A lawyer represents a client seeking to appeal a criminal conviction. The client is indigent and unable to pay for the appeal. The lawyer, recognizing the client's financial hardship, agrees to represent her pro bono. During the appeal process, the lawyer discovers a novel legal argument that could significantly aid the client's case but would require extensive, unpaid research. Despite the high likelihood of success, the lawyer decides not to pursue this argument due to the time commitment involved and her already heavy workload of paying clients. Is the lawyer's decision ethically permissible?
- ANo, because the lawyer has a duty of diligence to pursue all reasonably available avenues to achieve the client's objectives.
- BYes, because lawyers are not obligated to incur significant uncompensated expenses for pro bono cases.
- CYes, because the lawyer has a right to manage her workload and prioritize paying clients.
- DNo, because accepting a pro bono case implies a commitment to dedicate unlimited resources, regardless of cost.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because the lawyer has a duty of diligence to pursue all reasonably available avenues to achieve the client's objectives.
A lawyer's duty of diligence applies equally to pro bono and paying clients. Once a lawyer agrees to represent a client, they must act with zeal and dedication, pursuing all reasonably available avenues to achieve the client's objectives, regardless of whether the client is paying. The lawyer's personal financial considerations or workload do not excuse a failure of diligence.
Why the other options are wrong
- B. While lawyers are not expected to bankrupt themselves, a duty of diligence still applies once representation is undertaken.
- C. Workload management does not excuse a failure to diligently pursue a client's objectives once representation is established.
- D. This is an overstatement; lawyers are not required to dedicate 'unlimited resources,' but they must provide diligent representation.
Diligence in Pro Bono Cases
The duty of diligence applies equally to all clients, whether paying or pro bono. A lawyer must act with reasonable promptness and zeal in pursuing the client's interests.
- Diligence duty is universal, regardless of fee.
- Lawyer must pursue client's objectives with zeal.
- Workload or financial considerations do not excuse lack of diligence.
Memory trick: Diligent Lawyer, Dedicated Pursuit, No Excuses.