North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 02 - RULES OF PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR › Section .0100 - CLIENT LAWYER RELATIONSHIP › Section 02 RULE 1.01 - COMPETENCE

Current through Register Vol. 39, No. 2, July 15, 2024
A lawyer shall not handle a legal matter that the lawyer
				  knows or should know he or she is not competent to handle without associating
				  with a lawyer who is competent to handle the matter. Competent representation
				  requires the legal knowledge, skill, thoroughness, and preparation reasonably
				  necessary for the representation.
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.
[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 which is reasonably
				necessary under 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.
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. The required attention
				and preparation are determined, in part, by what is at stake; major litigation
				and complex transactions ordinarily require more extensive treatment than
				matters of lesser complexity or consequence. An agreement between the lawyer
				and the client regarding the scope of the representation may limit the matters
				for which the lawyer is responsible.
See
Rule 1.2(c).
Retaining or Contracting with Other Lawyers
[6] Before a lawyer retains or contracts with
				other lawyers outside the lawyer's own firm to provide or assist in the
				provision of legal services to a client, the lawyer should ordinarily obtain
				informed consent from the client and must reasonably believe that the other
				lawyers' services will contribute to the competent and ethical representation
				of the client.
See also
Rules 1.2 (allocation of authority),
				1.4 (communication with client), 1.5(e) (fee division), 1.6 (confidentiality),
				and 5.5(a) (unauthorized practice of law). The reasonableness of the decision
				to retain or contract with other lawyers outside the lawyer's own firm will
				depend upon the circumstances, including the education, experience, and
				reputation of the nonfirm lawyers; the nature of the services assigned to the
				nonfirm lawyers; and the legal protections, professional conduct rules, and
				ethical environments of the jurisdictions in which the services will be
				performed, particularly relating to confidential information.
[7] When lawyers from more than one law firm
				are providing legal services to the client on a particular matter, the lawyers
				ordinarily should consult with each other and the client about the scope of
				their respective representations and the allocation of responsibility among
				them.
See
Rule 1.2. When making allocations of responsibility
				in a matter pending before a tribunal, lawyers and parties may have additional
				obligations that are a matter of law beyond the scope of these Rules.
Maintaining Competence
[8] To maintain the requisite knowledge and
				skill, a lawyer should keep abreast of changes in the law and its practice,
				including the benefits and risks associated with the technology relevant to the
				lawyer's practice, engage in continuing study and education, and comply with
				all continuing legal education requirements to which the lawyer is subject.
Distinguishing Professional Negligence
[9] An error by a lawyer may constitute
				professional malpractice under the applicable standard of care and subject the
				lawyer to civil liability. However, conduct that constitutes a breach of the
				civil standard of care owed to a client giving rise to liability for
				professional malpractice does not necessarily constitute a violation of the
				ethical duty to represent a client competently. A lawyer who makes a good-faith
				effort to be prepared and to be thorough will not generally be subject to
				professional discipline, although he or she may be subject to a claim for
				malpractice. For example, a single error or omission made in good faith, absent
				aggravating circumstances, such as an error while performing a public records
				search, is not usually indicative of a violation of the duty to represent a
				client competently.
[10] Repeated
				failure to perform legal services competently is a violation of this rule. A
				pattern of incompetent behavior demonstrates that a lawyer cannot or will not
				acquire the knowledge and skills necessary for minimally competent practice.
				For example, a lawyer who repeatedly provides legal services that are
				inadequate or who repeatedly provides legal services that are unnecessary is
				not fulfilling his or her duty to be competent. This pattern of behavior does
				not have to be the result of a dishonest or sinister motive, nor does it have
				to result in damages to a client giving rise to a civil claim for malpractice
				in order to cast doubt on the lawyer's ability to fulfill his or her
				professional responsibilities.
Authority
				  G.S.
				  84-23;
Eff. July 24,
				  1997;
Amended Eff. October 2, 2014; March 1,
				  2003.