Current Rules
Rules of Professional Conduct
Rule
3-110 Failing
to Act Competently
(A) A member shall not
intentionally, recklessly, or repeatedly fail to perform legal services with
competence.
(B) For purposes of this rule,
"competence" in any legal service shall mean to apply the 1)
diligence, 2) learning and skill, and 3) mental, emotional, and physical
ability reasonably necessary for the performance of such service.
(C) If a member does not have
sufficient learning and skill when the legal service is undertaken, the member
may nonetheless perform such services competently by 1) associating with or,
where appropriate, professionally consulting another lawyer reasonably believed
to be competent, or 2) by acquiring sufficient learning and skill before
performance is required.
Discussion:
The duties set forth in rule 3-110
include the duty to supervise the work of subordinate attorney and non-attorney
employees or agents. (See, e.g., Waysman
v. State Bar (1986) 41 Cal.3d 452; Trousil v. State Bar (1985) 38 Cal.3d 337, 342 [211 Cal.Rptr. 525]; Palomo v. State Bar (1984) 36 Cal.3d 785 [205 Cal.Rptr. 834];
Crane v. State Bar (1981) 30 Cal.3d 117, 122; Black v. State Bar (1972) 7 Cal.3d 676, 692
[103 Cal.Rptr. 288;
499 P.2d 968]; Vaughn v. State
Bar (1972) 6 Cal.3d 847, 857-858 [100 Cal.Rptr.
713; 494 P.2d 1257]; Moore v. State Bar (1964) 62 Cal.2d 74, 81
[41 Cal.Rptr. 161;
396 P.2d 577].)
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 with another lawyer would
be impractical. Even in an emergency,
however, assistance should be limited to that reasonably necessary in the
circumstances. (Amended
by order of Supreme Court, operative September 14, 1992.)