Lawyer's Responsibility to Client: Basic Obligations of Competence and Care

Question 1

Under RPC, what is attorney’s duty of competent representation?

Answer 1

Attorney must have the legal knowledge, skill thoroughness, and preparation REASONABLY NECESSARY for the representation.

EXCEPTION –> in an emergency situation, attorney may assist without competence. HOWEVER, they must limit activity to whats is REASONABLY NECESSARY to meet the emergency
EXAMPLE –> call in the middle of the night

NOTE –> it is possible to improve competence by working with another attorney if:

1. attorney REASONABLE BELIEVES it will contribute to competent and ethical representation; AND
2. client gives INFORMED CONSENT

Question 2

What is CA’s rule on competence?

Answer 2

In CA, an attorney MUST NOT intentionally, recklessly, or repeatedly fail to perform legal services with competence.

EFFECT –> attorney will NOT be disciplined for single act of incompetence.

NOTE –> CA’s rule of competence also includes duty to supervise work of subordinate attorneys and non-attorney employees

Question 3

What is attorney’s duty with regards to DILIGENCE and COMMUNICATION?

Answer 3

Attorney:

1. must act with REASONABLE DILIGENCE and PROMPTNESS in representing a client; 2. must keep a client REASONABLY INFORMED;
2. must PROMPTLY comply with reasonable requests for information