Ethics for the legal professional Chapter 7

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? 5. What is "negligent disregard," and how can paralegals help lawyers overcome this challenge? 6. What are the defenses to a negligence claim? How can we prove those defenses? Is mental incompetence a defense to a negligence claim? 7. What is the statute of limitations in negligence actions? When does the statute begin to run? 8. Who can sue for professional negligence? 9. Can you be sued for negligent referral? How about lawyers in your state? 10. What is professional liability insurance, and why might you get it?