How does California's duty of competence differ from that of the ABA?

In California, the duty of competence is articulated through the California Rules of Professional Conduct, which require attorneys to provide competent representation. This means attorneys must have the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. The specific emphasis on never failing to act intentionally or with gross negligence enhances the standard of care expected of attorneys in California. This standard implies that attorneys must avoid not only intentional acts of incompetence but also grossly negligent conduct in their professional duties.

The distinction is significant when compared to the ABA Model Rules. While the ABA does outline a similar duty of competence, it does not explicitly include the same terms regarding intentional failure or gross negligence. Instead, the ABA focuses broadly on the necessity for attorneys to act competently without specifying degrees of care in such a manner.

Thus, California's approach sets a higher bar by explicitly requiring attorneys to avoid both intentional misconduct and gross negligence, reinforcing the expectation of diligence and care in providing legal services.