Rule 1.1. COMPETENCE

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.

tal 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. 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).

Maintaining Competence

[6]

To maintain the requisite knowledge and skill, a lawyer should

keep abreast of changes in the law and its practice, engage in continuing study

and education and comply with all continuing legal education requirements to

which the lawyer is subject.