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Rule 1.3. Diligence.

A licensed paralegal practitioner shall act with reasonable diligence and promptness in representing a client.

 

Comment

[1] A licensed paralegal practitioner shouldpursue a matter on behalf of a client despite opposition, obstruction orpersonal inconvenience to the licensed paralegal practitioner and take whateverlawful and ethical measures are required to vindicate a client's cause orendeavor. A licensed paralegal practitioner must act with commitment anddedication to the interests of the client and with zeal in advocacy upon theclient's behalf. A licensed paralegal practitioner is not bound, however, topress for every advantage that might be realized for a client. For example, alicensed paralegal practitioner may have authority to exercise professionaldiscretion in determining the means by which a matter should be pursued. SeeRule 1.2. The licensed paralegal practitioner's duty to act with reasonablediligence does not require the use of offensive tactics or preclude thetreating of all persons involved in the legal process with courtesy andrespect.

[2] A licensed paralegal practitioner?s workload must be controlled so that each matter can be handled competently.

[3] Perhaps no professional shortcoming is morewidely resented than procrastination. A client's interests often can beadversely affected by the passage of time or the change of conditions; inextreme instances, as when a licensed paralegal practitioner overlooks astatute of limitations, the client's legal position may be destroyed. Even whenthe client's interests are not affected in substance, however, unreasonabledelay can cause a client needless anxiety and undermine confidence in thelicensed paralegal practitioner's trustworthiness. A licensed paralegalpractitioner?s duty to act with reasonable promptness, however, does notpreclude the licensed paralegal practitioner from agreeing to a reasonablerequest for a postponement that will not prejudice the licensed paralegalpractitioner?s client.

[4] Unless the relationship is terminated asprovided in Rule 1.16, a licensed paralegal practitioner should carry throughto conclusion all matters undertaken for a client. As a licensed paralegalpractitioner's employment is limited to a specific matter, the relationshipterminates when the matter has been resolved.

[5] To prevent neglect of client matters in the event of a solelicensed paralegal practitioner?s death or disability, the duty of diligencemay require that each sole licensed paralegal practitioner prepare a plan, inconformity with applicable rules, that designates another competent licensedparalegal practitioner to review client files, notify each client of the licensedparalegal practitioner?s death or disability, and determine whether there is aneed for immediate protective action.

Effective November 1, 2018