The California Rules of Professional Conduct, Rule 1.3 imposes a separate duty on attorneys to be diligent in their representation of clients. Specifically, Rule 1.3 provides: “(a) A lawyer shall not intentionally, repeatedly, recklessly or with gross negligence fail to act with reasonable diligence in representing a client. (b) For purposes of this rule, ‘reasonable diligence’ shall mean that a lawyer acts with commitment and dedication to the interests of the client and does not neglect or disregard, or unduly delay a legal matter entrusted to the lawyer.”
This is a new rule that was previously within former Rule 3.110 (b), which included diligence as a component of being competent. Similar to ABA Model Rule 1.3, it means that the attorney has an on-going obligation to pay attention to details and any matter relevant to the on-going representation. As attorneys are well aware, things can change rapidly in a representation. An attorney must stay informed on deadlines, statute of limitations and new developments that are relevant to the interest of the client. For example, the recent issuance of “Shelter-in-Place” orders and “Executive Orders” by the President of the United States, the Governor of the State of California, and the Public Health Official of the City and County of San Francisco in response to the coronavirus (COVID-19) pandemic could be relevant to the representation of clients. Court dates and trials may be delayed or suspended, county recorder offices are closed, and many government agencies have adopted new procedures which will impact attorneys’ representation of their clients. Under Rule 1.3, attorneys have an on-going obligation to stay abreast of such developments and to take the appropriate actions when warranted. Thus, attorneys have a duty to be competent (Rule 1.1), communicate with their clients (Rule 1.4) and pay attention to details or any event that could affect the representation (Rule 1.3).
About the Author:
Dianne Jackson McLean is a partner at the law firm of Goldfarb & Lipman, where she is a transactional attorney, representing public housing authorities, cities, and other government agencies in complex mixed finance affordable housing transactions and economic development matters. Ms. Jackson McLean also provides advice to her firm on ethics. Ms. Jackson McLean is the chair of BASF’s Legal Ethics Committee.
Dianne Jackson McLean is a partner at the law firm of Goldfarb & Lipman, where she is a transactional attorney, representing public housing authorities, cities, and other government agencies in complex mixed finance affordable housing transactions and economic development matters. Ms. Jackson McLean also provides advice to her firm on ethics. Ms. Jackson McLean is the chair of BASF’s Legal Ethics Committee.