What does the duty of competence require from lawyers?

The duty of competence requires lawyers to provide legal services with the requisite skill and knowledge that an attorney of ordinary skill and capacity would possess. When a lawyer encounters a situation in which they lack the necessary knowledge or experience, the ethical obligation may involve declining the case unless they can reasonably acquire that competence through adequate preparation, study, or consultation with another lawyer who has the necessary experience.

Declining cases in areas of law they do not understand aligns directly with this duty. This helps maintain the integrity of the legal profession and ensures that clients receive informed representation, which is essential for effective legal advocacy. It safeguards clients from potential harm that could arise from inadequate representation. The duty of competence does not require attorneys to accept every case that comes their way, especially if they are not proficient in that area of law.

In contrast, representing clients completely and effectively, accepting all assignments, or ensuring that clients always win are more about the outcomes of representation or client management rather than the foundational principle of maintaining adequate competence in legal matters, which is the primary focus of the duty of competence.