The Arkansas Rules of Professional Responsibility require attorneys to provide competent representation to a client. Competence requires a combination of legal knowledge, skill, thoroughness, and preparation.
There are several factors that determine whether a lawyer has the necessary knowledge and skill to handle a particular case. Questions that all lawyers should ask themselves are: how complex or specialized is this case? Am I experienced enough to handle this case? Do I have any special training or experience in this particular area of law? Should I talk to an attorney who is an expert in this field? The most important question is whether the attorney has the time to devote to research and study. A law license shows the world that an attorney is competent to practice law. If the attorney has the time to study, then the attorney has the knowledge and skill to take the case.
A lawyer has to thoroughly investigate the facts and applicable law to any situation. The lawyer must adequately prepare. Maintaining the competence that Rule 1.1 requires is a matter of continual study of changes in the law and fulfilling the requirements of continuing legal education (CLE). How do I do that?
Every Thursday the Arkansas Judiciary publishes the latest Appeals Court and Supreme Court cases. I review those cases each week, and as you can probably see, I type a short blog entry on one or two of them. I read the local legal news so that I know what laws are being passed and what other judges are doing. For example, I posted a link on my website to a story where a Judge decided it was ok for a church affiliated school to obtain financing by bonds. And of course I keep up with my CLEs.
Next week: Rule 1.2 - Scope of Representation and Allocation of Authority Between Client and Lawyer (Part 1)
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