Duty of Competence
What does "Duty of Competence" mean in law?
Under Model Rule 1.1, a lawyer must provide competent representation to a client, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Competence is measured objectively and encompasses not only subject-matter expertise but also adequate investigation, research, and analysis. A lawyer who lacks competence in a particular area may still take the case if they can acquire the necessary knowledge through reasonable study or by associating with a competent co-counsel. Failure to meet this standard is one of the most common bases for attorney discipline and legal malpractice claims.
Definition
Under Model Rule 1.1, a lawyer must provide competent representation to a client, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Competence is measured objectively and encompasses not only subject-matter expertise but also adequate investigation, research, and analysis. A lawyer who lacks competence in a particular area may still take the case if they can acquire the necessary knowledge through reasonable study or by associating with a competent co-counsel. Failure to meet this standard is one of the most common bases for attorney discipline and legal malpractice claims.
Example
A real estate attorney who agrees to handle a complex patent infringement case without studying patent law or associating with a patent specialist has breached the duty of competence under Rule 1.1.