Topic

Attorney Competence Violations: When Lawyers Practice Beyond Their Ability

Rule 1.1 of the Rules of Professional Conduct requires attorneys to provide competent representation. We investigate cases where attorneys take on complex matters they are not qualified to handle.

Rule 1.1 of the professional conduct rules — the competence rule — requires every attorney to bring to each representation the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the matter. It is perhaps the most fundamental of all attorney obligations, and one of the most frequently violated. Newly admitted attorneys who take on asylum cases, complex litigation, or EB-1 petitions without adequate supervision are putting clients at risk. Attorneys who expand into new practice areas without learning the relevant law are violating Rule 1.1 with every representation they undertake. The Ethics Reporter investigates competence violations across the country, examining the cases where attorneys' lack of knowledge or preparation caused real harm to real clients.

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