BarMax MPRE Study Guide

V. Duty of Competence (6% to 12%) 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. Elements 1. Legal Knowledge & Skill as part of the duty of competence, a lawyer must be knowledgeable regarding the subject matter of the representation. However, under the ABA rules, a lawyer need not be an expert in all matters to undertake the representation. A lawyer without prior experience in a field of practice may still take a case as long as: ! Educated Without Undue Expense or Delay to Client does the work to become educated and competent without any undue expense or delay to the client.

OR ! Associate with Competent Counsel associate with counsel competent in the area, who can help assist the lawyer. 2. Preparation & Thoroughness 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. B. Duty of Diligence a lawyer shall act with reasonable diligence and promptness in representing a client. A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. C. Maintaining Competence an attorney has a duty to maintain competence by complying with all applicable continuing legal education requirements and taking reasonable steps to be aware of new developments in the attorneys field of practice. 1. Continuing Legal Education Requirements AND 2. Aware of New Developments in the Attorneys Field of Practice D. Malpractice Liability 1. Malpractice Settlements an attorney may not settle a pending or potential malpractice claim with a client without advising the client in writing to seek independent legal counsel and giving the client time to do so. 2. Limiting Liability for Malpractice an attorney may not attempt to limit malpractice liability. ! Exception: Client Represented by Another Lawyer the client and attorney may agree to limit malpractice liability only if the client is represented by another attorney when the client enters into the agreement to limit malpractice liability. ! "!

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