Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipEasy
A client approaches a lawyer seeking representation in a complex intellectual property dispute. The lawyer has no prior experience in intellectual property law but is a highly competent litigator in other areas. The lawyer is confident that she can quickly learn the intricacies of IP law through self-study and consultation with colleagues. What is the lawyer's ethical obligation regarding competence in this situation?
- AThe lawyer may accept the representation immediately, as her general litigation skills are sufficient.
- BThe lawyer may accept the representation only if she associates with an IP law specialist.
- CThe lawyer may accept the representation if she can achieve the necessary competence through reasonable preparation.
- DThe lawyer must decline the representation because she lacks prior experience in intellectual property law.
Show answer & explanationAnswer & explanation
Correct answer: C. The lawyer may accept the representation if she can achieve the necessary competence through reasonable preparation.
A lawyer is not required to be an expert in all fields of law to accept a case. They can take on a matter if they can achieve the necessary competence through reasonable preparation, which can include study or association with a more experienced lawyer.
Why the other options are wrong
- A. General litigation skills alone are generally insufficient for a complex, specialized area like IP law without additional preparation.
- B. Association with a specialist is one way to achieve competence, but not the only way; self-study is also permissible.
- D. Declining is not strictly necessary if competence can be achieved, making this too restrictive.
Competence in New Areas
A lawyer may accept representation in a new area of law if they can achieve the necessary competence through reasonable study and preparation or by associating with a lawyer already competent in the field.
- Competence can be acquired.
- Reasonable preparation includes self-study.
- Association with a competent lawyer is an alternative.
Memory trick: Learn, Link, or Leave: A lawyer's ethical choice.