B. Competence Necessary to Undertake Representation

Question 1

What is required for Lawyer to act competently in representing a client?*

Answer 1

1) Legal knowledge + skill!!!
- Reasonably necessary for representation!!!

2) Thoroughness + preparation!!!
- Reasonably necessary for representation!!!
- E.g. Reasonable belief that Client’s testimony is strong enough, despite NOT searching for supporting W!!!

Question 2

What factors determine whether Lawyer has necessary skill?

Answer 2

• Complexity + specialised nature of matter
• Experience (general + within that particular field)
• Preparation + study to be given towards the matter
• Whether it is possible for Lawyer to refer/consult with another lawyer

Question 3

How may Lawyer still represent Client if NOT competent?*

Answer 3

1) (ALE)
- Lawyer may hire Associate instead!!!
- Lawyer may Learn relevant info in time!!!
- Lawyer may assist in Emergency situations!!! (NOT beyond what is reasonably necessary to meet emergency)

2) Client’s consent!!!

Question 4

What is required for thoroughness and preparation?

Answer 4

Inquire + analyse

Facts + legal elements

Question 5

What is required for Lawyer to consult with other lawyers?

Answer 5

a) Reasonable belief that other lawyer’s services will contribute towards competent + ethical representation
b) Ordinarily obtain client’s informed consent