Competence and Diligence Flashcards
1
Q
Duty of Competence
A
May accept representation if competence can be achieved by reasonable preparation or association with experienced lawyer
MR: Obligated to provide competent representation. Must possess the following reasonably necessary:
(i) Legal knowledge
(ii) Skill
(iii) Thoroughness; and
(iv) Preparation
CA: Lawyer must not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence
2
Q
Duty of Diligence
A
Diligence: performing basic duties, like meeting deadlines
MR: Lawyer must act with reasonable diligence and promptness in representing a client
CA: Lawyer must not intentionally, repeatedly, recklessly, or with gross neglgience fail to act with reasonable diligence in representing a client
