Managing a legal practice Flashcards
(5 cards)
Factors considered in whether a lawyer is “competent” for a particular matter:
- complexity and specialized nature of the matter
- Lawyer’s general experience
- Lawyer’s training and experience in the field in question
- The preparation and study the lawyer is able to give the matter
- Whether it is feasible to refer the matter to/associate/consult with, a lawyer with competence in the field in question
What do the comments to MRPC 1.1 suggest is the “most fundamental legal skill”?
Determining what kind of legal problems a situation may involve
An attorney agrees to defend a client against a criminal charge of embezzlement. While interviewing the client, the lawyer realizes that the client’s financial situation may have implications for the client’s income-tax liability. However, the lawyer has no experience with income tax matters. May the attorney limit the representation to the criminal defense only and avoid advising the client about the tax issues?
Yes, as long as this limitation is clearly communicated to the client and does not affect the criminal case.
An attorney gets a phone call in the middle of the night from a friend saying that they’ve been arrested after a night out drinking. The friend asks the attorney to come bail them out. However, this attorney practices only tax law, and has no idea how to make bail. The attorney attempts to secure their friend’s release, but due to the attorney’s lack of knowledge, the attorney is unable to do so. The friend is released the next morning after consulting with a criminal defense attorney. Did the attorney violate their duty of competence by attempting to secure their friend’s release?
No, because the attorney limited their representation to what was reasonably needed in an emergency
A law firm has no internal policies in place that would help ensure that the firm’s junior associates are providing competent representation. Is the firm subject to discipline under Rule 5.1?
No, but the partners at the firm may be subject to discipline.
Only attorneys can be subject to discipline–not firms. (Firms can be subject to malpractice liability, however, if clients suffer harm).
