In California, when is an attorney considered incompetent?

An attorney is considered incompetent when they intentionally, recklessly, or repeatedly fail to perform competent legal services. This standard emphasizes the importance of the attorney's actions and decision-making in the context of their professional duties. Competence in legal practice requires the ability to provide services that meet the minimum standards of diligence, knowledge, and skill that a reasonable attorney would provide in a similar situation. Thus, intentional or reckless failures to deliver such services can lead to a finding of incompetence.

In contrast, failing to meet client expectations, requiring assistance from other attorneys, or working with less experience than peers alone do not automatically indicate incompetence. All attorneys may experience dissatisfaction from clients at times, seek guidance or collaboration with colleagues, and vary in experience. Competency is more accurately defined by the attorney's ability to perform their responsibilities effectively and ethically.