MRPC Rule 1.1

A lawyer shall provide competent representation to a client. A lawyer shall not:

(a) handle a legal matter which the lawyer knows or should know that the lawyer is not

competent to handle, without associating with a lawyer who is competent to handle it;

(b) handle a legal matter without preparation adequate in the circumstances; or

(c) neglect a legal matter entrusted to the lawyer.

Michigan Rules of Professional Conduct 9 Updated with MSC order(s)

Legal Knowledge and Skill.

In determining whether a lawyer is able to provide competent representation 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.

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.

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.

A lawyer may offer 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.

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 elaborate treatment than matters of lesser consequence.

Maintaining Competence.

To maintain the requisite knowledge and skill, a lawyer should engage in continuing study and

education, including the knowledge and skills regarding existing and developing technology that

are reasonably necessary to provide competent representation for the client in a particular matter.

If a system of peer review has been established, the lawyer should consider making use of it in

appropriate circumstances.