Chapter SevenChapter SevenCompetenceCompetence

In this chapter, you will learn about:Definitions of lawyer and paralegal

competenceKey components of competence for

paralegalsSanctions for incompetenceTrends in malpracticeAvoiding malpracticeFactors in the work environment

that affect competence

Definition of CompetenceDefinition of CompetenceLegal knowledge, skill, thoroughness,

and preparationReasonable diligence and promptnessCommunication with clients to keep

them informed about the status of their matters, to comply with reasonable requests for information, and to explain matters so that clients can make informed decisions

MalpracticeMalpracticeImproper conduct in the

performance of duties by a professional, either intentionally or through negligence

Most Common Bases for Most Common Bases for Malpractice ClaimsMalpractice Claims

Substantive incompetenceManagement incompetencePoor communication skills and

practicesFee misunderstandingsSubstance abuse and stress

Advice for Avoiding Advice for Avoiding Malpractice SuitsMalpractice Suits

Use carefully drafted letters of engagement as well as letters terminating or declining representation

Clients should be selected carefullyLawyers and clients should enter into

complete and well-drafted fee agreements for each representation

Clients should be charged reasonable fees that are in accord with fee agreements

Clients’ phone calls and e-mails should be returned promptly

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Advice for Avoiding Advice for Avoiding Malpractice Suits Malpractice Suits (continued)(continued)

Lawyers and paralegals should listen to clients carefully and try to understand their goals and expectations

Lawyers should exercise independent judgment on clients’ behalf and should respect clients’ decisions

Lawyers and paralegals should be scrupulous in the handling of clients’ funds

Lawyers and paralegals should know the limits of their competence and should seek guidance and consultation when in doubt about how to proceed on a matter.

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Advice for Avoiding Advice for Avoiding Malpractice Suits Malpractice Suits (continued)(continued) If a client asks for advice or help in an

unsettled area of law, lawyers should be sure that the client understands that the advice or actions are not based on clear, well-defined law.

Lawyers and paralegals must honor rules on conflicts of interest, by maintaining good records of the matters they have worked on, conducting meticulous conflicts checks, and carefully following related rules on accepting matters, protecting client confidentiality, and adhering strictly to ethical screens.

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Advice for Avoiding Advice for Avoiding Malpractice Suits Malpractice Suits (continued)(continued)Lawyers should create a firm culture that is

characterized by high ethical standards, including promoting quality work, knowing and following ethics rules and high levels of performance, identifying and addressing problems that may lead to substandard work, and supporting continuing education of lawyers, paralegals, and staff.

Finally, law firms should have good management systems and well-trained personnel in place

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Attorney ReviewAttorney ReviewThis is the responsibility of

supervising attorneys to review work of paralegals.