Competence, Legal Malpractice, and other civil liability

Question 1

What are the 4 requirements of Competant representation?

Answer 1

1. Legal Knowledge
2. Skill
3. Thoroughness
4. Preparation
   That are **Reasonably necessary **for the represenation

Question 2

Is it ever acceptable for a lawyer to do something outside of thier competence?

Answer 2

Yes, in extreme emergency circumstances, such as a dying person who needs a will written. but you should limit your actions to the circumstances.

Question 3

What are the 4 requirements for a Client to prove civil liability for Legal malpractice?

Answer 3

1. Duty
2. Breach
3. Cause (actual and Proximate)
4. Harm

Question 4

Does the bar finding a lawyer guilty of misconduct mean that they are liable for actions resulting from that conduct?

Answer 4

No, the harmed client must sue as a plaintiff to prove negligence on the part of the lawyer.

Question 5

What are 4 basis of civil maplpractice againes a lawyer?

Answer 5

1. Negligence
2. Intentional Torts
3. Breach of Contract
4. Breach of Fiduciary duties