Photo: MR.Yanukit / Shutterstock Duty of Competence: A Case Study
Competence is a bedrock obligation of every lawyer in every setting, even pro-bono representation, and deviation from the standard of practice may qualify as professional malpractice.
December 16, 2020 at 11:30 AM
7 minute read
Competence is a bedrock obligation of every lawyer in every setting. The Rules of Professional Conduct in fact begin with an explicit requirement of competence. RPC 1.1 prohibits lawyers from handling or neglecting a matter in a manner constituting gross negligence or exhibiting a pattern of negligence or neglect. Competence is "the cornerstone for the rest of the rules." NJ Supreme Court Advisory Committee on Professional Ethics, Opinion 671 (1993). The Committee noted that even when an attorney has no prior experience in an area of law, the attorney may be able to provide competent advice by engaging in "some combination of education, study, reflection, experience, research and other background." Id.
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