Competence, Malpractice, and Civil Liability
Discipline and civil liability are separate systems. A Rule violation is not itself a cause of action, and malpractice requires damages caused by a breach of the standard of care.
Competence and diligence
Rule 1.1 requires the knowledge, skill, thoroughness, and preparation reasonably necessary, which a lawyer may acquire through study or association with an experienced lawyer. Rule 1.3 forbids procrastination and unmanageable caseloads; discipline does not require harm to the client.
Liability and its limits
Malpractice generally requires a relationship, negligence, causation, and damages, and lawyers can also be liable to some nonclients, such as intended will beneficiaries. Rule 1.8(h) bars prospective limits on malpractice liability unless the client has independent counsel, and requires written advice before settling a claim with an unrepresented client. The study guide covers the leading cases.
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