Rule 1.1. Competence

RPC 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 effective September 1, 1985; Amended effective September 1, 2006.]

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

vel 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

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 RPC 1.2 (allocation

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

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.

[Comment 6 Adopted September 1, 2016.]

[7] [Washington revision] When lawyers or LLLTs from more than one law firm are providing

legal services to the client on a particular matter, the lawyers and/or LLLTs ordinarily should

consult with each other and the client about the scope of their respective representations and the

allocation of responsibility among them. See RPC 1.2. When making allocations of

responsibility in a matter pending before a tribunal, lawyers, LLLTs, and parties may have

additional obligations that are a matter of law beyond the scope of these Rules.

[Comment 7 Adopted September 1, 2016]

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consult with each other and the client about the scope of their respective representations and the

allocation of responsibility among them. See RPC 1.2. When making allocations of

responsibility in a matter pending before a tribunal, lawyers, LLLTs, and parties may have

additional obligations that are a matter of law beyond the scope of these Rules.

[Comment 7 Adopted September 1, 2016].

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.

[Comment 6 Adopted effective September 1, 2006; Renumbered to 8 and Amended effective

September 1, 2016.]

Additional Washington Comments (9-10)

[9] This rule applies to lawyers only when they are providing legal services. Where a lawyer is

providing nonlawyer services (”supporting lawyer”) in support of a lawyer who is providing legal

services (“supported lawyer”), the supported lawyer should treat the supporting lawyer as a

nonlawyer assistant for purposes of this rule and RPC 5.3. (Responsibilities Regarding

Nonlawyer Assistants).

[Comment 9 adopted September 1, 2016].

[10] In some circumstances, a lawyer can also provide adequate representation by enlisting the

assistance of an LLLT of established competence, within the scope of the LLLT’s license and

consistent with the provisions of the LLLT RPC. However, a lawyer may not enter into an

arrangement for the division of the fee with an LLLT who is not in the same firm as the lawyer.

See Comment [7] to Rule 1.5(e); LLLT RPC 1.5(e). Therefore, a lawyer may enlist the

assistance of an LLLT who is not in the same firm only (1) after consultation with the client in

accordance with Rules 1.2 and 1.4 and (2) by referring the client directly to the LLLT

, a lawyer may not enter into an

arrangement for the division of the fee with an LLLT who is not in the same firm as the lawyer.

See Comment [7] to Rule 1.5(e); LLLT RPC 1.5(e). Therefore, a lawyer may enlist the

assistance of an LLLT who is not in the same firm only (1) after consultation with the client in

accordance with Rules 1.2 and 1.4 and (2) by referring the client directly to the LLLT.

[Comment [7] Adopted effective April 14, 2015; Renumbered to 10 effective

September 1, 2016.]