Rule 32:1.1. COMPETENCE

A lawyer shall provide competent representation to a client.

Competent representation

requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for

the representation.

Comment

Legal Knowledge and Skill

[1] 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.

[2] 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.

[3] 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

olly 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.

[3] 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.

[4] 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 32:6.2.

Thoroughness and Preparation

[5] 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 32:1.2(c).

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 32:1.2(c).

Retaining or Contracting With Other Lawyers

[6] 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 32:1.2 (allocation

of authority), 32:1.4 (communication with client), 32:1.5(e) (fee sharing), 32:1.6 (confidentiality),

and 32:5.5(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.

[7] 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 32:1.2.

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

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 32:1.2.

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

[8] 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.