Competence and Diligence Flashcards

A lawyer handles a transaction competently but then fails to follow up on closing conditions for six months without any communication to the client. What rule is primarily at issue?

Answer: Rule 1.3 — diligence, specifically the duty of promptness

Leaving a matter unattended for months without client communication violates the promptness and persistence obligations under Rule 1.3.

Under what circumstances may a lawyer who lacks competence in a new area still accept and handle the representation without associating with another attorney?

Answer: When the lawyer can achieve the requisite competence through reasonable preparation before and during the representation

Rule 1.1 Comment 4 allows a lawyer to handle novel matters if competence can be achieved through adequate study and preparation without associating with another lawyer.

A law firm partner assigns a complex antitrust matter to a first-year associate and provides no supervision. The associate misses a key legal argument and the client loses the case. Under the Model Rules, who may be subject to discipline?

Answer: Both the partner (for inadequate supervision) and potentially the associate (for incompetent work)

Rule 5.1 holds supervisory lawyers responsible for ensuring subordinates comply with the Rules, and the associate may be independently responsible under Rules 1.1 and 5.2.

A client tells her attorney she wants to countersue the opposing party for claims the attorney considers legally unfounded but not completely frivolous. Under the diligence and competence rules, the attorney should:

Answer: Assess the legal basis honestly, advise the client, and pursue the claim if it has a non-frivolous basis

Diligence requires pursuing the client's lawful objectives, while competence requires honest legal analysis; the attorney should advise candidly and file non-frivolous claims.

Which of the following best illustrates a violation of diligence rather than competence under the Model Rules?

Answer: An attorney repeatedly fails to return client calls and lets months pass without updating the client on case status

Failing to communicate and leaving a client without updates is a diligence (Rule 1.3) violation, while misapplication of legal knowledge implicates competence (Rule 1.1).

A lawyer suffers from untreated depression that causes chronic procrastination and neglect of client files. Several clients miss deadlines as a result. Under the MPRE framework, which of the following is most accurate?

Answer: The attorney may face discipline for violating Rule 1.3 regardless of the underlying cause

While mental health issues may be mitigating factors in discipline, they do not excuse violations of the duty of diligence under Rule 1.3.

An attorney who has practiced for 20 years receives a case involving a rapidly evolving area of cyber law. The attorney fails to research recent developments and provides outdated advice. Under Rule 1.1, this attorney has failed to:

Answer: Keep abreast of changes in the law and its practice, including the benefits and risks of relevant technology

Rule 1.1 Comment 8 requires lawyers to keep abreast of changes in the law, including technological and legal developments relevant to practice.