Rule 1.01. Competent and Diligent Representation

RULE 1.01. Competent and Diligent Representation

(a) A lawyer shall not accept or continue employment in a legal matter which the lawyer

knows or should know is beyond the lawyer’s competence, unless:

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(1) another lawyer who is competent to handle the matter is, with the prior informed

consent of the client, associated in the matter; or

(2) the advice or assistance of the lawyer is reasonably required in an emergency and

the lawyer limits the advice and assistance to that which is reasonably necessary in the

circumstances.

(b) In representing a client, a lawyer shall not:

(1) neglect a legal matter entrusted to the lawyer; or

(2) frequently fail to carry out completely the obligations that the lawyer owes to a

client or clients.

(c) As used in this Rule neglect signifies inattentiveness involving a conscious disregard for

the responsibilities owed to a client or clients.

Comment:

Accepting Employment

1. A lawyer generally should not accept or continue employment in any area of the law in

which the lawyer is not and will not be prepared to render competent legal services.

Competence is defined in Terminology as possession of the legal knowledge, skill, and

training reasonably necessary for the representation. Competent representation contemplates

appropriate application by the lawyer of that legal knowledge, skill and training, reasonable

thoroughness in the study and analysis of the law and facts, and reasonable attentiveness to

the responsibilities owed to the client.

2. In determining whether a matter is beyond a lawyer’s competence, relevant factors include

the relative complexity and specialized nature of the matter, the lawyer’s general experience

in the field in question, the preparation and study the lawyer will be able to give the matter,

and whether it is feasible either to refer the matter to or associate a lawyer of established

competence in the field in question

g whether a matter is beyond a lawyer’s competence, relevant factors include

the relative complexity and specialized nature of the matter, the lawyer’s general experience

in the field in question, the preparation and study the lawyer will be able to give the matter,

and whether it is feasible either to refer the matter to or associate a lawyer of established

competence in the field in question. The required attention and preparation are determined in

part by what is at stake; major litigation and complex transactions ordinarily require more

elaborate treatment than matters of lesser consequences.

3. A lawyer may not need to have special training or prior experience to accept employment

to handle legal problems of a type with which the lawyer is unfamiliar. Although expertise in

a particular field of law may be useful in some circumstances, the appropriate proficiency in

many instances is that of a general practitioner. A newly admitted lawyer can be as competent

in some matters 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.

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4. A lawyer possessing the normal skill and training reasonably necessary for the

representation of a client in an area of law is not subject to discipline for accepting

employment in a matter in which, in order to represent the client properly, the lawyer must

become more competent in regard to relevant legal knowledge by additional study and

investigation. If the additional study and preparation will result in unusual delay or expense to

the client, the lawyer should not accept employment except with the informed consent of the

client.

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ne for accepting

employment in a matter in which, in order to represent the client properly, the lawyer must

become more competent in regard to relevant legal knowledge by additional study and

investigation. If the additional study and preparation will result in unusual delay or expense to

the client, the lawyer should not accept employment except with the informed consent of the

client.

5. A lawyer offered employment or employed in a matter beyond the lawyer’s competence

generally must decline or withdraw from the employment or, with the prior informed consent

of the client, associate a lawyer who is competent in the matter. Paragraph (a)(2) permits a

lawyer, however, to give advice or assistance in an emergency in a matter even though the

lawyer does not have the skill ordinarily required if referral to or consultation with another

lawyer would be impractical and if the assistance is limited to that which is reasonably

necessary in the circumstances.

Competent and Diligent Representation

6. Having accepted employment, a lawyer should act with competence, commitment and

dedication to the interest of the client and with zeal in advocacy upon the client’s behalf. A

lawyer should feel a moral or professional obligation to pursue a matter on behalf of a client

with reasonable diligence and promptness despite opposition, obstruction or personal

inconvenience to the lawyer. A lawyer’s workload should be controlled so that each matter

can be handled with diligence and competence. As provided in paragraph (a), an incompetent

lawyer is subject to discipline.

Neglect

7. Perhaps no professional shortcoming is more widely resented than procrastination. A

client’s interests often can be adversely affected by the passage of time or the change of

conditions; in extreme instances, as when a lawyer overlooks a statute of limitations, the

client’s legal position may be destroyed

ovided in paragraph (a), an incompetent

lawyer is subject to discipline.

Neglect

7. Perhaps no professional shortcoming is more widely resented than procrastination. A

client’s interests often can be adversely affected by the passage of time or the change of

conditions; in extreme instances, as when a lawyer overlooks a statute of limitations, the

client’s legal position may be destroyed. Under paragraph (b), a lawyer is subject to

professional discipline for neglecting a particular legal matter as well as for frequent failures

to carry out fully the obligations owed to one or more clients. A lawyer who acts in good faith

is not subject to discipline, under those provisions for an isolated inadvertent or unskilled act

or omission, tactical error, or error of judgment. Because delay can cause a client needless

anxiety and undermine confidence in the lawyer’s trustworthiness, there is a duty to

communicate reasonably with clients; see Rule 1.03.

Maintaining Competence

8. Because of the vital role of lawyers in the legal process, each lawyer should strive to

become and remain proficient and competent in the practice of law, including the benefits and

risks associated with relevant technology. To maintain the requisite knowledge and skill of a

competent practitioner, a lawyer should engage in continuing study and education. If a system

of peer review has been established, the lawyer should consider making use of it in

appropriate circumstances. Isolated instances of faulty conduct or decision should be

identified for purposes of additional study or instruction.

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