PROutlineIUsed - Rule 1.1 Competence A lawyer shall provide...

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Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. [1] Legal Knowledge and Skill In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. In many instances, the required proficiency is that of a general practitioner. Expertise in a particular field of law may be required in some circumstances. [2] Legal Knowledge and Skill 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 lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer of established competence in the field in question. [3] Legal Knowledge and Skill In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required where referral to or consultation or association with another lawyer would be impractical. [5] Thoroughness and preparation (1) an agreement between the lawyer and the client with regard to scope, may limit the matters for which the lawyer is responsible. [ 6] Maintaining Competence Keep up to date. Rule 1.2: Scope of Representation and Allocation of Authority between Client and Lawyer (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation and, as required by Rule 1.4 , shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. (b) A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities. (c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent . (d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer
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This note was uploaded on 12/06/2010 for the course LAW Profession taught by Professor King during the Fall '09 term at University of Florida.

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PROutlineIUsed - Rule 1.1 Competence A lawyer shall provide...

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