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. A lawyer and client may

agree, pursuant to Rule 1.2, to limit the scope of the representation with respect to a

matter. In such circumstances, competence means the knowledge, skill, thoroughness,

and preparation reasonably necessary for the limited scope representation.

COMMENTARY

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.

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. 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

ttention 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.