Rule 1.3. 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. A lawyer also must act with commitment

and dedication to the interests of the client.

[2]

A lawyer must control the lawyer’s work load so that each matter can be handled

competently.

[3]

Delay and neglect are inconsistent with a lawyer’s duty of diligence, undermine

public confidence, and may prejudice a client’s cause. Reasonable diligence and promptness are

expected of a lawyer in handling all client matters and will be evaluated in light of all relevant

circumstances. The lawyer disciplinary process is particularly concerned with lawyers who

consistently fail to carry out obligations to clients or consciously disregard a duty owed to a client.

[4]

A lawyer should carry through to conclusion all matters undertaken for a client,

unless the client-lawyer relationship is terminated as provided in Rule 1.16. 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 posttrial alternatives including the possibility of appeal before relinquishing responsibility for the

matter. See Rule 1.4(a)(2). Whether the lawyer is obligated to pursue those alternatives or

prosecute the appeal for the client depends on the scope of the representation the lawyer has agreed

to provide to the client. See Rules 1.2(c) and 1.5(b).

the lawyer must consult with the client about posttrial alternatives including the possibility of appeal before relinquishing responsibility for the

matter. See Rule 1.4(a)(2). Whether the lawyer is obligated to pursue those alternatives or

prosecute the appeal for the client depends on the scope of the representation the lawyer has agreed

to provide to the client. See Rules 1.2(c) and 1.5(b).

[5]

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. Rule V, Section 26 of the Supreme Court Rules for the

Government of the Bar of Ohio.

Comparison to former Ohio Code of Professional Responsibility

Rule 1.3 replaces both DR 6-101(A)(3) (a lawyer shall not neglect a legal matter entrusted

to him) and DR 7-101(A)(1) (with limited exceptions, a lawyer shall not fail to seek the lawful

objectives of his client through reasonably available means permitted by law and the disciplinary

rules).

Neither Model Rule 1.3 nor any of the Model Rules on advocacy states a duty of “zealous

representation.” The reference to acting “with zeal in advocacy” is deleted from Comment [1]

because “zeal” is often invoked as an excuse for unprofessional behavior. Despite the title of

Canon 7 of the Ohio Code of Professional Responsibility and the content of EC 7-1, no disciplinary

rule requires “zealous” advocacy

el Rule 1.3 nor any of the Model Rules on advocacy states a duty of “zealous

representation.” The reference to acting “with zeal in advocacy” is deleted from Comment [1]

because “zeal” is often invoked as an excuse for unprofessional behavior. Despite the title of

Canon 7 of the Ohio Code of Professional Responsibility and the content of EC 7-1, no disciplinary

rule requires “zealous” advocacy. Moreover, the disciplinary rules recognize that courtesy and

punctuality are not inconsistent with diligent representation [DR 6-101(A)(3)], that a lawyer,

where permissible, may exercise discretion to waive or fail to assert a right or position [DR 7-

101(B)(1)], and that a lawyer may refuse to aid or participate in conduct the lawyer believes to be

unlawful, even though there is some support for an argument that it is lawful [DR 7-101(B)(2)].

Comparison to ABA Model Rules of Professional Conduct

There is no change to the text of Model Rule 1.3.

The reference in Comment [1] to a lawyer’s use of “whatever lawful and ethical measures

are required to vindicate a client’s cause or endeavor” and the last three sentences of the comment

have been stricken. The choice of means to accomplish the objectives of the representation are

governed by the lawyer’s professional discretion, and the lawyer’s duty to communicate with the

client, as specified in Rules 1.2(a) and 1.4(a)(2).

The reference to a lawyer’s duty to act “with zeal in advocacy upon the client’s behalf”

also is deleted. Zealous advocacy is often invoked as an excuse for unprofessional behavior.

Comment [3] is revised to state more concisely the consequences of lawyer delay and

neglect in handling a client matter and explain when charges of neglect are likely to be the subject

of professional discipline.

The first sentence of Comment [4] is reworded and the balance of that sentence and the

second sentence are deleted. The content of the deleted language is addressed in Rule 1.2.

.

Comment [3] is revised to state more concisely the consequences of lawyer delay and

neglect in handling a client matter and explain when charges of neglect are likely to be the subject

of professional discipline.

The first sentence of Comment [4] is reworded and the balance of that sentence and the

second sentence are deleted. The content of the deleted language is addressed in Rule 1.2.

Comment [5] is revised to refer to Gov. Bar R. V, Section 26. That rule authorizes

Disciplinary Counsel or the chair of a certified grievance committee to appoint a lawyer to

inventory client files and protect the interests of clients when a lawyer does not or cannot (because

of suspension or death) attend to clients and no partner, executor, or other responsible party capable

of conducting the lawyer's practice is available and willing to assume responsibility.