legal ethics handbook - Nova Scotia Barristers' Society

Chapter 2 – Competence
LEGAL ETHICS HANDBOOK
Rule
A lawyer has a duty to be competent to perform all legal services undertaken on behalf of a client. 1
Guiding Principles
A competent lawyer has relevant knowledge, skills and attributes and applies them in a manner appropriate to
each matter undertaken on behalf of a client, and within the reasonable parameters of the lawyer's experience
and the nature and terms of the lawyer's engagement. 2 Consequently, being competent requires the following:
i. knowing general legal principles and procedures, and substantive law and procedure for the areas of law in
which the lawyer practices; 3
ii. investigating facts, identifying issues, ascertaining client objectives, considering possible options, and
developing and advising the client as to appropriate courses of action;
iii. implementing the chosen course of action through the application of appropriate skills 4 including:
(a) legal research;
(b) analysis;
(c) application of the law to the relevant facts;
(d) writing and drafting;
(e) negotiation;
(f) advocacy;
(g) problem solving
iv. establishing and maintaining an appropriate lawyer-client relationship, including managing client expectations; 5
v. communicating in a timely and effective manner at all stages of the matter; 6
vi. performing all functions conscientiously, diligently, and in a timely and cost effective manner; 7
vii. complying in letter and in spirit with the Legal Ethics Handbook;
viii. recognizing limitations in one's ability or capacity to handle a matter, or some aspect of it, and taking steps
accordingly to ensure the client is appropriately served;
ix. managing one's practice effectively; 8
x. pursuing appropriate professional development to maintain and enhance legal knowledge and skills; and
xi. otherwise adapting to changing professional requirements, standards, techniques, and practices.
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