HOW DO I KNOW IF MY ATTORNEY KNOWS WHAT THEY’RE DOING?
*** This information is provided subject to Litteral LLP’s Terms & Notices and is presented solely for informational purposes. Because this information is general in nature, it should not be relied upon or treated as legal advice or a substitute for legal advice. This information is presented in accordance with Litteral LLP’s aim of enhancing access to the law. Litteral LLP expresses no opinion as to the merits of a particular case or a particular set of facts.***
The selection of an attorney is one of the most important decisions someone can make in addressing a legal matter. In an era where attorney advertising is widespread, it can be hard to know which attorney is a good fit. Given the importance of the choice of an attorney it is useful for any potential client to make an independent investigation and evaluation of any attorney being considered. As a baseline, it is essential that an attorney has the knowledge and skill reasonably necessary for the representation.
In fact, this is central to a lawyer’s responsibility under California’s Rules of Professional Conduct. The first rule requires that attorneys “perform legal services with competence.” In providing legal services, “competence” means applying “the (i) learning and skill, and (ii) mental, emotional, and physical ability reasonably necessary for the performance of such service.”
Attorneys that do not initially have such learning and skill may “nonetheless provide competent representation by (i) associating with or, where appropriate, professionally consulting another lawyer whom the lawyer reasonably believes to be competent, (ii) acquiring sufficient learning and skill before performance is required, or (iii) referring the matter to another lawyer whom the lawyer reasonably believes to be competent.” Additionally, attorneys have a “duty to keep abreast of the changes in the law and its practice.”
Any independent evaluation of an attorney for a potential matter could include questions regarding an attorney’s competence. There are a range of potential questions, but some might include asking:
How long has the attorney been in practice?
Has the attorney handled a similar matter previously?
If the attorney has handled the matter previously, what is their experience in handling those matters?
If the matter might involve litigation, what is their win-loss record on summary judgment? Have they gone to trial? If so, what is their win-loss record?
If the matter involves preparing a contract, have they previously prepared a contract? If so, under what circumstances? Have any provisions of their contracts been invalidated by a court?
What procedures does the attorney follow for keeping abreast of any changes in law?
Does the attorney foresee working with other attorneys during representation?
After retaining an attorney, the client’s right to competent representation is ongoing and one of many client rights underlying an attorney’s duties under the Rules of Professional Conduct. Any individual considering legal recourse should consult a qualified attorney who can evaluate the applicable laws, relevant legal developments, and specific facts of a given case.
*** This information is provided subject to the disclaimer above and Litteral LLP’s Terms & Notices.***