Multistate Professional Responsibility Exam Practice Question
Erica’s longtime client asked her to manage a complex software patent dispute. Erica had not handled a patent matter in many years, and she did not seek advice from other counsel. She prepared the key documents with limited research and overlooked a critical element of the claim, causing a significant disadvantage to the client. Which statement best describes her professional duty in this scenario?
Her past work in related practice areas years ago was enough to fulfill professional requirements in this situation.
Her longstanding client relationship excused the lack of thorough research since the client was used to her approach.
There is no liability concern.
She should have associated with, or consulted, an experienced attorney or otherwise acquired adequate knowledge prior to filing.
The professional rules obligate attorneys to maintain the necessary skill and knowledge for each client’s matter. This means undertaking sufficient study or associating with counsel proficient in the field. If an attorney takes on work in an area they have not practiced in some time, they must refresh their knowledge or consult competent sources. The correct answer addresses that requirement. Other nuances, such as the client’s approval of the attorney’s self-study or the assumption that general experience is enough, do not align with the rule requiring an adequate level of competence in a specific area of law.
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Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability