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MPRE.Rule1.1 Legal · MPRE / Bar

Competence — Model Rule 1.1

Node 1 of 8 in MPRE

Objectives

  • Identify the key rules and §§ that apply to competence — model rule 1.1.
  • Apply the MPRE.Rule1.1 knowledge element in a typical exam scenario.
  • Recognize common distractors and partial-credit answers.

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MPRE.Rule1.1 · MPRE.Rule1.2 · MPRE.Rule1.3 · MPRE.Rule1.4

Competence — Model Rule 1.1

MPRE · Client-Lawyer Relationship (Rules 1.x) Model Rule 1.1 · Competence

**Rule 1.1 — Competence:** A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

**Comments:** • [1] Relevant factors: complexity and specialized nature of the matter, lawyer's general experience, training and experience in the field, preparation and study the lawyer is able to give, and feasibility of referral or association with a specialist. • [2] A newly-admitted lawyer can be as competent as a practitioner with long experience if the lawyer prepares. • [6] A lawyer should keep abreast of changes in the law and its practice, **including the benefits and risks associated with relevant technology** (added 2012; the 'duty of tech competence' adopted in 40+ states).

**Scope (Rule 1.2):** A lawyer shall abide by a client's decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means. In a criminal case, the client decides plea, jury trial, and whether to testify.

**Diligence (Rule 1.3):** A lawyer shall act with reasonable diligence and promptness in representing a client. Procrastination and neglect are the most common disciplinary triggers.

**Communication (Rule 1.4):** keep the client reasonably informed; promptly comply with reasonable requests for information; consult on means; explain so client can make informed decisions.

ABA Model Rule 1.1 & Comment [6] NY RPC 1.1

Check yourself

3 quick questions — no score kept, just formative feedback.

Tutor

Scoped to MPRE.Rule1.1 · MPRE.Rule1.2 · MPRE.Rule1.3 · MPRE.Rule1.4 .

  1. Ask questions about this passage. Answers cite the specific corpus chunk and regulation. The tutor will never reproduce real exam items.