Pg 13 Flashcards
What is the duty of competence?
An attorney must provide competent representation to his clients via the legal knowledge, skills, thoroughness, and preparation that a competent attorney would use under the circumstances
If a firm limited attorneys to two hours of research only, and an attorney missed a major precedent case, would the lawyer and firm be subject to discipline under the duty of competence?
Yes because the attorney must assess his own competence and either remedy any issues that interfere with the representation or decline the representation. Here the attorney knew he didn’t have the appropriate resources to do his research, and didn’t take action to do it another way. Should have gone to the library
What are the elements of the duty of competence?
– legal knowledge
– skill
– thoroughness
– reasonable preparation
What is considered when it is determined whether an attorney used the proper skill needed for the duty of competence?
Looks at the relative complexity and specialized nature of the matter, the attorney’s general experience, training in the field, preparation and study, whether it was feasible to refer the matter to an associate or consult with another attorney
What is the duty for lawyers to be informed of changes in the law?
Lawyers must maintain requisite knowledge and skill by keeping abreast of changes in the law, practice, relevant technology, continuing study and education, etc.
If an attorney is requested to represent a client beyond his area of competence, what are his options?
- refer the matter to another attorney that has competence in the field
- put in the necessary study and time to become competent
- associate with another experienced attorney after getting the informed consent of the client and have the reasonable belief that the other attorney’s services will contribute to competent and ethical representation of the client
If an attorney doesn’t have the skill needed to represent a client, and referral or consultation with another attorney is not possible due to an emergency, the attorney can assist the client to what extent?
To the extent reasonably necessary, making his best effort, until it’s possible to refer the client to a more competent attorney
What is involved in MR 1.3 duty of diligence?
Attorneys must act with reasonable diligence and promptness in representing a client and must diligently see the case to completion and zealously advocate for the client
If an attorney accepts a settlement offer without consulting his client, what duty did the attorney breach?
Duty of diligence
An attorney under the duty of diligence should pursue a matter for the client despite what things?
Opposition, inconvenience, and take whatever lawful or ethical measures are required to act with commitment and dedication
An attorney has a duty to control his caseload so that what?
Each matter is handled competently and without unreasonable delay or procrastination
If there is doubt about whether the attorney client relationship has ended, what should happen?
The attorney should clarify, preferably in writing, so there is no mistake
If an attorney is a sole practitioner, what is his duty of diligence in case anything happens to him?
To have a plan that designates a competent attorney to review his files and notify each client of what happened, and to determine if there’s a need for an immediate protective action
Attorneys can agree to reasonable requests for postponement so long as what?
The postponement does not prejudice the client’s case
