Utah Sup. Ct. R. Prof'l. Prac. 1.3

As amended through December 18, 2024
Rule 1.3 - Diligence

A licensed paralegal practitioner shall act with reasonable diligence and promptness in representing a client.

Utah. Sup. Ct. R. Prof'l. Prac. 1.3

Adopted September 4, 2018, effective 11/1/2018.

Comment

[1] A licensed paralegal practitioner should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the licensed paralegal practitioner and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A licensed paralegal practitioner must act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. A licensed paralegal practitioner is not bound, however, to press for every advantage that might be realized for a client. For example, a licensed paralegal practitioner may have authority to exercise professional discretion in determining the means by which a matter should be pursued. See Rule 1.2. The licensed paralegal practitioner's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.

[1] A licensed paralegal practitioner's work load must be controlled so that each matter can be handled competently.

[3] Perhaps no professional shortcoming is more widely resented than procrastination. A client's interests often can be adversely affected by the passage of time or the change of conditions; in extreme instances, as when a licensed paralegal practitioner overlooks a statute of limitations, the client's legal position may be destroyed. Even when the client's interests are not affected in substance, however, unreasonable delay can cause a client needless anxiety and undermine confidence in the licensed paralegal practitioner's trustworthiness. A licensed paralegal practitioner's duty to act with reasonable promptness, however, does not preclude the licensed paralegal practitioner from agreeing to a reasonable request for a postponement that will not prejudice the licensed paralegal practitioner's client.

[4] Unless the relationship is terminated as provided in Rule 1.16, a licensed paralegal practitioner should carry through to conclusion all matters undertaken for a client. As a licensed paralegal practitioner's employment is limited to a specific matter, the relationship terminates when the matter has been resolved.

[5] To prevent neglect of client matters in the event of a sole licensed paralegal practitioner's death or disability, the duty of diligence may require that each sole licensed paralegal practitioner prepare a plan, in conformity with applicable rules, that designates another competent licensed paralegal practitioner to review client files, notify each client of the licensed paralegal practitioner's death or disability, and determine whether there is a need for immediate protective action.