A lawyer is representing a client in a complex real estate transaction that requires specialized knowledge of environmental regulations. The lawyer has a general background in real estate law but lacks specific expertise in the relevant environmental area. The lawyer informs the client of this limitation and proposes to associate with an environmental law specialist. The client agrees to this arrangement. Is the lawyer acting competently under the Model Rules of Professional Conduct?
- AYes, but only if the associated environmental law specialist is from a different law firm.
- BNo, a lawyer must personally possess all necessary competence for a matter and cannot rely on associating with other counsel.
- CYes, because the lawyer has informed the client of the limitation and is taking reasonable steps to acquire the necessary competence.
- DNo, because the lawyer should decline the representation entirely if they lack initial competence.
Show answer & explanationAnswer & explanation
Correct answer: C. Yes, because the lawyer has informed the client of the limitation and is taking reasonable steps to acquire the necessary competence.
Model Rule 1.1 on Competence states that a lawyer must provide competent representation. If a lawyer does not have the necessary knowledge or skill, they can become competent by associating with a lawyer of established competence in the field, or by conducting necessary study. Informing the client and seeking to associate with a specialist is a proper way to achieve competence.
Why the other options are wrong
- A. The rule does not require the associated counsel to be from a different firm; the key is established competence and client consent.
- B. Rule 1.1 explicitly allows for a lawyer to become competent through association with other counsel or necessary study.
- D. Declining representation is an option, but not required if competence can be reasonably acquired, for example, through association.
Competence Through Association
A lawyer who lacks competence in a particular area of law may nevertheless undertake representation if they can acquire the necessary competence through reasonable preparation, or by associating with a lawyer who is competent in the field, provided the client gives informed consent.
- Competence can be acquired, not just pre-existing.
- Association with competent counsel is a valid method.
- Client informed consent is crucial for association.
Memory trick: Competence isn't just knowing, it's also knowing how to learn or who to call.