Rule 1.1. Competence

(a) A lawyer shall provide competent representation to a

client. Competent representation requires the legal knowledge,

skill, thoroughness and preparation reasonably necessary for

the representation.

(b) In an emergency, a lawyer may give advice or

assistance in a matter in which the lawyer does not have the

skill ordinarily required or in which referral to or consultation

or association with another lawyer would be impractical;

provided, however, that the assistance shall be limited to that

reasonably necessary in the circumstances and the client shall

be advised of the lawyer’s limited knowledge in the legal field

in which the advice is sought.

ALASKA COMMENT

Paragraph (b) of the rule is designed to add a duty to a

lawyer rendering legal services in an emergency situation. The

commentary associated with Model Rule 1.1 suggested that the

requirement of competence might be relaxed in certain

emergency situations. It was felt that such a relaxation should

be made a substantive part of the rule with the added duties

that the assistance shall continue only as long as the emergency

exists and the client be fully advised of the limitations on the

lawyer’s competence.

COMMENT

Legal Knowledge and Skill

In determining whether a lawyer employs the requisite

knowledge and skill in a particular matter, 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 in question, the preparation and

study the lawyer is able to give the matter and whether it is

feasible to refer the matter to, or associate or consult with, a

lawyer of established competence in the field in question. In

many instances, the required proficiency is that of a general

practitioner. Expertise in a particular field of law may be

required in some circumstances.

A lawyer need not necessarily have special training or

prior experience to handle legal problems of a type with which

the lawyer is unfamiliar

o, or associate or consult with, a

lawyer of established competence in the field in question. In

many instances, the required proficiency is that of a general

practitioner. Expertise in a particular field of law may be

required in some circumstances.

A lawyer need not necessarily have special training or

prior experience to handle legal problems of a type with which

the lawyer is unfamiliar. A newly admitted lawyer can be as

competent as a practitioner with long experience. Some

important legal skills, such as the analysis of precedent, the

evaluation of evidence and legal drafting, are required in all

legal problems. Perhaps the most fundamental legal skill

consists of determining what kind of legal problems a situation

may involve, a skill that necessarily transcends any particular

specialized knowledge. A lawyer can provide adequate

representation in a wholly novel field through necessary study.

Competent representation can also be provided through the

association of a lawyer of established competence in the field

in question.

In an emergency a lawyer may give advice or assistance in

a matter in which the lawyer does not have the skill ordinarily

required where referral to or consultation or association with

another lawyer would be impractical. Even in an emergency,

however, assistance should be limited to that reasonably

necessary in the circumstances, for ill-considered action under

emergency conditions can jeopardize the client’s interest.

A lawyer may accept representation where the requisite

level of competence can be achieved by reasonable

preparation. This applies as well to a lawyer who is appointed

as counsel for an unrepresented person. See also Rule 6.2.

Thoroughness and Preparation

Competent handling of a particular matter includes

inquiry into and analysis of the factual and legal elements of

the problem, and use of methods and procedures meeting the

standards of competent practitioners. It also includes adequate

preparation

ation. This applies as well to a lawyer who is appointed

as counsel for an unrepresented person. See also Rule 6.2.

Thoroughness and Preparation

Competent handling of a particular matter includes

inquiry into and analysis of the factual and legal elements of

the problem, and use of methods and procedures meeting the

standards of competent practitioners. It also includes adequate

preparation. The required attention and preparation are

determined in part by what is at stake; major litigation and

complex transactions ordinarily require more extensive

treatment than matters of lesser complexity and consequence.

An agreement between the lawyer and the client regarding the

scope of the representation may limit the matters for which the

lawyer is responsible. See Rule 1.2(c).

Retaining or Contracting with Other Lawyers

Before a lawyer retains or contracts with other lawyers

outside the lawyer’s own firm to provide or assist in the

provision of legal services to a client, the lawyer should

ordinarily obtain informed consent from the client and must

reasonably believe that the other lawyers’ services will

contribute to the competent and ethical representation of the

client. See also Rules 1.2 (allocation of authority), 1.4

(communication with client), 1.5(e) (fee sharing), 1.6

(confidentiality), and 5.5(a) (unauthorized practice of law).

The reasonableness of the decision to retain or contract with

other lawyers outside the lawyer’s own firm will depend upon

the circumstances, including the education, experience and

reputation of the nonfirm lawyers; the nature of the services

assigned to the nonfirm lawyers; and the legal protections,

professional conduct rules, and ethical environments of the

jurisdictions in which the services will be performed,

particularly relating to confidential information

s outside the lawyer’s own firm will depend upon

the circumstances, including the education, experience and

reputation of the nonfirm lawyers; the nature of the services

assigned to the nonfirm lawyers; and the legal protections,

professional conduct rules, and ethical environments of the

jurisdictions in which the services will be performed,

particularly relating to confidential information.

When lawyers from more than one law firm are providing

legal services to the client on a particular matter, the lawyers

ordinarily should consult with each other and the client about

the scope of their respective representations and the allocation

of responsibility among them. See Rule 1.2. When making

allocations of responsibility in a matter pending before a

tribunal, lawyers and parties may have additional obligations

that are a matter of law beyond the scope of these Rules.

Maintaining Competence

To maintain the requisite knowledge and skill, a lawyer

should keep abreast of changes in the law and its practice,

including the benefits and risks associated with relevant

technology, engage in continuing study and education and

comply with all continuing legal education requirements to

which the lawyer is subject.