Rule 1.3. Diligence

A lawyer shall act with reasonable diligence and

promptness in representing a client.

COMMENT

A lawyer should pursue a matter on behalf of a client

despite opposition, obstruction, or personal inconvenience to

the lawyer, and take whatever lawful and ethical measures are

required to vindicate a client’s cause or endeavor. A lawyer

must also act with commitment and dedication to the interests

of the client and with zeal in advocacy upon the client’s behalf.

A lawyer is not bound, however, to press for every advantage

that might be realized for a client. For example, a lawyer may

have authority to exercise professional discretion in

determining the means by which a matter should be pursued.

See Rule 1.2. The lawyer’s duty to act with reasonable

diligence does not require the use of offensive tactics or

preclude the treating of all persons involved in the legal

process with courtesy and respect.

A lawyer’s work-load must be controlled so that each

matter can be handled competently.

Perhaps no professional shortcoming is more widely

resented than procrastination. A client’s interests often can be

adversely affected by the passage of time or the change of

conditions; in extreme instances, as when a lawyer overlooks a

statute of limitations, the client’s legal position may be

destroyed. Even when the client’s interests are not affected in

substance, however, unreasonable delay can cause a client

needless anxiety and undermine confidence in the lawyer’s

trustworthiness. A lawyer’s duty to act with reasonable

promptness, however, does not preclude the lawyer from

agreeing to a reasonable request for a postponement that will

not prejudice the lawyer’s client.

Unless the relationship is terminated as provided in Rule

1.16, a lawyer should carry through to conclusion all matters

undertaken for a client. If a lawyer’s employment is limited to

a specific matter, the relationship terminates when the matter

has been resolved

es not preclude the lawyer from

agreeing to a reasonable request for a postponement that will

not prejudice the lawyer’s client.

Unless the relationship is terminated as provided in Rule

1.16, a lawyer should carry through to conclusion all matters

undertaken for a client. If a lawyer’s employment is limited to

a specific matter, the relationship terminates when the matter

has been resolved. If a lawyer has served a client over a

substantial period in a variety of matters, the client sometimes

may assume that the lawyer will continue to serve on a

continuing basis unless the lawyer gives notice of withdrawal.

Doubt about whether a client-lawyer relationship still exists

should be clarified by the lawyer, preferably in writing, so that

the client will not mistakenly suppose the lawyer is looking

after the client’s affairs when the lawyer has ceased to do so.

For example, if a lawyer has handled a judicial or

administrative proceeding that produced a result adverse to the

client and the lawyer and the client have not agreed that the

lawyer will handle the matter on appeal, the lawyer must

consult with the client about the possibility of appeal before

relinquishing responsibility for the matter. See Rule 1.4(a)(2).

Whether the lawyer is obligated to prosecute the appeal for the

client depends on the scope of the representation the lawyer

has agreed to provide to the client. See Rule 1.2.

To prevent neglect of client matters in the event of a sole

practitioner’s death or disability, the duty of diligence may

require that each sole practitioner prepare a plan, in conformity

with applicable rules, that designates another competent lawyer

to review client files, notify each client of the lawyer’s death or

disability, and determine whether there is a need for immediate

protective action. Cf. Alaska Bar Rule 31 (concerning

appointment of trustee counsel to protect a client’s interest).