Ind. Prof. Cond. Rule 1.1

Effective January 1, 2018

A lawyer shall provide competent representation to a client. Competent representation

requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for

the representation.

Comment

Legal Knowledge and Skill

[1] In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of

the matter, the lawyer's general experience, the lawyer's training and experience in the

field in question, the preparation and study the lawyer is able to give the matter and

whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. In many instances, the required proficiency is

that of a general practitioner. Expertise in a particular field of law may be required in some

circumstances.

[2] A lawyer need not necessarily have special training or prior experience to handle legal

problems of a type with which the lawyer is unfamiliar. A newly admitted lawyer can be as

competent as a practitioner with long experience. Some important legal skills, such as the

analysis of precedent, the evaluation of evidence and legal drafting, are required in all

legal problems. Perhaps the most fundamental legal skill consists of determining what

kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge. A lawyer can provide adequate representation in a wholly

novel field through necessary study. Competent representation can also be provided

through the association of a lawyer of established competence in the field in question.

[3] In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required where referral to or consultation or association with another lawyer would be impractical. Even in an emergency, however,

assistance should be limited to that reasonably necessary in the circumstances, for ill-considered action under emergency conditions can jeopardize the client's interest.

[4] A lawyer may accept representation where the requisite level of competence can be

achieved by reasonable preparation. This applies as well to a lawyer who is appointed as

counsel for an unrepresented person. See also Rule 6.2.

Thoroughness and Preparation

[5] Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the

standards of competent practitioners. It also includes adequate preparation. The required

attention and preparation are determined in part by what is at stake; major litigation and

complex transactions ordinarily require more extensive treatment than matters of lesser

complexity and consequence. An agreement between the lawyer and the client regarding

the scope of the representation may limit the matters for which the lawyer is responsible.

See Rule 1.2(c).

Maintaining Competence

[6] To maintain the requisite knowledge and skill, a lawyer should keep abreast of

changes in the law and its practice, including the benefits and risks associated with the

technology relevant to the lawyer’s practice, engage in continuing study and education

and comply with all continuing legal education requirements to which the lawyer is subject.