Rule 1.3. DILIGENCE

DILIGENCE

A lawyer shall act with reasonable diligence and promptness in

representing a client.

COMMENT

[1]

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. 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.

[2]

A lawyer’s workload must be controlled so that each matter can

be handled competently.

[3]

Perhaps no professional shortcoming is more widely resented

than procrastination or neglect. 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.

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.

[4]

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.

e 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.

[5]

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

practitioner’s death or disability, the duty of diligence requires 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.