Rule 1.1 – Competence
Provide competent representation
Legal knowledge, skill, thoroughness reasonably necessary
Comments
Determining whether requisite knowledge and skill exists: relative complexity/specialized nature of matter, lawyer’s own training and experience, preparation and study time, available help
Do not need special training or prior experience to handle a new problem – just study up
Emergency matters – you can help to the extent reasonably necessary, but don’t jeopardize client’s interests
Be adequately prepared
Keep your legal knowledge ahead of changes in the law
Rule 1.2 – Scope of Representation and Allocation of Authority Between Client and Lawyer
(a) subject to (c) and (d), abide by client’s decisions regarding the objectives of representation, and consult about how they are to be achieved.
(b) representing a client does not mean you endorse their views or beliefs
(c) You can reasonably limit your representation if the client gives informed consent
(d) Do not help your client commit fraud – but you can explain consequences
(e) After accepting employment, don’t delegate to another lawyer without client’s informed consent
Comments
Client gets to make the major decisions including settlement
If you get into a fundamental disagreement with the client, the lawyer may withdraw
The client may authorize you to take certain actions on behalf of the client without further consultation – you can rely on this until it is revoked.
Do not let any limited representation affect the competence of your representation
Lawyer cannot continue assisting a client in conduct that the lawyer originally supposed was legal and then discovers to be criminal or fraudulent.
Rule 1.3 - Diligence
Act with reasonable diligence and promptness in representation
Comments
Act with zeal in advocacy on the client’s behalf – but you are not bound to press for every advantage that might be realized
Control your