R 1.1 - Competence Flashcards
What shall an attorney provide to his client when representing them?
An attorney shall provide competent representation.
What does competent representation require?
It require legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
What factors should be taken into account whether an attorney is employing the requisite KNOWLEDGE and SKILL?
The relevant factors include the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field of question, the preparation and study the lawyer is able to give the matter an whether it is feasible to refer the matter to or associate or consult with a lawyer of established proficiency is that of a general practitioner.
Can an attorney take on a case for a client where the attorney has no special training or prior experience?
No, it is not necessary for an attorney to take on a case for a client where the attorney has no special training or prior experience.
May an attorney with no special training or prior experience handle a matter for a client?
The attorney may take on the case so long as he provides adequate and competent representation as if the attorney was a practitioner with long experience.
How can an attorney with no special training or prior experience achieve the requisite level of competence?
By reasonable preparation.
May an attorney with no special training or prior experience assist a client in an emergency basis?
Yes, the attorney may provide legal advice and assistance in a matter for the client, where the attorney does not have the skill ordinarily required in an emergency basis.
However, the legal advice and assistance should be limited to that reasonably necessary in the circumstances.
What must the original attorney of the client do prior to contracting or retaining another attorney or firm, that is outside of the original attorney’s firm?
Additionally, what must the other attorney contribute to the client’s case?
The original attorney must obtain informed consent from the client.
The original attorney must reasonably believe that the other attorney will contribute to the competent and ethical representation of the client.
In the case where multiple attorney from different firms represent a client in matter, what should the attorneys do? When is it different?
The attorney should consult with each other and the client about the scope of representation regarding each of the attorneys’ duties and responsibilities. This might be different when the matter is pending before a tribunal.
What must an attorney do to maintain the requisite KNOWLEDGE and SKILL?
The attorney should keep up with the changes of law and its practice, including the changes in technology.
Also engage in continuing education, e.g., CLE courses.
