规则 of Professional Conduct

规则1.1: Competence

a) A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, 技能, thoroughness, and preparation reasonably necessary for the representation.
   (b) A lawyer shall serve a client with 技能 and care commensurate with that generally afforded to clients by other lawyers in similar matters.

评论

Legal Knowledge and Skill
   [1] In determining whether a lawyer employs the requisite knowledge and 技能 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 技能s, such as the analysis of precedent, the evaluation of evidence, and legal drafting, are required in all legal problems. Perhaps the most fundamental legal 技能 consists of determining what kind of legal problems a situation may involve, a 技能 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 技能 ordinarily required where referral to or consultation or association with another lawyer would be impractical. Even in an emergency, 然而, 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. 另请参阅 规则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 技能, a lawyer should keep abreast of changes in the law and its practice, and engage in such continuing study and education as may be necessary to maintain competence.