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 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).
Maintaining Competence
[6] To maintain the requisite knowledge and skill, a lawyer should keep
abreast of changes in the law and its practice, engage in continuing study and
education and comply with all continuing legal education requirements to which
the lawyer is subject.