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Ga. R. Prof. Conduct 1.3

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Rule 1.3 Diligence

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Rule Text

A lawyer shall act with reasonable diligence and promptness in representing a client. Reasonable diligence as used in this rule means that a lawyer shall not without just cause to the detriment of the client in effect willfully abandon or willfully disregard a legal matter entrusted to the lawyer. The maximum penalty for a violation of this rule is disbarment.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Your lawyer is required to work on your case with reasonable speed and follow-through. This means they can't ignore your case or drop it without a good reason, especially if doing so would hurt you. Once a lawyer agrees to take on your legal matter, they need to keep moving it forward and not let it sit untouched.

This rule is meant to protect clients from lawyers who take on a case and then neglect it. Missing deadlines, failing to return calls for long stretches, or simply forgetting about a case can count as a violation if it causes harm and there's no valid excuse. The word "willfully" matters here. It means the lawyer has to have knowingly or carelessly abandoned the work, not just made an honest mistake or faced circumstances beyond their control.

If a lawyer breaks this rule, the punishment can be serious. The most severe penalty is disbarment, which means the lawyer loses their license to practice law completely. This shows how seriously the legal system treats lawyers who abandon their clients' cases.

Committee Notes

[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and may take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer should act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. However, a lawyer is not bound to press for every advantage that might be realized for a client. A lawyer has professional discretion in determining the means by which a matter should be pursued. See Rule 1.2. The lawyers 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 should 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 competence, 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 serve on a continuing basis. 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 but has not been specifically instructed concerning pursuit of an appeal, the lawyer should advise the client of the possibility of appeal before relinquishing responsibility for the matter.

← Previous Rule 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer Next → Rule 1.4: Communication