Competence & Malpractice · 6-12% of the exam

Night-before checklist

Chapter 11 · 7 items

Six things to keep straight the night before:

Competence requires legal knowledge, skill, thoroughness, and preparation (KSTP) as the matter demands — often a general practitioner's proficiency; a newly admitted lawyer can be as competent as a veteran; client consent is no defense.
Among other routes, a competence gap closes by associating or consulting with competent counsel, necessary study or reasonable preparation, or, failing those, reasonably necessary emergency advice or assistance; Rule 1.1 counts none of them.
Retaining or contracting with a lawyer outside the firm is the separate step carrying the reasonable-belief and informed-consent duties; what the client may be billed for study time is a Rule 1.5(a) question.
Technology currency belongs to Rule 1.1 through Comment [8]: a lawyer should understand the benefits and risks of the relevant technology used in the representation.
A single act of neglect suffices for Rule 1.3 discipline, and a single misleading status communication suffices under Rule 1.4(a)(3) and Rule 8.4(c); no pattern is required.
Rule 1.3 Comment 5: diligence may require sole practitioners to keep a succession plan designating a lawyer to review files, notify clients, and determine any immediate protective action; writing is prudence, not rule text.
Discipline requires no harm; malpractice requires actual harm and but-for causation — read the call of the question to know which track applies.

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