SANCTIONS FOR INCOMPETENCE AND NEGLECT

Source: https://www1.law.umkc.edu/suni/professional_responsibility/materials/Older_Materials/ChapVII_SecIII.htm

Model Rule 1.1 requires that an attorney provide competent representation to a client, and indicates that such representation “requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”

Neither the fact that there has been no actual monetary loss to the client, nor that the attorney has been ill or is youthful or inexperienced, nor the demands of other legal work, will excuse or act as a defense to a charge under D.R. 6-101(A) or M.R. 1.1 and 1.3, although such factors may be considered in mitigation of the severity of discipline. See Annotated Rules, at 31-32.

Discipline is also possible for failure to adequately communicate even absent incompetence or neglect. See In re Harris, 890 S.W.2d 299 (Mo. banc 1994). The court there recognized that “it is irritating to clients and damaging to the public perception of the legal profession when clients are not given timely and adequate information regarding the status of their case. In re Kopf, 767 S.W.2d 20, 24 (Mo. banc 1989) (Blackmar, J., concurring).” 890 S.W.2d at 302.

Intentional infliction of emotional distress

Source: https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress

Overview

The tort of intentional infliction of emotional distress (IIED) occurs when one acts abominably or outrageously with intent to cause another to suffer severe emotional distress, such as issuing the threat of future harm.

Prima Facie Case

1. The defendant acts

2. The defendant’s conduct is outrageous

3. The defendant acts for the purpose of causing the victim emotional distress so severe that it could be expected to adversely affect mental health

4. The defendant’s conduct causes such distress