Ala. S. Att'y Discip., SECTION II, C, Standard 4.0, Standard 4.5

As amended through October 30, 2024
Lack of Competence

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 3.0, the following discipline is generally appropriate in cases involving failure to provide competent representation to a client:

4.51. Disbarment is generally appropriate when a lawyer's course of conduct demonstrates that the lawyer does not understand the most fundamental legal doctrines or procedures, and the lawyer's conduct causes injury or potential injury to a client.

4.52. Suspension is generally appropriate when a lawyer engages in an area of practice in which the lawyer knows he or she is not competent, and causes injury or potential injury to a client.

4.53. Public reprimand is generally appropriate when a lawyer:

(a) Demonstrates failure to understand relevant legal doctrines or procedures and causes injury or potential injury to a client; or

(b) Is negligent in determining whether he or she is competent to handle a legal matter and causes injury or potential injury to a client.

4.54. Private reprimand is generally appropriate when a lawyer engages in an isolated instance of negligence in determining whether he or she is competent to handle a legal matter, and causes little or no actual or potential injury to a client.

Ala. S. Att'y Discip., SECTION II, C, Standard 4.0, Standard 4.5