Arkansas Legal Ethics
1.3:100 Comparative Analysis of Arkansas Rule
- Primary Arkansas References: AR Rule 1.3
- Background References: ABA Model Rule 1.3, Other Jurisdictions
- Commentary:
1.3:101 Model Rule Comparison
The Arkansas Rule is the same as the Model Rule.
1.3:102 Model Code Comparison
The comparison accepted by the Arkansas Supreme Court is identical to the comparison in the Model Rules.
1.3:200 Diligence and "Zeal"
- Primary Arkansas References: AR Rule 1.3
- Background References: ABA Model Rule 1.3, Other Jurisdictions
- Commentary: ABA/BNA — 31:401, ALI-LGL — 28, Wolfram — 10.3
Canon 7 of the Model Code required an attorney to represent a client "zealously within the bounds of the law." The requirement of zeal has been down-played in the Model Rules. The only reference is Comment [1] to Rule 1.3 requiring zeal in advocacy. But even then a lawyer is not obligated to press for every advantage for the client.
An attorney not only must act with reasonable diligence in representing a client, but in litigation must expedite matters out of fairness to the court and the adversary process. See AR Rule 3.2.
1.3:300 Promptness
- Primary Arkansas References: AR Rule 1.3
- Background References: ABA Model Rule 1.3, Other Jurisdictions
- Commentary: ABA/BNA — 31:401, ALI-LGL — 28, Wolfram — 10.3
Attorneys may be disciplined for failure to exercise reasonable diligence and promptness. See Colvin v. Comm. on Professional Conduct, 309 Ark. 592, 832 S.W.2d 246 (1992) (attorney suspended for making a conscious decision to ignore a civil lawsuit in order to concentrate on a criminal case). Likewise, an attorney may be professionally disciplined for a single neglectful act or omission. See Clark v. Sup. Ct. Comm. on Professional Conduct, 320 Ark. 597, 898 S.W. 2d 446 (1995) (attorney suspended for six months for ignoring clients' case for two years after motion to dismiss was filed); Walker v. Sup. Ct. Comm. on Prof. Conduct, 275 Ark. 158, 628 S.W.2d 552 (1982) (attorney failed to commence action before the running of the statute of limitations).