Competence, Diligence and Client Communication
Competence is a standard, not a credential
Competence means the knowledge, skill, thoroughness and preparation reasonably necessary for the matter, plus the practical ability to run it: time, resources and supervision. Diligence means pursuing the matter with reasonable promptness and keeping the client informed. Both are measured objectively.
Concepts
- Scope limits: competence in one field does not carry over; step in, associate or refer.
- Supervision: principals are responsible for systems ensuring trainees and staff are competent and supervised; unsupervised delegation of complex work is a breach.
- Communication: report significant developments, respond promptly, explain options and costs in plain terms, and confirm major instructions in writing.
- Informed decisions: the client decides objectives and major strategy; the lawyer advises. Failing to convey a settlement offer or a limitation risk is a classic breach.
- Files and diaries: limitation dates, follow-ups and a reliable bring-forward system are competence issues, not mere administration.
- Continuing competence and impairment: recognise your own limits, seek help, and manage a colleague's incapacity.
Traps
Equating competence with seniority; assuming a specialist cannot be negligent because the area is niche; failing to tell the client promptly about your own error, which compounds the breach; thinking a supervisor escapes liability because the trainee 'should have known'.
Worked example
A general practitioner accepts a complex tax dispute. Two weeks before the deadline he realises he is out of his depth. The competent response is to tell the client immediately, recommend specialist counsel with the client's consent, and either transfer the file or work jointly - not to file a rushed, inadequate appeal.
Rule of thumb: if you would not be comfortable explaining your preparation to a respected peer, you are not yet competent for that task.