MBE Rules · Professional Responsibility
Diligence
Cal. Rule 1.3
The rule
A lawyer shall not intentionally, repeatedly, recklessly, or with gross negligence fail to act with reasonable diligence — California disciplines patterns, not mere single negligent acts.
In plain English
The diligence rule requires lawyers to consistently act with care and commitment to their clients' cases. In California, a lawyer can face disciplinary action for a pattern of neglect, rather than just a single instance of carelessness.
Worked example
A lawyer is representing a client in a personal injury case but fails to file necessary documents on time and misses multiple court deadlines. After several warnings from the court, the lawyer's repeated failures lead to the dismissal of the case. The lawyer is disciplined for a pattern of negligence.
Memory hook
Diligence: It's not just one slip-up; it's the pattern that gets you.
The trap
Exams may present scenarios where a lawyer's single mistake seems significant, but students must recognize that the rule focuses on repeated failures to act diligently. It's easy to overlook the pattern requirement.
How examiners test it
Questions often involve a series of events demonstrating a lawyer's neglect, requiring candidates to identify whether the actions constitute a pattern of lack of diligence leading to disciplinary action.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.
More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6