The lawyer who proceeds on any other basis is not being honest with the client. A lawyer should not undertake a matter without honestly feeling competent to handle it, or being able to become competent without undue delay, risk or expense to the client. In some circumstances, expertise in a particular field of law may be required often the necessary degree of proficiency will be that of the general practitioner. (e) whether it is appropriate or feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. (d) the preparation and study the lawyer is able to give the matter and (c) the lawyer’s training and experience in the field (a) the complexity and specialized nature of the matter In deciding whether the lawyer has employed the requisite degree of knowledge and skill in a particular matter, relevant factors will include: For a discussion of the correct procedure in swearing an affidavit or taking a solemn declaration, see Appendix A to this Code. To accomplish this, the lawyer should keep abreast of developments in all areas of law in which the lawyer practises. Competence involves more than an understanding of legal principles: it involves an adequate knowledge of the practice and procedures by which such principles can be effectively applied. This rule addresses the ethical principles. Competence is founded upon both ethical and legal principles. Accordingly, the client is entitled to assume that the lawyer has the ability and capacity to deal adequately with all legal matters to be undertaken on the client’s behalf. As a member of the legal profession, a lawyer is held out as knowledgeable, skilled and capable in the practice of law.
#DUPE AWAY CODE PROFESSIONAL#
(k) otherwise adapting to changing professional requirements, standards, techniques and practices.ģ.1-2 A lawyer must perform all legal services undertaken on a client’s behalf to the standard of a competent lawyer. (j) pursuing appropriate professional development to maintain and enhance legal knowledge and skills and
(h) recognizing limitations in one’s ability to handle a matter or some aspect of it and taking steps accordingly to ensure the client is appropriately served (g) complying in letter and spirit with all rules pertaining to the appropriate professional conduct of lawyers (f) applying intellectual capacity, judgment and deliberation to all functions (e) performing all functions conscientiously, diligently and in a timely and cost-effective manner (d) communicating at all relevant stages of a matter in a timely and effective manner
(iii) application of the law to the relevant facts (c) implementing as each matter requires, the chosen course of action through the application of appropriate skills, including: (b) investigating facts, identifying issues, ascertaining client objectives, considering possible options and developing and advising the client on appropriate courses of action (a) knowing general legal principles and procedures and the substantive law and procedure for the areas of law in which the lawyer practises “competent lawyer” means a lawyer who has and applies relevant knowledge, skills and attributes in a manner appropriate to each matter undertaken on behalf of a client and the nature and terms of the lawyer’s engagement, including:
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