Law 20 Competence

Legal Education o Attorneys o Law school: 3-4 years o Bar Examination o Moral Character o Continuing Education requirements o Paralegals o Continuing Education o NALA – Certified Legal Assistant/Paralegal (CLA/CP) o NFPA - PACE 2

Competence o Legal knowledge, skill, thoroughness, preparation o Reasonable diligence and promptness o Communication with clients 3

Knowledge o Appropriate formal education o Specialization o Intellectual Property o Estate Planning o Family Law o Litigation 4

Skills o Refers to execution of tasks o Drafting and analyzing documents o Summarizing information o Handling procedural matters o Gathering and organizing information o Conducting legal research 5

Thoroughness and Preparation o Be careful and complete o Information gathering o Analysis o Application of judgment o Actions o Preparation o Organizing documents and other information before trial o Drafting documents 6

Diligence and Promptness o Must be timely and attentive to the legal matter o Statutes of Limitations 7

Communication with Clients o Return phone calls and s promptly 8

Sanctions for Incompetence o Incompetence: failure to exercise the level of care commonly observed in other professionals o Malpractice o Insurance o Disciplinary proceedings o Most common bases for malpractice claims: o Substantive incompetence o Management incompetence o Poor communication skills and practices o Fee misunderstandings o Substance abuse and stress 9

Avoiding Malpractice o Draft letters of engagement or letters terminating or declining representation o Limit the extent and nature of the representation and the expectations and responsibilities of the law firm and the client o Clearly indicate that the lawyer is not guaranteeing a particular outcome o Select clients carefully o Avoid difficult personalities and questionable cases o Fee agreements should be complete and well-drafted o Charge reasonable fees in accord with the fee agreement o Return phone calls and s promptly o Listen to clients to understand their goals and expectations o Exercise independent judgment o Have good management systems o Conflicts checking o Calendaring o Protect client confidentiality o Billing and time keeping o Managing client trust accounts o Handle clients’ funds scrupulously o Know limits of your competence 10

Factors Affecting Paralegal Competence o Lack of attorney supervision o Heavy workload o Low level of competence for tasks that are delegated by attorney 11