Rule 1.1. Competence

RULE 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.

Adopted July 1, 2009, effective January 1, 2010.

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 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 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 1.2(e) and

Comment [15], 1.4, 1.5(f), 1.6, and 5.5(a)

ontracts 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(e) and

Comment [15], 1.4, 1.5(f), 1.6, and 5.5(a). 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

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.

Adopted July 1, 2009, effective January 1, 2010; amended Oct. 15, 2015, eff. Jan. 1, 2016; amended

July 6, 2023, eff. immediately.

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