The duty of diligence required on the lawyer’s civil liability: the no exercise of the action in the legal term

Abstract

This article analyzes how the jurisprudence has been delimiting the duty of diligence of the lawyer to attribute civil liability when there is a damage. For this, it is based on the legal regulation of the duty of diligence required on the lawyer, considering its professional regulations and, especially, its regulation in the recent Deontological Code of the Legal Profession; and the legal consequences of its default, which are a disciplinary and a professional civil liability if the requirements that have been defining the jurisprudence are met. Next, the professional malpractice is analyzed in relation to the specific case of the no exercise of the action in the legal term, the legal of this obligation and the burden of proof, through the jurisprudence dictated by our Supreme Court, performing special consideration to the recent judgment of June 10, 2019.