Rule Text
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Amendment history: Amended January 9, 2002, effective April 1, 2002; amended April 11, 2006, effective July 1, 2006; amended August 5, 2014, effective October 6, 2014; amended February 6, 2024, effective April 15, 2024. Attorney obligated to both court and client. — Difficult issues of professional discretion may arise within an ethical framework concerning an attorney’s duty as an officer of the court to honor the court’s orders and his duty to competently represent his client. Application of this concept, if given the correct circumstances, may prompt an attorney to act within the court’s wishes while also indirectly promoting his client’s best interests prior to obtaining consent or authority of his client. Condict v. Whitehead, Zunker, Gage, Davidson & Shotwell, P.C., 743 P.2d 880, 1987 Wyo. LEXIS 519 (Wyo. 1987). Frivolous lawsuit. — Where the matter was before the court upon a “Report and Recommendation to the Wyoming Supreme Court,” by the Board of Professional Responsibility for the Wyoming State Bar, by filing a suit against the Town of Saratoga which had no merit, the attorney violated Wyo. R. Prof. Conduct 1.1 and 3.1. Bd. of Prof’l Responsibility v. Fulton, 2006 WY 51, 133 P.3d 514, 2006 Wyo. LEXIS 61 (Wyo. 2006), reh’g denied, 2006 Wyo. LEXIS 76 (Wyo. June 6, 2006), cert. denied, 549 U.S. 955, 127 S. Ct. 406, 166 L. Ed. 2d 273, 2006 U.S. LEXIS 7548 (U.S. 2006). Settlement Funds. — Where matter was before the court upon a “Report and Recommendation to the Wyoming Supreme Court,” by the Board of Professional Responsibility for the Wyoming State Bar, by telling a client that the interest on the settlement funds was not taxable if the attorney kept those funds, the attorney violated Wyo. R. Prof. Conduct 1.1. Bd. of Prof’l Responsibility v. Fulton, 2006 WY 51, 133 P.3d 514, 2006 Wyo. LEXIS 61 (Wyo. 2006), reh’g denied, 2006 Wyo. LEXIS 76 (Wyo. June 6, 2006), cert. denied, 549 U.S. 955, 127 S. Ct. 406, 166 L. Ed. 2d 273, 2006 U.S. LEXIS 7548 (U.S. 2006). Suspension. — Where an attorney failed to diligently pursue two matters, one of which resulted in a default judgment being entered against a client, failed to return documents, and failed to return phone calls, he was suspended for one year for violating Wyo. R. Prof. Conduct 1.1, 1.3, 1.4. Bd. of Prof’l Responsibility v. McLaughlin, 2006 WY 67, 136 P.3d 158, 2006 Wyo. LEXIS 70 (Wyo. 2006). Violations. — Attorney violated Wyo. R. Prof. Conduct 1.1 by failing to appear at a motion to stay and bond hearing and by failing to appear at a bench trial and then a scheduling conference on another matter. Bd. of Prof’l Responsibility v. Cundy, 2008 WY 158, 201 P.3d 419, 2008 Wyo. LEXIS 166 (Wyo. 2008).
Committee Notes
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 with 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 extensive treatment than matters of lesser complexity and consequence. A lawyer and a client may agree, pursuant to Rule 1.2(c) or Rule 6.5, to limit the scope of the representation. In such circumstances, competence means the legal knowledge, skill, thoroughness and preparation reasonably necessary for the limited representation. Retaining or Contracting With Other Lawyers. [6] Before a lawyer retains or contracts with other lawyers outside the lawyer’s own firm to provide or assist in the provision of legal services to a client, the lawyer should ordinarily obtain informed consent from the client and must reasonably believe that the other lawyers’ services will contribute to the competent and ethical representation of the client. See also Rules 1.2 (allocation of authority), 1.4 (communication with client), 1.5(e) (fee sharing), 1.6 (confidentiality), and 5.5(a) (unauthorized practice of law). The reasonableness of the decision to retain or contract with other lawyers outside the lawyer’s own firm will depend upon the circumstances, including the education, experience and reputation of the nonfirm lawyers; the nature of the services assigned to the nonfirm lawyers; and the legal protections, professional conduct rules, and ethical environments of the jurisdictions in which the services will be performed, particularly relating to confidential information. [7] When lawyers from more than one law firm are providing legal services to the client on a particular matter, the lawyers ordinarily should consult with each other and the client about the scope of their respective representations and the allocation of responsibility among them. See Rule 1.2. When making allocations of responsibility in a matter pending before a tribunal, lawyers and parties may have additional obligations that are a matter of law beyond the scope of these Rules. Maintaining Competence. [8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. Definitional Cross-References “Reasonably” See Rule 1.0(i)
