Competence and Diligence Flashcards

An attorney agrees to handle a complex securities fraud case despite never having practiced securities law. Under the Model Rules, which approach would satisfy the competence requirement?

Answer: Associate with a lawyer competent in securities law or study the necessary law before proceeding

Rule 1.1 permits a lawyer to handle unfamiliar matters by associating with competent counsel or through adequate preparation and study.

A lawyer representing a client in a custody dispute becomes seriously ill mid-case and is unable to work for several months. What does the duty of diligence require?

Answer: The lawyer must arrange for another qualified attorney to handle the matter promptly

Diligence under Rule 1.3 requires ensuring the client's matter is handled even when the attorney is incapacitated, including arranging substitute counsel.

Under the MPRE framework, 'competence' as defined in Rule 1.1 requires which combination of attributes?

Answer: Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

Rule 1.1 defines competence as the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

A client hires an attorney to file a breach of contract claim. The attorney repeatedly delays drafting the complaint without informing the client, and the statute of limitations expires. Which rule(s) has the attorney most clearly violated?

Answer: Rules 1.1 and 1.3

Allowing the statute of limitations to expire through inaction violates both the competence requirement (Rule 1.1) and the diligence requirement (Rule 1.3).

Which factor does the Model Rules commentary identify as relevant in determining whether a lawyer possesses adequate skill for a given matter?

Answer: The complexity and specialized nature of the matter

Comment 1 to Rule 1.1 identifies the complexity and specialized nature of the matter as a key factor in assessing whether a lawyer has adequate skill.

An attorney licensed only in State A is asked by a longtime client to handle litigation in State B. The attorney has no pro hac vice admission in State B. What is the most appropriate course of action under competence and related rules?

Answer: Associate with State B counsel or assist the client in obtaining State B counsel

Competence includes ensuring proper authorization to practice; the attorney should associate with admitted counsel or help the client find State B counsel.

A solo practitioner is handling 80 active cases simultaneously and misses a key filing deadline in one client's case because of the overwhelming workload. Under the Model Rules, what principle does this scenario implicate?

Answer: Diligence requires a lawyer not to take on more work than can be handled competently

Rule 1.3 Comment 2 warns that a lawyer must control workload so that each matter can be handled competently and with reasonable promptness.