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Competence

memorize.ai (lvl 286)

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Section 1

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Rule 1.1: Competence

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7 years ago

Date created

Mar 1, 2020

Cards (23)

Section 1

(23 cards)

Rule 1.1: Competence

Front

A lawyer shall provide competent representation to a client.

Back

Strickland v. Washington

Front

Supreme Court ruled that: defendants in capital cases have a right to representation that meets an "objective standard of reasonableness"

Back

1.4(a): a lawyer shall

Front

Promptly inform client any decision or circumstance respect to which informed consent is required (settlement/pleas)

Back

1.3 comment 3

Front

Clients interests can be adversely affected by the passage of time. Do not procrastinate!

Back

Other notes on communication

Front

Reasonably consult with client about the means by which the clients objects are to be accomplished Keep the client reasonably informed about the status of the matter Promptly comply with reasonable requests for information Consult on any relevant limitation on the lawyer's conduct by the rules/law

Back

In litigation, a lawyer should explain

Front

General strategy Prospects of success Ordinarily should consult on tacts that may result in significant expense or harm others

Back

Rule 1.3 Diligence

Front

A lawyer shall act with reasonable diligence and promptness in representing a client.

Back

What does does competent representation require?

Front

Require the legal knowledge, skill, thoroughness and preparation reasonable necessary for the representation

Back

Guiding principle on communicaiton

Front

Lawyer should fulfill reasonable client expectations for info consistent with the duty to act in the client's best intersts, and the clinet's overall requirements as to the character of the representation

Back

Some instances where prejudice is presumed

Front

Actual or constructive denial of assistance of counsel Government interferes with counsel Actual conflict of interest which adversely affects counsel's performance

Back

Why require communication?

Front

So the client can participate in the matter you are acting on their behalf for

Back

Strickland: Prejudice

Front

Reasonable probability that but for counsel's errors, the result of the proceeding would have been different

Back

Strickland: Deficient performance of counsel

Front

Determined with reasonableness under prevailing professional norms. Court will be highly deferential to counsel and not question tactical decisions

Back

1.4 comment 4: How quick to respond to client questions

Front

Prompt response or, if not feasible, acknowledge receipt and advise when a response may be expected

Back

Factors when determining knowledge/skill required

Front

Complexity of the matter Lawyer's general experience Lawyer's training and experience in the field in question Preparation and study the lawyer is able to give the matter Whether it is feasible to refer the matter to, or consult with, a lawyer of established competence in the field

Back

Strickland Two Prong test

Front

Deficient performance of counsel; and Prejudice

Back

When can you take a case in a new field?

Front

Yes! When the requisite level of knowledge is attainable Need to put yourself through necessary study which you cannot charge for.

Back

1.4 comment 2: Communicating offers

Front

Lawyer must promptly inform the client of the offers substance

Back

1.4 comment 5

Front

Client should have sufficient info to participate intelligently in decisions concerning the objectives of the representation and the means by which they are to be pursued, to the extent the client is willing and able to do so

Back

Thoroughness and preparation

Front

Need to thoroughly inquire into and analyze both the facts and law Make thorough preparation of your case

Back

1.3 comment 1 on what is diligence

Front

Lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience, and take whatever legal/ethical measures are required

Back

How much knowledge/skill is required

Front

Depends on the case. Don't need to be a specialist, need proficiency of a general practitioner

Back

1.4(b): Communication

Front

Lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation

Back