Chapter Seven
Competence
In this chapter, you will learn about:
 Definitions of lawyer and paralegal
competence
 Key components of competence for
paralegals
 Sanctions for incompetence
 Trends in malpractice
 Avoiding malpractice
 Factors in the work environment that affect
competence
Definition of Competence
Legal knowledge, skill, thoroughness, and
preparation
 Reasonable diligence and promptness
 Communication with clients to keep them
informed about the status of their matters, to
comply with reasonable requests for
information, and to explain matters so that
clients can make informed decisions

Malpractice

Improper conduct in the performance of
duties by a professional, either
intentionally or through negligence
Most Common Bases for
Malpractice Claims
Substantive incompetence
 Management incompetence
 Poor communication skills and practices
 Fee misunderstandings
 Substance abuse and stress

Advice for Avoiding Malpractice
Suits
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Use carefully drafted letters of engagement as
well as letters terminating or declining
representation
Clients should be selected carefully
Lawyers and clients should enter into complete
and well-drafted fee agreements for each
representation
Clients should be charged reasonable fees that
are in accord with fee agreements
Clients’ phone calls and e-mails should be
returned promptly
Page 1 of 4
Advice for Avoiding Malpractice
Suits (continued)
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Lawyers and paralegals should listen to clients
carefully and try to understand their goals and
expectations
Lawyers should exercise independent judgment on
clients’ behalf and should respect clients’ decisions
Lawyers and paralegals should be scrupulous in the
handling of clients’ funds
Lawyers and paralegals should know the limits of
their competence and should seek guidance and
consultation when in doubt about how to proceed
on a matter.
Page 2 of 4
Advice for Avoiding Malpractice
Suits (continued)
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If a client asks for advice or help in an unsettled area of
law, lawyers should be sure that the client understands
that the advice or actions are not based on clear, welldefined law.
Lawyers and paralegals must honor rules on conflicts of
interest, by maintaining good records of the matters
they have worked on, conducting meticulous conflicts
checks, and carefully following related rules on accepting
matters, protecting client confidentiality, and adhering
strictly to ethical screens.
Slide 3 of 4
Advice for Avoiding Malpractice
Suits (continued)
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Lawyers should create a firm culture that is
characterized by high ethical standards, including
promoting quality work, knowing and following ethics
rules and high levels of performance, identifying and
addressing problems that may lead to substandard work,
and supporting continuing education of lawyers,
paralegals, and staff.
Finally, law firms should have good management systems
and well-trained personnel in place
Slide 4 of 4
Attorney Review

This is the responsibility of supervising
attorneys to review work of paralegals.