Rule 1.3. Diligence

Diligence

A lawyer shall act with reasonable diligence and

promptness in representing a client.

(P.B. 1978-1997, Rule 1.3.)

COMMENTARY: A lawyer must 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

ver, 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. 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

Rule 1.3

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

event 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. Rule 28 of the American Bar

Association Model Rules for Lawyer Disciplinary Enforcement

(providing for court appointment of a lawyer to inventory files

and take other protective action in absence of a plan providing

for another lawyer to protect the interests of the clients of a

deceased lawyer or a lawyer with disabilities).