By Stacy Plotkin-Wolff
You are sitting at your desk, organizing the many tasks for the three trials scheduled next month, your family obligations, and your volunteer work. You wonder how you will get it all done when you receive an email inviting you to be an attorney scorer at the mock trial competition finals. Shortly after, your supervisor enters your office and wants you to take on two more high-profile cases. What do you do? You are ambitious, have a strong work ethic, and hate saying no. You want to take on those new opportunities, but can you handle all of them without violating your ethical duties?
Attorneys need to be driven and ambitious, but it’s also crucial to consider professional duties and ethical boundaries to avoid becoming overwhelmed. Recognizing when your workload, extracurricular activities, and family obligations are pushing your limits is essential.
It’s also vital to resist the temptation to take on new tasks when you’re inundated to maintain your mental, emotional, and physical well-being. According to California Rules of Professional Conduct (CRPC) Rule 1.1, attorneys must have the necessary knowledge, skills, and mental, emotional, and physical abilities to perform services. If stress, lack of sleep, or other factors affect your performance, you may not meet the standard of competence, even if you possess the necessary skills.
CRPC Rule 1.3 requires that lawyers diligently and dedicatedly work toward their clients’ interests, avoiding neglect or undue delays. Failing to act promptly to safeguard a client’s interests violates that duty. Furthermore, Rule 1.4(a)(3) of the CRPC and Business and Professions Code section 6068(m) require lawyers to keep clients informed about significant developments. Thus, even if you have the time for the new assignment or opportunity, it is necessary to also consider whether you have the time to communicate with your clients in new and existing matters.
Impairments such as mental health issues, stress, substance use, or traumatic events can hinder a lawyer’s ability to practice law competently and diligently. Recognizing and addressing these challenges is essential, as an impaired lawyer has the same ethical obligations as any other lawyer. If you or someone else needs assistance in this area, please contact the Lawyers Assistance Program at (877) 527-4435 or the Other Bar at (800) 222-0767.
A heavy caseload generally does not justify a lack of diligent and competent performance. This is supported by State Bar of California Commission on Professional Responsibility and Conduct, Formal Opinion No. 2021-206, and supported by cases like Blair v. State Bar, 49 Cal. 3d 762, 780 (1989), Silva-Vidor v. State Bar, 49 Cal. 3d 1071, 1074–75 (1989), and Carter v. State Bar, 44 Cal. 3d 1091, 1101 (1988). Workload, scheduling issues, marital problems, injuries, and physical and mental health conditions are not valid excuses for misconduct.
Ultimately, whether an attorney has acted diligently and competently depends on the facts and circumstances of each case. Lawyers must assess their ability to meet their professional obligations before taking on additional work or commitments, ensuring they can uphold the highest standards of the profession. Remember, it’s okay to seek support and delegate tasks when necessary to maintain high-quality performance and uphold professional responsibilities. Also remember, we all have to say no sometimes and that is okay.