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Rule
Three: Diligence
A paralegal shall act with
reasonable diligence and promptness in assisting a lawyer in the representation
of the lawyer's client.
Commentary
Diligence has been defined
as "Vigilant activity; attentiveness or care, of which there are
infinite shades..."Black's Law Dictionary, 5th ed., p. 411. Paralegals
are expected to work with reasonable diligence." What is reasonable
may not always be clear to the paralegal. For guidance, the paralegal
can look to the Comment to the Model Rules of Professional Conduct, which
define a lawyer's duty to provide diligent representation:
"A lawyer should act with
commitment and dedication to the interests of the client and with zeal
in advocacy upon the client's behalf..."
Likewise, the paralegal should
be committed to the interests of the lawyer's client and should zealously
assist the supervising lawyer in his or her representation of the client.
At a minimum, this rule requires
paralegals to be conscious of such things as handling responsibilities
promptly and keeping track of filing deadlines and statutes of limitation.
The consequences of violating the ethical obligation to maintain reasonable
diligence can be great. Often, in a busy law practice, it is all too easy
to put off unpleasant tasks and to concentrate on responsibilities that
are more easily handled. A decision that allows a paralegal to procrastinate
violates that paralegal's ethical responsibilities to the supervising
lawyer and to the lawyer's client. A paralegal's failure to note that
a statue of limitations is about to run could result in a client losing
the right to pursue a cause of action and result in a lawsuit against
the law firm for negligence.
The rule concerning diligent
representation is also affected by the paralegal's responsibility to maintain
competence. See Rule Two, Illinois Code of Paralegal Ethics. Failure to
achieve competence can result in tasks taking longer than anticipated
or in paralegals putting off work because they do not understand recent
developments in the law. A paralegal's violation of the competency requirement
could lead, therefore, to a failure to complete work with diligence.
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