Ethics/Professional Responsibility
Sep. 11, 2017
Competence and (introducing) diligence (Rules 1.1 & 1.3)
See more on Competence and (introducing) diligence (Rules 1.1 & 1.3)If the Supreme Court accepts the bar’s recommendation, for the first time, California will have a diligence rule. And remember: Diligence and competence are not the same thing. By Richard Zitrin
Richard A. Zitrin
PrincipalEmail: richard@zitrinlawoffice.com
Richard is a professor at UC Hastings. He is the lead author of three books on legal ethics, including "The Moral Compass of the American Lawyer," and the 4th edition of "Legal Ethics in the Practice of Law."
PROPOSED RULES OF PROFESSIONAL CONDUCT
Since 1989, the California ethics rule on competence has read, “A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.” A simple enough statement.
The original Commission on the Revision of the Rules left this language intact. But this first commission added Comment, paragraph 6, which...
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