An attorney had been practicing in family law for five years, but he decided to expand his work by accepting personal injury cases. After several seminars to refresh his knowledge of torts and personal injury law, the attorney accepted a client’s personal injury case arising from a car-pedestrian accident. After the defendant’s insurance company rejected the claim, the attorney filed a lawsuit. Three weeks later, the client was hospitalized with severe pain, and his doctors determined the client had an infection that resulted from emergency room treatment immediately after the car-pedestrian accident. After learning of this development, the attorney immediately filed suit against the emergency room doctor, and neither discussed the case with his client, nor investigated any facts. What Model Rules has the attorney violated?
Explanation
Answer: A - The rule regarding consultation with the client and the rule prohibiting frivolous lawsuits. Rule on consultation and scope of authority: “[A] lawyer shall abide by a client’s decisions concerning the objectives of representation and . . . shall consult with the client as to the means by which they are to be pursued.” Model Rule 1.2(a). Rule on frivolous lawsuit: A lawyer may not bring or defend a lawsuit without a basis in law and fact, such that the suit or defense is not frivolous. Model Rule 3.1. Rule on competence: “A lawyer shall provide competent representation to a client,” which “requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Model Rule 1.1. With study and preparation, a lawyer who is not competent in an area can become competent. Id., comments 1 and 2. Answer A is the best choice because the attorney filed the lawsuit against the emergency room doctor without discussing it with the client and without investigating the facts of the emergency room treatment. The attorney has not violated the rule on competency because he attended seminars to refresh his knowledge of torts and personal injury cases. Thus, Answers B, C, and D cannot be correct.
