Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipMedium
A lawyer begins representing a new client in a complex environmental lawsuit. The lawyer has no prior experience with environmental law but agrees to represent the client after conducting some preliminary research and believing the matter is manageable. To ensure competence, the lawyer plans to associate with an experienced environmental law specialist, conduct extensive research, and dedicate significant time to learning the relevant legal principles. Is the lawyer's approach to competence ethically permissible?
- AYes, as long as the client is fully informed of the lawyer's lack of experience in environmental law.
- BYes, provided the lawyer reasonably believes the matter can be handled competently through preparation and association with a specialist.
- CNo, because a lawyer must possess the requisite legal knowledge and skill at the outset of the representation.
- DNo, because associating with a specialist is not sufficient if the lawyer personally lacks foundational knowledge.
Show answer & explanationAnswer & explanation
Correct answer: B. Yes, provided the lawyer reasonably believes the matter can be handled competently through preparation and association with a specialist.
A lawyer can competently represent a client in a new area of law if the lawyer acquires the necessary knowledge and skill through study, research, or by associating with a lawyer competent in the field, provided such measures are reasonable and can be undertaken without undue delay or expense to the client.
Why the other options are wrong
- A. While informing the client is good practice, it alone does not make the representation competent without the lawyer actually acquiring the necessary expertise.
- C. This statement is too absolute; competence can be acquired during representation.
- D. Associating with a specialist is explicitly one of the permissible ways to achieve competence.
Competence in New Areas
A lawyer can provide competent representation in a new area of law if they acquire the necessary knowledge and skill through reasonable preparation, study, or by associating with a lawyer competent in the field.
- Competence can be acquired through reasonable preparation.
- Association with competent counsel is a valid method.
- Client must not be prejudiced by the learning curve.
Memory trick: Learn, Link, Lead: You can gain competence.