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Miss. R. Prof'l 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.

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

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

Lawyers need to work on their clients' cases with steady effort and without unnecessary delays. Once someone hires a lawyer, that lawyer has a duty to keep moving the case forward, meet deadlines, and follow through on the work that needs to be done.

This means a lawyer can't let a case sit untouched or drag things out for no good reason. Clients are counting on their lawyer to handle matters like deadlines for filing paperwork, responding to the other side, and keeping the case on track. If a lawyer drops the ball and misses important deadlines or ignores a case for too long, that lawyer is not meeting this basic duty.

This rule exists because delays can seriously hurt a client. Cases can be lost, evidence can disappear, and people can suffer real harm if their lawyer is slow or careless. The rule pushes lawyers to treat their clients' problems with the urgency they deserve, not put them on the back burner.

Committee Notes

Comment

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. A lawyer’s workload should be controlled so that each matter can be handled adequately.

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 substances, however, unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer’s trustworthiness.

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 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.

Code Comparison

DR 6-101(A)(3) requires that a lawyer not “neglect a legal matter entrusted to him.” EC 6-4 states that a lawyer should “give appropriate attention to his legal work.” Canon 7 states that “a lawyer should represent a client zealously within the bounds of the law.” DR 7-101(A)(1) provides that “a lawyer shall not intentionally . . . fail to seek the lawful objectives of his client through reasonably available means permitted by law and the Disciplinary Rules. . . .” DR 7-101(A)(3) provides that “a lawyer shall not intentionally . . . prejudice or damage his client during the course of the professional relationship. . . .”