Competence

Question 1

If a lawyer is not competent, what should they do?

Answer 1

(1) decline to act
(2) obtain the client’s consent to retain, consult or collaborate with a licensee who is competent
(3) obtain the client’s consent for the lawyer to become competent without undue delay, risk or expense to the client

Question 2

What factors should a lawyer consider in deciding whether they are competent?

Answer 2

(1) the complexity and specialized nature of the matter
(2) their general experience
(3) their training and experience in the field
(4) the preparation and study they are able to give the matter
(5) whether it is appropriate to refer the matter to or consult with a licensee of established competence

Question 3

What are the minimum standards relating to competence?

Answer 3

There are 6 standards:
(1) Knowledge
(2) Skills
(3) Judgement
(4) Client service and communication
(5) Practice Management
(6) Professional Development

Question 4

What is required by a lawyer to meet the “Professional Development” requirement for Competence?

Answer 4

Lawyers are required to complete 1 hour of eligible Continuing Professional Development (CPD) activities for each calendar month of the year

Question 5

How are CPD hours/activities divided?

Answer 5

At least 25% of the total CPD hours, must be Professionalism Hours

Question 6

What are professionalism CPD hours?

Answer 6

Addresses topics of ethics, professional responsibility, practice management, and/or equality, diversity and inclusion (EDI)

Question 7

What are substantive CPD hours?

Answer 7

Cover either substantive or procedural law topics and/or related skills