Beyond The Model Rules - Thomas M. Cooley Law School

2009] BEYOND THE MODEL RULES 613the Model Rules, a surprising commonality between Lincoln and modernattorneys becomes apparent. Although so much of the legal environmentwas different in Lincoln’s day, the same cannot be said for the definition ofethical conduct. The aspirational principles implicitly informing the ModelRules, though conspicuously omitted, were consistently evident inLincoln’s actions. Ironically, this astute moral quality did not result fromLincoln’s desire to be a paragon of virtue. In fact, Lincoln did not seehimself as aspiring beyond the black-letter rules at all, simply because theserules did not exist at the time. He simply did what he thought a goodlawyer should do. By linking some of the major Model Rules withdocumented cases and situations from Lincoln’s practice, we can examinehow Lincoln’s actions would not only have complied with today’s rules butwould have exceeded them. These cases and their connection tocontemporary standards of conduct, illustrated below, are not onlyinstructive but, hopefully, inspiring to today’s lawyers.A. Model Rules 1.1 and 1.3—Competence and DiligenceTwo of the most fundamental of the Model Rules are, interestingly,also two of the most succinct. Rule 1.1 (Competence Rule) states: “Alawyer shall provide competent representation to a client. Competentrepresentation requires the legal knowledge, skill, thoroughness andpreparation reasonably necessary for the representation.” 128 In commonparlance, a competent person is adequate but not exceptional. 129 Severalcomments to the Competence Rule reinforce this view:[2] A lawyer need not necessarily have special training orprior experience to handle legal problems of a type whichthe lawyer is unfamiliar. . . . A lawyer can provideadequate representation in a wholly novel field throughnecessary study.. . . .[4] A lawyer may accept representation where the requisitelevel of competence can be achieved by reasonablepreparation.[5] Competent handling of a particular matter includes . . .adequate preparation.128. MODEL RULES OF PROF’L CONDUCT R. 1.1 (2008).129. MERRIAM WEBSTER’S COLLEGIATE DICTIONARY 234-35 (10th ed. 1993).