Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › CLIENT-LAWYER RELATIONSHIP › Rule 1.3 - Diligence

Current through Register Vol. 54, No. 28, July 13, 2024
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 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. 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. 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).