---
title: "Duty of Competence"
type: Legal Term
source: https://casebriefly.com/legal-terms/duty-of-competence
---

# Duty of Competence

Under Model Rule 1.1, a lawyer must provide competent representation to a client, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Competence is measured objectively and encompasses not only subject-matter expertise but also adequate investigation, research, and analysis. A lawyer who lacks competence in a particular area may still take the case if they can acquire the necessary knowledge through reasonable study or by associating with a competent co-counsel. Failure to meet this standard is one of the most common bases for attorney discipline and legal malpractice claims.

## Related Terms

- duty-of-diligence
- malpractice-legal
- duty-to-supervise
- informed-consent-ethics

## Related Cases

- marbury-v-madison

## Example

A real estate attorney who agrees to handle a complex patent infringement case without studying patent law or associating with a patent specialist has breached the duty of competence under Rule 1.1.

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Source: [Duty of Competence — CaseBriefly](https://casebriefly.com/legal-terms/duty-of-competence)