Rule 1.1. Competence

Competence

A lawyer shall provide competent representation to a client. Competent representation requires

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Copyrighted by the Secretary of the State of the State of Connecticut

the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

(P.B. 1978-1997, Rule 1.1.)

COMMENTARY: 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. 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

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. 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

aining 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 (b) (scope of representation, basis or rate of fee and

expenses), 1.5 (e) (fee sharing), 1.6 (confidentiality), and 5.5

(a) (unauthorized practice of law). Client consent may not be

necessary when a nonfirm lawyer is hired to perform a discrete

and limited task and the task does not require the disclosure

of information protected by Rule 1.6. The reasonableness of

Rule 1.1

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.

When lawyers from more than one law firm are providing

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

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

cular matter, the lawyers

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.