Ind. Prof. Cond. Rule 1.3

Effective January 1, 1987

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 may 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. 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 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.

[2] A lawyer's workload must be controlled so that each matter can be handled com-

petently.

[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 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 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. See Rule 1.2.

[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. Cf. Ind. Admission and Discipline Rule 23, Section

27 (providing for court appointment of a lawyer to inventory files and take other protective

action in absence of a plan providing for another lawyer to protect the interests of the clients of a deceased or disabled lawyer).