The Four Elements of Competence - 275 Words

The Four Elements of Competence (Coursework Sample) Content: LawNameInstitutionLawThe four elements of competence include duty, breach, causation and damage. Duty can be proved through the existence of the client/attorney relationship; Breach is proved by acts constituting negligence; Causation can be proved by omissions that are the direct cause of damage; and damage by the actual damages (Orlik, 2013).Mental competence is the key to rational decision making. From the legal perspective the concern is whether a person has sufficient competence to take some significant steps that have legal consequences. In the legal world, competence is the legal is the legal knowledge and skill required for representation, preparation and thoroughness. Unfortunately usage of drugs and alcohol due stress in the legal world has led to many lawyers to be incompetent. Lawyers violating the regulations requiring a lawyer to offer competent representation for their clients should face disciplinary actions from the disciplinary authority and if any h arm has been caused to the clients then they should be compensated (Orlik, 2013).Aside from a cause of action in negligence, the client may file for other causes of action against the incompetent lawyer. The client might bring a breach of contract claim or calendaring error claim that arises from the lawyer making date entry errors, failure to use file review dates, absence of back up calendar and...