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Whether or not a lawyer is competent to take on a case

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How can lawyers determine whether or not they are competent to take on a case? What can/should lawyers do if they believe they are not competent to take on a case?

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Solution Summary

A look at the factors a lawyer needs to consider when determining if he or she is competent to take on an assignment. Also, some possible solutions if a lawyer does not believe he or she is competent to take on that assignment.

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Lawyers must consider whether they are competent to handle representing a client before agreeing to represent the client. Under ABA Model Rule 1.1, "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Model Rules of Prof'l Conduct R. 1.1 (1983). Specific clarification as to what level of knowledge and training is required comes in Comment 2 to Rule 1.1, where the ABA states, "[a] lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar. A newly admitted ...

Solution provided by:
Catherine Crider, JD
Education
  • JD, University of San Francisco School of Law
  • MEd, Boston College
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