Texas Legal Ethics
1.3:100 Comparative Analysis of Texas Rule
Primary Texas References:
TX Rule 1.01
Background References: ABA
Model Rule 1.3, Other Jurisdictions
Commentary:
1.3:101 Model Rule Comparison
Model Rule 1.3, "Diligence," sets forth a free-standing rule on diligence and promptness: "A lawyer shall act with reasonable diligence and promptness in representing a client." The Texas Rules do not have a free-standing rule on these subjects, but address them in the context of Texas Rule 1.01 ("Competent and Diligent Representation"), and further touch on them in Rule 1.03 ("Communication") and Rule 1.02 ("Scope and Objectives of Representation").
1.3:102 Model Code Comparison
Canon 7 provides that a lawyer "should represent a client zealously within the bounds of the law." Accordingly, the Code indicated that a lawyer should not intentionally fail to seek the lawful objectives of the client through reasonable means (DR 7-101(A)(1)) or "intentionally prejudice or damage his client during the course of the relationship" (DR 7-101(A)(3)). DR 6-101(A)(3) dictates that a lawyer not neglect a matter entrusted to him.
1.3:200 Diligence and "Zeal"
Primary Texas References:
TX Rules 1.01, 1.02,
& 1.03
Background References: ABA
Model Rule 1.3, Other Jurisdictions
Commentary: ABA/BNA § 31:401, ALI-LGL § 28, Wolfram
§ 10.3
Comment 6 ("Competent and Diligent Representation") to Texas Rule 1.01 (of the same title) provides in full:
Having accepted employment, a lawyer should act with competence, commitment and dedication to the interest of the client and with zeal in advocacy upon the client's behalf. A lawyer should feel a moral or professional obligation to pursue a matter on behalf of a client with reasonable diligence and promptness despite opposition, obstruction or personal inconvenience to the lawyer. A lawyer's workload should be controlled so that each matter can be handled with diligence and competence. As provided in paragraph (a), an incompetent lawyer is subject to discipline.
Texas Rules Rule 1.01 cmt. 6; see also cmt. 7 (elaborating on diligence and neglect).
1.3:300 Promptness
Primary Texas References:
TX Rules 1.01 & 1.03
Background References: ABA
Model Rule 1.3, Other Jurisdictions
Commentary: ABA/BNA § 31:401, ALI-LGL § 28, Wolfram
§ 10.3
For treatment of this subject, see section 1.3:200.
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