RULE 3.2 EXPEDITING LITIGATION

Obsolete Date: 8/1/2006

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

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.

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 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