Rule Text (verbatim from The Florida Bar)
A lawyer must provide competent representation to a client.
Competent representation requires the legal knowledge, skill,
thoroughness, and preparation reasonably necessary for the
representation.
Educational reference. This page summarizes a Florida Rule of Professional Conduct for educational purposes. The rule text and Comment are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary and any commentary are the opinion of Phillips, Hunt & Walker and are general information only — not legal advice. Reading this page does not create an attorney-client relationship. If you believe a Florida lawyer has violated this rule, you can file a complaint with The Florida Bar at floridabar.org. Past results do not guarantee a similar outcome.
What this rule means in plain English
Florida lawyers are required to give you competent representation — meaning the legal knowledge, skill, thoroughness, and preparation reasonably necessary for your case. A lawyer who takes a case in an area they don’t actually practice can’t just wing it; they need to either get up to speed or bring in someone who knows. Lack of competence isn’t a hypothetical violation — it’s one of the most common bases for Bar discipline and malpractice claims.
Florida Bar Ethics Opinions interpreting this rule
- Opinion 24-1 (2024)
<p>When your lawyer uses generative AI tools, the duties to you don't disappear. The lawyer must protect your confidential information from being absorbed into AI training systems, must verify the AI's output rather than rely on it, can't double-bill you for AI-saved time as if it were lawyer hours, and must clearly disclose if a 'lawyer' on the firm's website is actually an AI chatbot.</p>
Read on floridabar.org → - Opinion 12-3 (2012)
<p>Lawyers can store your case files in cloud services like Google Drive or Dropbox, but only if they research the provider's security, ensure client information stays confidential, and confirm they can access the files when needed. Ask whether your lawyer uses cloud storage, where the data is hosted, and what protections are in place — those details affect attorney-client privilege.</p>
Read on floridabar.org →
Comment (verbatim from The Florida Bar)
Legal knowledge and skill
In determining whether a lawyer employs the requisite
knowledge and skill in a particular matter, relevant factors include
the relative complexity and specialized nature of the matter, the
lawyer’s general experience, the lawyer’s training and experience in
the field in question, the preparation and study the lawyer is able to
give the matter, and whether it is feasible to refer the matter to, or
associate or consult with, a lawyer of established competence in the
field in question. In many instances the required proficiency is that
of a general practitioner. Expertise in a particular field of law may
be required in some circumstances.
A lawyer need not necessarily have special training or prior
experience to handle legal problems of a type with which the lawyer
is unfamiliar. A newly admitted lawyer can be as competent as a
practitioner with long experience. Some important legal skills, such
as the analysis of precedent, the evaluation of evidence and legal
drafting, are required in all legal problems. Perhaps the most
fundamental legal skill consists of determining what kind of legal
problems a situation may involve, a skill that necessarily
transcends any particular specialized knowledge. A lawyer can
provide adequate representation in a wholly novel field through
necessary study. Competent representation can also be provided
through the association of a lawyer of established competence in
the field in question.
Competent representation may also involve the association or
retention of a non-lawyer advisor of established technological
competence in the field in question. Competent representation also
involves safeguarding confidential information relating to the
representation, including, but not limited to, electronic
transmissions and communications.
In an emergency a lawyer may give advice or assistance in a
matter in which the lawyer does not have the skill ordinarily
required where referral to or consultation or association with
another lawyer would be impractical. Even in an emergency,
however, assistance should be limited to that reasonably necessary
in the circumstances, for ill-considered action under emergency
conditions can jeopardize the client’s interest.
A lawyer may accept representation where the requisite level of
competence can be achieved by reasonable preparation. This
applies as well to a lawyer who is appointed as counsel for an
unrepresented person. See also rule 4-6.2.
Thoroughness and preparation
Competent handling of a particular matter includes inquiry
into and analysis of the factual and legal elements of the problem,
and use of methods and procedures meeting the standards of
competent practitioners. It also includes adequate preparation.
The required attention and preparation are determined in part by
what is at stake; major litigation and complex transactions
ordinarily require more extensive treatment than matters of lesser
complexity and consequence. The lawyer should consult with the
client about the degree of thoroughness and the level of preparation
required as well as the estimated costs involved under the
circumstances.
Maintaining competence
To maintain the requisite knowledge and skill, a lawyer should
keep abreast of changes in the law and its practice, engage in
continuing study and education, including an understanding of the
benefits and risks associated with the use of technology, including
generative artificial intelligence, and comply with all continuing
legal education requirements to which the lawyer is subject.
Amended March 23, 2006, effective May 22, 2006 (933 So.2d 417);
amended September 29, 2016, effective January 1, 2017 (200 So.3d 1225);
amended August 29, 2024, effective October 28, 2024 (SC2024-0032).