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.

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 with 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

olly novel field through necessary study. Competent representation

can also be provided through the association with 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. A lawyer and a client may

agree, pursuant to Rule 1.2(c) or Rule 6.5, to limit the scope of the representation. In such circumstances, competence means the legal knowledge, skill,

thoroughness and preparation reasonably necessary for the limited representation.

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

ing 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.

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.

Definitional Cross-References

“Reasonably” See Rule 1.0(i)