Pennsylvania Legal Ethics
1.3:100 Comparative Analysis of Pennsylvania Rule
• Primary Pennsylvania References:
PA Rule 1.3
• Background References: ABA
Model Rule 1.3, Other Jurisdictions
• Commentary:
1.3:101 Model Rule Comparison
In 1987, the Commonwealth of Pennsylvania adopted the exact language of MR 1.3 including the commentary thereto.
1.3:102 Model Code Comparison
DR 6-101(A)(3) requires that a lawyer not "neglect a legal matter entrusted to him." EC 6-4 states that a lawyer should "give appropriate attention to his legal work." Canon 7 states that "[a] [l]awyer [s]hould [r]epresent a [c]lient [z]ealously [w]ithin the [b]ounds of the [l]aw." DR 7-101(A)(1) provides that "A lawyer shall not intentionally ... Fail to seek the lawful objectives of his client through reasonably available means permitted by law and the Disciplinary Rules...." DR 7-101(A)(3) provides that "A lawyer shall not intentionally ... Prejudice or damage his client during the course of the professional relationship...."
1.3:200 Diligence and "Zeal"
• Primary Pennsylvania References:
PA Rule 1.3
• Background References: ABA
Model Rule 1.3, Other Jurisdictions
• Commentary: ABA/BNA § 31:401, ALI-LGL § 28, Wolfram
§ 10.3
An attorney has the duty to represent his or her client to the fullest extent possible within the bounds of the law. Commonwealth v. Rubright (1980).
1.3:300 Promptness
• Primary Pennsylvania References:
PA Rule 1.3
• Background References: ABA
Model Rule 1.3, Other Jurisdictions
• Commentary: ABA/BNA § 31:401, ALI-LGL § 28, Wolfram
§ 10.3
Persistent neglect.
The offense of neglecting a legal matter is aggravated when the neglect is persistent. See, e.g., Office of Disciplinary Counsel v. Knepp (1982) (a pattern of neglect would tend to offset the mitigating effect of an otherwise clean disciplinary record).
Failure to timely inform client of appealable matter.
Failure to inform client that his appeal to Superior Court was denied within time to file a petition for allowance of appeal to the Supreme Court violates the Rules of Professional Conduct requiring attorney to act with reasonable diligence and promptness. See, e.g., Office of Disciplinary Counsel v. Duffield (1994).