Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › CLIENT-LAWYER RELATIONSHIP › Rule 1.1 - Competence

Current through Register Vol. 54, No. 28, July 13, 2024
A lawyer shall provide competent representation to a
						  client. 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. 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 impracticable. 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
						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 and 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
						must reasonably believe that the other lawyers' services will contribute to the
						competent and ethical representation of the client. See also Rules
						1.2,
						1.4,
						1.6, and
						5.5(a). 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 relevant technology, engage in continuing study and education
						and comply with all continuing legal education requirements to which the lawyer
						is subject. To provide competent representation, a lawyer should be familiar
						with policies of the courts in which the lawyer practices, which include the
						Case Records Public Access Policy of the Unified Judicial System of
						Pennsylvania.