RULE 3.2 EXPEDITING LITIGATION
A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.
[1] The public, which pays the bill for the judicial system, is entitled to have it operate efficiently. Parties in litigation should have their disputes resolved promptly for the same reasons often given in support of doctrines favoring finality and preventing relitigation. The lawyer's duties must, therefore, include the obligation to assist the court in expeditious consideration and disposal of pending cases. A lawyer should, whenever the client's interests permit, assist the court in moving matters to final disposition more quickly than might be the case without the lawyer's affirmative assistance.
[2] It goes without saying that a lawyer may not use the legal process to
achieve delay, or delay the
normal consideration and disposal of pending cases. Such conduct would not only be
antithetical
to the spirit of this Rule, but is specifically forbidden by other law. Dilatory practices
bring the
administration of justice into disrepute. Delay should not be indulged merely for the
convenience
of the advocates, or Although there will be occasions when a lawyer may properly
seek a
postponement for personal reasons, it 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. It is
not
a justification that similar conduct is often tolerated by the bench and bar. The question is
whether
a competent lawyer acting in good faith would regard the course of action as having some
substantial purpose other than delay. Realizing financial or other benefit from otherwise
improper
delay in litigation is not a legitimate interest of the client.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 09/21/85 and 12/13/85; Minutes of the Joint Committee on Attorney Standards on 04/16/04, 03/18/05, 06/14/05.