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COMPETENCE

memorize.ai (lvl 286)

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7 cards

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Section 1

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legal skill and knowledge

Front

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Competition Prep

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Last updated

6 years ago

Date created

Mar 1, 2020

Cards (7)

Section 1

(7 cards)

legal skill and knowledge

Front

factors to consider: - complexity and specialized nature of the matter - the lawyer's general experience and training and experience in the field in question - the amount of preparation and study the lawyer will give to the matter - whether it is possible for the lawyer to refer the matter to, or consult with, another competent lawyer

Back

competence

Front

must act competently and w/the legal knowledge, skill, thoroughness, and preparation that are reasonably necessary for the representation

Back

maintaining competence - tech and continuing legal education

Front

should keep abreast of changes in the law or its practice, including the benefits and risks associated w/relevant tech must comply w/all applicable continuing legal education requirements

Back

thoroughness and preparation

Front

must inquire into and analyze the facts and legal elements in order to adequately prepare a matter

Back

retaining other lawyers to assist in the matter

Front

may gain competence by consulting with others before they can retain or contract w/lawyers outside her firm, the lawyer: - must reasonably believe that the services of the outside lawyers will contribute to the competent and ethical representation of the client - "should ordinarily" obtain the client's informed consent

Back

competent through representation

Front

may accept representation if the requisite competence can be achieved by reasonable preparation

Back

emergency situations

Front

a lawyer who is not competent in the field may assist a client in an emergency, but the assistance should not exceed what is reasonably necessary

Back