Paralegal

Category - Ethics

Model Rule 3.2 requires that a lawyer “make reasonable efforts to expedite litigation consistent with the interests of the client.” Which of the following is NOT an example of failing to expedite litigation?
  1. A lawyer reschedules a hearing because it conflicts with a pre-planned vacation.
  2. A lawyer routinely asks for delays in litigation for personal reasons.
  3. A lawyer in litigation uses tactics to frustrate an opposing party’s claim.
  4. A lawyer delays a litigation matter because the client pays the lawyer a fee to do so.
Explanation
Answer: A - A lawyer reschedules of a hearing because it conflicts with a pre-planned vacation. “[I]t is not proper for a lawyer to routinely fail to expedite litigation solely for the convenience of the advocates. Nor will a failure to expedite be reasonable if done for the purpose of frustrating an opposing party’s attempt to obtain rightful redress or repose. . . . . Realizing financial gain or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client.” Model Rule 3.2, comment 1. Answer A is the best choice because a one-time scheduling conflict is not a failure to expedite litigation, and because Answers B, C, and D are all examples of failure to expedite in the comment to Rule 3.2.
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