Competence and Malpractice
This chapter covers the duties of competence, diligence, and communication, and the difference between violating a disciplinary rule and being civilly liable for malpractice.
Competence, Diligence, and Communication
Under Model Rule 1.1, a lawyer must provide competent representation, requiring the legal knowledge, skill, thoroughness, and preparation reasonably necessary, including keeping abreast of the benefits and risks of relevant technology. Under Model Rule 1.3, a lawyer must act with reasonable diligence and promptness. Under Model Rule 1.4, a lawyer must keep the client reasonably informed, promptly respond to requests for information, and explain matters enough to let the client make informed decisions.
Discipline Versus Malpractice
Violating a disciplinary rule can lead to professional sanctions such as reprimand, suspension, or disbarment, but the Model Rules state that a violation does not itself create a civil cause of action. Malpractice is a separate civil claim, usually based on negligence, requiring the client to prove a duty, breach, causation, and damages. A lawyer may not prospectively limit malpractice liability unless the client is independently represented in making the agreement.