Iowa R. Prof'l Conduct 32:1.3

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 32:1.2. 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. See Iowa Ct. R. ch. 33.

[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 32:1.16, 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 32:1.4(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 or other applicable law. See rule 32:1.2. See, e.g., Iowa

R. Crim. P. 2.29(6); Iowa Rs. App. P. 6.102(1)(b) and 6.201, 6.109(4) and 6.109(5).

[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. See Iowa

Ct. R. 39.18; see also id. rs. 34.17(6), .18 (where reasonable necessity exists, the local chief judge

shall appoint a lawyer to serve as trustee to inventory files, sequester client funds, and take any other

appropriate action to protect the interests of the clients and other affected persons of a deceased,

suspended, or disabled lawyer).