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Pages:
1 page/≈275 words
Sources:
Level:
APA
Subject:
Law
Type:
Coursework
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 5.18
Topic:
The Four Elements of Competence (Coursework Sample)
Instructions:
Paper details: 1. Name the four elements of competence, and explain
how each element could be proven.
2. What does it mean to be mentally competent? What are some common
impairments that make legal professionals not mentally competent? What
can you do to address those impairments in yourself and in others?
3. Aside from a cause of action in negligence, what other causes of
action might we see filed against an incompetent lawyer by a client?
4. How can lawyers become “specialists”? How about paralegals?
Content:
Law
Name
Institution
Law
The four elements of competence include duty, breach, causation and damage. Duty can be proved through the existence of the client/attorney relationship; Breach is proved by acts constituting negligence; Causation can be proved by omissions that are the direct cause of damage; and damage by the actual damages (Orlik, 2013).
Mental competence is the key to rational decision making. From the legal perspective the concern is whether a person has sufficient competence to take some significant steps that have legal consequences. In the legal world, competence is the legal is the legal knowledge and skill required for representation, preparation and thoroughness. Unfortunately usage of drugs and alcohol due stress in the legal world has led to many lawyers to be incompetent. Lawyers violating the regulations requiring a lawyer to offer competent representation for their clients should face disciplinary actions from the disciplinary authority and if any harm has been caused to the clients then they should be compensated (Orlik, 2013).
Aside from a cause of action in negligence, the client may file for other causes of action against the incompetent lawyer. The client might bring a breach of contract claim or calendaring error claim that arises from the lawyer making date entry errors, failure to use file review dates, absence of back up calendar and...
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