Reduced Malpractice and Augmented Competence: a Proposal
| Jurisdiction | Colorado,United States |
| Citation | Vol. 12 No. 9 Pg. 1444 |
| Pages | 1444 |
| Publication year | 1983 |
1983, September, Pg. 1444. Reduced Malpractice and Augmented Competence: A Proposal
In these times of increasing professional malpractice, both legal and medical communities are coming under fire from consumers to provide them competent assistance in the handling of their affairs. From a legal point of view, what guidelines may the attorney use to help him determine what represents competence and incompetence? Also, what may be done to improve the present level of competence which is being asked of the attorney?
A preliminary answer may be found in Canon 6 of the Code of Professional Responsibility ("Code"): "A lawyer should represent a client competently."(fn1) The Code indicates that the guidelines are quite broad as to what is really meant by competence. DR 6--101 states:
(A) A lawyer shall not:
(1) Handle a legal matter which he knows or should know that he is not competent to handle, without associating with him a lawyer who is competent to handle it.
(2) Handle a legal matter without preparation adequate in the circumstances.
The ethical considerations ("EC") are only somewhat more enlightening. EC 6-1 states(3) Neglect a legal matter entrusted to him.
Because of his vital role in the legal process, a lawyer should act with competence and proper care in representing his clients. He should strive to become and remain proficient in his practice and should accept employment only in matters which he is or intends to become competent to handle.
Thus, there is ethically a duty to remain competent on the part of every attorney practicing in Colorado. It has been estimated that as much as 95 percent of malpractice claims and as much as 50 percent of disciplinary proceedings could be averted by appropriate attention to competence in the legal community.(fn2) How then is competence assured to the consumer of legal services?
Ethical considerations under Canon 6 give some overview of measures that attorneys may use to insure the duty of competence. EC 6-2 states:
A lawyer is aided in attaining and maintaining his competence by keeping abreast of current legal literature and developments, participating in continuing legal education programs, concentrating in particular areas of the law, and by utilizing other available means. He has the additional ethical obligation to assist in improving the legal profession, and he may do so by participating in bar activities intended to advance the quality and standards of members of the profession. . . . In short, a lawyer should strive at all levels to aid the legal profession in advancing the highest possible standards of integrity and competence and to meet those standards himself.
Continuing Legal Education
Rule 260 of the Colorado Rules of Civil Procedure sets out mandatory continuing legal education ("CLE") as a method to effectuate the fulfillment of ethical obligations. Above and beyond the basic requirement for mandatory CLE, Rule 260.2 emphasizes ethics:
The content and form of continuing education has been given a wide breadth of possibilities, with the following goals noted in Rule 260.4(2) At least two of the 45 units will be devoted to continuing legal education specifically addressed to legal or judicial ethics.
(1) Continuing legal education must be educational activity which has as its primary objective the increase of professional competence of registered attorneys and judges....
(2) Formal classroom instruction or educational seminars which meet the requirements of Paragraph (1) above lend themselves very well to the fulfillment of...
To continue reading
Request your trial