New Jersey Disciplinary Rules of Professional Conduct

Comment - Rule 1.1

The Court, following the recommendation of the Debevoise Committee, has retained DR 6-101 ("Failing to Act Competently"), renumbered as RPC 1.1 and entitled "Competence," rather than adopt the ABA's Rule 1.1. As recognized by that committee, ensuring and improving professional competence is one of the most important responsibilities of the legal profession. The use of the terms "gross negligence" and "pattern of negligence or neglect" provides sufficiently definite standards of prohibited conduct so as to avoid the difficulties that the more vague ABA version would create. These terms have been applied and interpreted by the Court many times. See, e.g., In re Barry, 90 N.J. 286 (1982); In re Goldstaub, 90 N.J. 1 (1982); In re Barrett, 88 N.J. 450 (1982); In re Getchius, 88 N.J. 269 (1982). By retaining the text of DR 6-101, the relevance of that case law will be preserved.

To achieve and maintain the necessary levels of competence envisioned by this rule, the lawyer should engage in continuing legal study and education.