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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Louisiana Legal Ethics

1.3   Rule 1.3 Diligence

1.3:100   Comparative Analysis of Louisiana Rule

Primary Louisiana References: LA Rule 1.3
Background References: ABA Model Rule 1.3, Other Jurisdictions
Commentary:

1.3:101      Model Rule Comparison

The text of LRPC 1.3 is identical to that in its counterpart, MR 1.3.

1.3:102      Model Code Comparison

Unlike the Louisiana Rules and the Model Rules, there is no general rule of diligence in the Model Code. Instead, the Model Code uses a series of more specific Disciplinary Rules and Ethical Considerations to accomplish what is set forth in LRPC 1.3. DR 6-101(A)(3) imposes a negative duty on lawyers, preventing them from “neglecting matters” entrusted to them. EC 6-4 urges lawyers who accept employment beyond their competence to diligently undertake the work and study necessary to become qualified in the matter. EC 2-31 suggests that lawyers who undertake representation complete the work involved, including representation on appeal, if necessary. DR 7-101(A) forbids a lawyer from intentionally failing to execute the lawful objectives of his client, failing to carry out his employment contracts with clients and from prejudicing or damaging his client during the course of representation. EC 7-38 also requires a lawyer to be “punctual” in fulfilling his professional commitments. LRPC 1.3 has the same effect as these Disciplinary Rules and Ethical Considerations by succinctly and affirmatively requiring that a lawyer act with “reasonable diligence and promptness.”

1.3:200   Diligence and "Zeal"

Primary Louisiana References: LA Rule 1.3
Background References: ABA Model Rule 1.3, Other Jurisdictions
Commentary: ABA/BNA § 31:401, ALI-LGL § 28, Wolfram § 10.3

This section has not yet been completed.

1.3:300   Promptness

Primary Louisiana References: LA Rule 1.3
Background References: ABA Model Rule 1.3, Other Jurisdictions
Commentary: ABA/BNA § 31:401, ALI-LGL § 28, Wolfram § 10.3

This section has not yet been completed.

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