SCR 20:1.3. Diligence

Diligence

A lawyer shall act with reasonable diligence and promptness in

representing a client.

ABA 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 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

t 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. Model Rules

for Lawyer Disciplinary Enforcement R

actitioner'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. Model Rules

for Lawyer Disciplinary Enforcement R. 28 (2002) (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 or

disabled lawyer).