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, 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 workload 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

, 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.

[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,

disability, extended absence, or inability to practice, and determine whether

there is a need for immediate protective action. Cf

ent 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,

disability, extended absence, or inability to practice, 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 or disabled lawyer).

Definitional Cross-References

“Reasonable” See Rule 1.0(i)