Duty of Diligence
What does "Duty of Diligence" mean in law?
Model Rule 1.3 requires that a lawyer act with reasonable diligence and promptness in representing a client. This duty goes beyond mere competence; it demands that the lawyer actively pursue the client's objectives, meet deadlines, carry out commitments, and avoid procrastination or neglect. Diligence does not require the lawyer to press for every possible advantage, but it does prohibit allowing a matter to languish through inattention. Chronic neglect of client matters is one of the leading causes of disciplinary complaints nationwide.
Definition
Model Rule 1.3 requires that a lawyer act with reasonable diligence and promptness in representing a client. This duty goes beyond mere competence; it demands that the lawyer actively pursue the client's objectives, meet deadlines, carry out commitments, and avoid procrastination or neglect. Diligence does not require the lawyer to press for every possible advantage, but it does prohibit allowing a matter to languish through inattention. Chronic neglect of client matters is one of the leading causes of disciplinary complaints nationwide.
Example
An attorney who repeatedly fails to file responsive pleadings on time, causing a default judgment against her client, has violated the duty of diligence under Rule 1.3.