We frequently receive reports of malpractice claims against lawyers who decided to handle a legal matter for which they lacked the necessary skill or expertise. We call this dabbling. In today’s competitive legal environment, it can be tempting to say “yes” when a potential client knocks on your door—even if their matter falls outside your primary area of practice. You might reason that your general legal knowledge and quick research skills will suffice. 

But the decision to “dabble” in an unfamiliar area of law can carry serious consequences—for your client, your license, your reputation, and your peace of mind. You might think that you could do a little research and get up to speed quickly to be able to handle a matter. That was the case for the residential real estate lawyer who decided to take a wrongful death case that arose out of a two-car collision. Liability was clear in the case. How hard could it be? He did enough research to determine that the statute of limitations for personal injury claims was three years. He did not know enough to research further to find out that wrongful death cases are subject to a shorter two-year statute of limitations. 

Here are just a few of the potential negative outcomes when lawyers step outside their lane:

• Malpractice liability: Unfamiliarity with the law and procedures can easily lead to critical mistakes that harm the client and result in malpractice claims.
• Ethics violations: Practicing in an area without the requisite competence violates the Rules of Professional Conduct and can result in discipline.
• Client harm: Clients depend on their attorney’s expertise. Dabbling can delay or derail a matter, sometimes irreparably.
• Damage to reputation: One bad outcome can tarnish a lawyer’s hard-earned credibility—especially in smaller legal communities.

Rule 1.1 of the North Carolina Rules of Professional Conduct provides that:

A lawyer shall not handle a legal matter that the lawyer knows or should know he or she is not competent to handle without associating with a lawyer who is competent to handle the matter. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

The comments to Rule 1.1 clarify that competence can be achieved through research and study by the attorney. The amount of study necessary to gain competence will vary depending on the complexity of the case and practice area. Some areas may be so complex that the lawyer would be wise to associate counsel (with the informed consent of the client) and learn from the experienced counsel. If you are attempting to take on a new practice area, you might also want to consider finding a mentor who is willing to consult with you when you have questions. 

Do your best to be objective about your ability to handle a new matter. Don’t let the promise of a big fee cloud your judgment. Similarly, don’t let your desire to “help” get in the way of doing what is best for the client. If you determine that you cannot handle the matter on your own, you can ask the client to agree to associate counsel. If the client doesn’t want to associate counsel, you should refer the client to another attorney.

Law is a profession that demands humility as much as skill. Knowing your limits is not a weakness; it’s a mark of professionalism. The dangers of dabbling are real, and the cost is too high for you and your clients.