SCR 20:1.1. 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.

Wisconsin Committee Comment

When a lawyer is providing limited scope representation, competence means the

legal knowledge, skill, thoroughness, and preparation reasonably necessary for the

limited scope representation.

ABA 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

ental

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).

Retaining or Contracting With Other Lawyers

tion 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 (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.

[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

n 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.