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Rule and Commentary Outlining Competency of Kentucky Lawyers

KENTUCKY BAR ASSOCIATION
RULES OF THE SUPREME COURT OF KENTUCKY
PRACTICE OF LAW
SCR 3.130(1.1) Competence
A lawyer shall provide competent representation to a client. Competent representation
requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the
representation.
HISTORY: Adopted by Order 89-1, eff. 1-1-90
Commentary
Supreme Court
1989:
Legal Knowledge and Skill
[1] In determining whether a lawyer employs the requisite knowledge and skill in a
particular matter, relevant factors include the relative complexity and specialized nature of the
matter, the lawyer's general experience, the lawyer's training and experience in the field in
question, the preparation and study the lawyer is able to give the matter and whether it is feasible
to refer the matter to, or associate or consult with, a lawyer of established competence in the field
in question. In many instances, the required proficiency is that of a general practitioner.
Expertise in a particular field of law may be required in some circumstances.
[2] A lawyer need not necessarily have special training or prior experience to handle legal
problems of a type with which the lawyer is unfamiliar. A newly admitted lawyer can be as
competent as a practitioner with long experience. Some important legal skills, such as the
analysis of precedent, the evaluation of evidence and legal drafting, are required in all legal
problems. Perhaps the most fundamental legal skill consists of determining what kind of legal
problems a situation may involve, a skill that necessarily transcends any particular specialized
knowledge. A lawyer can provide adequate representation in a wholly novel field through
necessary study. Competent representation can also be provided through the association of a
lawyer of established competence in the field in question.
[3] In an emergency a lawyer may give advice or assistance in a matter in which the
lawyer does not have the skill ordinarily required where referral to or consultation or association
with another lawyer would be impractical. Even in an emergency, however, assistance should be
limited to that reasonably necessary in the circumstances, for ill considered action under
emergency conditions can jeopardize the client's interest.
[4] A lawyer may accept representation where the requisite level of competence can be
achieved by reasonable preparation. This applies as well to a lawyer who is appointed as
counsel for an unrepresented person. See also Rule 6.2.
Thoroughness and Preparation
[5] Competent handling of a particular matter includes inquiry into and analysis of the
factual and legal elements of the problem, and use of methods and procedures meeting the
standards of competent practitioners. It also includes adequate preparation. The required
attention and preparation are determined in part by what is at stake; major litigation and complex
transactions ordinarily require more elaborate treatment than matters of lesser consequence.
Maintaining Competence
[6] To maintain the requisite knowledge and skill, a lawyer should engage in continuing
study and education. If a system of peer review has been established, the lawyer should
consider making use of it in appropriate circumstances.