Kaplan Mod 5 Flashcards
What are the things that are involved in a lawyer providing competent representation to a client?
Knowledge, skill, thoroughness, and preparation reasonably necessary for the representation
What are the factors to determine if an attorney is competent?
The relative complexity and specialized nature of the matter, the attorney’s general experience and training in the field, preparation and study that the attorney is able to give, whether it’s feasible to refer the matter to another attorney or partner with another attorney to become competent
What is the level of required proficiency for most attorneys?
That of a general practitioner, but expertise can be required in some circumstances
In an emergency, what is the rule about attorneys giving advice or assistance on matters they don’t have the skill to ordinarily advise on?
They can give advice or assistance in those areas, where referral to or consultation, or association with another attorney would be impractical. But assistance should be limited to what is reasonably necessary under the circumstances
If you are not competent to handle a case but you decide to do the necessary study and research to become competent, who pays for that?
It shouldn’t be at the expense of the client. This means that it shouldn’t cost the client time (in the way of due process issues like asking for continuances) and that you shouldn’t charge them for your increased capacity
If you choose to become competent by partnering with another attorney outside of your firm, what do you have to do first?
Get the informed consent of the client
How must attorneys maintain competence?
By staying informed about changes in the law, the benefits and risks of relevant technology, doing continuing education, etc.
Can a lawyer enter an agreement with a client to prospectively limit his liability for malpractice if the lawyer told the client to get outside counsel, and the client chose not to?
No, this type of limited liability agreement can only be made if the client is independently represented in making the agreement
What is the general rule about attorneys accepting or refusing court appointments?
The general rule is that attorneys should not refuse court appointments, but they can for good cause, like if it will likely result in the lawyer violating the rules, if the lawyer is incompetent to represent the client, if he finds the case so repugnant that it will impair the representation, etc.
