Paralegal PCCE CORE Test Prep

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Which of the following is NOT a factor to be considered in determining whether a lawyer is competent to handle a particular matter?
  1. The length of time the lawyer has been practicing law.
  2. The complexity and specialized nature of the matter.
  3. The lawyer’s general experience.
  4. The lawyer’s training and experience in the underlying subject matter.
Explanation
Answer: A - The length of time the lawyer has been practicing law. The factors to consider when determining whether a lawyer is competent to handle a particular matter include, among other factors: (1) the complexity and specialized nature of the matter; (2) the lawyer’s general experience; (3) the lawyer’s training and experience in the underlying subject matter; (4) the preparation and study the lawyer can devote to the matter; (5) whether it is feasible to associate with another lawyer who is competent in the area. Model Rule 1.1, comment 1. “A lawyer need not necessarily have special training or prior experience to handle a legal problem of a type with which the lawyer is unfamiliar.” Model Rule 1.1, comment 2. Answer A is the best choice because length of time as a practicing lawyer is not considered a factor.
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