ER 1.3 Diligence
The Standard
A lawyer shall act with reasonable diligence and promptness in representing a client.
The Limitation
A lawyer is not bound to press for every advantage. A lawyer may have authority to exercise professional discretion in determining the means by which a matter should be pursued, ER 1.2, and should not use offensive or disrespectful tactics in carrying out the representation. In fact, a lawyer should advise the client that the lawyer plans to treat all others with civility and courtesy, including opposing counsel, the court and third parties, and that this approach should not be equated with weakness.
FAQs
ER 1.3 requires zealous representation, right?
My workload is often very heavy. Will this mitigate procrastination or delay?
What are common ER 1.3 pitfalls I should guard against?
May I agree to opposing counsel’s reasonable request for postponement if it does not prejudice my client?
How do I know if I still represent the client?
Does ER 1.3 require that I have a succession plan to prevent neglect of client matters in the event of my disability or death?
I’ve accepted a position elsewhere and am leaving several clients behind. What should I do about those cases as I transition?
Best Practices
- Preamble
- Client-Lawyer Relationship
- Counselor
- Advocate
- Law Firms and Associations
- Information about Legal Services
- Maintaining the Integrity of the Profession
- ER 1.1 Competence
- ER 1.2 Scope of Representation
- ER 1.3 Diligence
- ER 1.4 Communication
- ER 1.5 Fees
- ER 1.6 Confidentiality of Information
- ERs 1.7 & 1.10 Conflicts of Interest and Screening Tips
- ER 1.8 Conflict of Interest: Current Clients: Specific Rules
- ER 1.9 Duties to Former Clients
- ER 1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees
- ER 1.13 Organization as Client
- ER 1.14 Client with Diminished Capacity
- ER 1.15 Safekeeping Property
- ER 1.16 Declining or Terminating Representation
- ER 1.18 Duties to Prospective Clients
- ER 2.4 Lawyer Serving as Third-Party Neutral
- ER 3.1 Meritorious Claims and Contentions
- ER 3.3 Candor Toward the Tribunal
- ER 3.6 Trial Publicity
- ER 5.1 Responsibilities of Lawyers Who Have Ownership Interests or are Managers or Supervisors; ER 5.2 Responsibilities of a Subordinate Lawyer; and ER 5.3 Responsibilities Regarding Nonlawyers
- ER 7.1 Communications Concerning a Lawyer's Services and ER 7.3 Solicitation of New Clients
- ER 8.3 Reporting Professional Misconduct
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