requiring client consent
- advising the client when the lawyer knows that the client expects assistance not permitted by the ethical rules
Duty of diligence (Fed rule)
A lawyer shall act with rb diligence and promptness in representing a client.
Under both sets of rules, a lawyer is generally required to be dedicated and committed to the interests of the client despite obstruction or inconvenience to the lawyer.
Duty of Diligence (CA rule)
In CA, a lawyer CANNOT intentionally, repeatedly, recklessly or with gross negligence fail to act with reasonable diligence in representing a client.
Under both sets of rules, a lawyer is generally required to be dedicated and committed to the interests of the client despite obstruction or inconvenience to the lawyer.
