Also known as:reasonably diligent effort · reasonable diligent efforts · reasonable efforts
Written by attorneys · grounded in primary & secondary sources — see below
Actions or measures undertaken to fulfill a duty or obligation that meet the standard a reasonable person would employ with appropriate care and attention under the circumstances.
Sources & Authorities· 18 primary sources
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
How it applies
Common Examples
6
Lawyer Protects Client Data
Roger Ramirez, a solo practitioner, stored client files on an unsecured cloud service. After learning of a breach risk, he immediately switched to encrypted storage, updated access logs, and trained his assistant on password protocols. These steps satisfied the requirement that he take actions meeting the standard a reasonable lawyer would use to safeguard information.
Agent Reports Key Information
Robert Rivera, an agent managing property for principal Rosalind Reed, learned of a pending zoning change affecting the land. He promptly notified Reed by certified letter and followed up with a phone call summarizing the impact. These actions fulfilled the duty to communicate relevant facts that a reasonable agent would recognize the principal wanted to know.
Proponent Seeks Alternative Evidence
Raymond Ramos offered a hearsay statement at trial. The court required him to show the evidence was more probative than other proof obtainable through reasonable efforts. Ramos contacted three former colleagues, reviewed archived emails, and hired a private investigator before concluding no better source existed. These steps demonstrated the necessary diligence.
Lawyer Moves Case Forward
Rowan Russell represented a client in a contract dispute. After the defendant delayed discovery responses, Russell filed targeted motions to compel and scheduled a status conference within two weeks. These measures reflected the standard of prompt action a reasonable lawyer would take to advance litigation without unnecessary delay.
Attorney Responds to Discovery
Ricardo Rojas received a proper document request from opposing counsel. He immediately organized his client's records, reviewed them for privilege, and produced responsive materials within the deadline while logging any withholdings. These steps met the obligation to comply with discovery through diligent and reasonable measures.
Lawyer Clarifies Role to Unrepresented Party
Rising Sun Electronics negotiated a settlement with an unrepresented former employee. Its counsel explained that she represented only the company and advised the employee to obtain independent counsel before signing. These disclosures satisfied the duty to correct misunderstandings through reasonable and prompt communication.
Common questions
Frequently Asked
4
What must a managing lawyer do to satisfy the duty to ensure firm compliance with ethics rules?+
A managing lawyer must implement firm-wide systems such as updated conflict checks, training, and supervision protocols tailored to the practice setting. Failure to update procedures after the firm adopts remote work or hires many new lawyers constitutes a breach because the duty requires reasonable efforts at the organizational level, not merely personal compliance.
Supporting sources
When does a successor trustee breach the duty to protect trust assets?+
A successor trustee breaches the duty by failing to take reasonable steps to recover property wrongfully transferred by a predecessor. Discovering a self-dealing deed and then doing nothing, rather than demanding reconveyance or pursuing remedies, violates the obligation to act with diligence to safeguard trust property.
Supporting sources
How does the reasonable-efforts standard apply to an agent's duty to disclose information?+
An agent must communicate facts the principal would want to know when the agent has notice of their relevance and can do so without violating a superior duty. Withholding information about an interview subject's conflict of interest while developing a documentary meets the standard only if a superior confidentiality obligation prevents disclosure.
Supporting sources
What constitutes reasonable efforts by officers to avoid unnecessary delay in presentment?+
Officers must attempt contact with an available magistrate by telephone or other means rather than defaulting to overnight detention based on untested assumptions about court hours. Ignoring known availability and routine departmental practice alone does not satisfy the diligence required by the warrant's command.
Supporting sources
ContractsRemedies · Expectation interest (including direct, incidental, and consequential damages)UBEIntermediate