(b) A lawyer shall serve a client with skill and care commensurate with that generally afforded to clients by other lawyers in similar matters.
Comment
Legal Knowledge and Skill
[1] 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. One such circumstance would be where the lawyer,
by representations made to the client, has led the client reasonably
to expect a special level of expertise in the matter undertaken by the
lawyer.
[2] 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 lawyer can be as competent as
a practitioner with long experience. Some important legal skills, such
as the analysis of precedent, the evaluation of evidence, and legal
drafting, are required in all legal problems. Perhaps the most fundamental
legal skill consists of determining what kind of legal problems a situation
may involve, a skill that necessarily transcends any particular specialized
knowledge. 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] 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. Even in an emergency, however, assistance should
be limited to that reasonably necessary in the circumstances, for ill-considered
action under emergency conditions can jeopardize the client’s
interest.
[4] A lawyer may accept representation where the requisite
level of competence can be achieved by reasonable preparation. This
applies as well to a lawyer who is appointed as counsel for an unrepresented
person. See also Rule 6.2.
Thoroughness and Preparation
[5] Competent handling of a particular matter includes
inquiry into and analysis of the factual and legal elements of the problem,
and use of methods and procedures meeting the standards of competent
practitioners. It also includes adequate preparation, and continuing
attention to the needs of the representation to assure that there is
no neglect of such needs. The required attention and preparation are
determined in part by what is at stake; major litigation and complex
transactions ordinarily require more elaborate treatment than matters
of lesser consequence.
Maintaining Competence
[6] To maintain the requisite knowledge and skill,
a lawyer should engage in such continuing study and education as may
be necessary to maintain competence, taking into account that the learning
acquired through a lawyer’s practical experience in actual representations
may reduce or eliminate the need for special continuing study or education.
If a system of peer review has been established, the lawyer should consider
making use of it in appropriate circumstances.
