Rule 1.3. Diligence. A lawyer shall act with reasonable diligence and promptness

in representing a client.

COMMENTARY

[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 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.

[2] A lawyer's work load must be controlled so that each matter can be handled

competently.

[3] 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.

[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

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.

[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

t 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. Article III, Rule 18 of the

Supreme Court Rules, Disciplinary Procedure for Attorneys (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, missing or disabled lawyer).