CHAPTER 2 - 2-2 EXPEDITING MATTERS

• Jurisdiction: United States

2-2 Expediting Matters

A lawyer must take reasonable measures to expedite litigation consistent with the interests of the client.³⁷ The commentary to the rule attempts to strike a balance between a lawyer seeking reasonable delays to accommodate a personal schedule conflict and one who seeks delay simply to frustrate his opponent. The commentary applies a "competent lawyer acting in good faith" standard for evaluating whether the delay is for good cause or simply for the purpose of improper delay.

One case involving improper delay is Pavone v. West.³⁸In Pavone an attorney refilled a matter under the accidental failure of suit statute when the original case was dismissed for failure to make proper service. Plaintiff's counsel did not advise defendant's counsel that the matter had been refiled and when the defendant did not...