Due Dates in the Real World: Extensions, Equity, and the Hidden Curriculum

• Author: Sarah J. Schendel
• Position: Associate Professor of Academic Support, Suffolk University Law School
• Pages: 203-233

Due Dates in the Real World: Extensions, Equity,

and the Hidden Curriculum

SARAH J. SCHENDEL*

ABSTRACT

“Our job is to prepare them for the real world.” This statement is not an un-

usual, nor an unreasonable, justification for pedagogical decisions throughout

legal education. The dual role of law school as both an intellectually challeng-

ing academic endeavor and a training ground for the profession places it at an

intersection ripe for “real world” considerations. As one example, many profes-

sors argue that inflexible deadlines (and dire consequences should they fail to

be met) are necessary preparation for legal practice. However, as many experi-

enced attorneys will report, extensions are hardly uncommon in the practice of

law. This Article argues that the ability to not only ask for an extension, but

also to avoid procrastination, anticipate when an extension will be needed, and

communicate professionally in that request, are skills that law schools must

teach. The necessity of these skills, and their place in the law school curriculum,

is a matter of professionalism, equity, and practicality. Bringing together edu-

cational pedagogy, the Model Rules of Professional Conduct, and actual cases

of attorney discipline, this Article makes the case for extensions in law school—

and in the “real world.”

TABLE OF CONTENTS

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204

I. EXTENSIONS GRANTED AND DENIED . . . . . . . . . . . . . . . . . . . . 208

II. THE RULES OF PROFESSIONAL RESPONSIBILITY . . . . . . . . . . . . 211

A. COMPETENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213

* Associate Professor of Academic Support, Suffolk University Law School. The Author thanks Suffolk

Law for its ongoing support of faculty scholarship; extends her gratitude to friends and colleagues Gabe

Teninbaum, Dyane O’Leary, Herbert Ramy, and Jennifer Ciarimboli for comments on earlier drafts of this arti-

cle; and thanks Suffolk Law students Rebecca Driscoll-Shawver and Eleni Constantinou for research assis-

tance. Finally, the Author wishes to thank the editors of GJLE, especially Ben Phillips and Courtney Neufeld,

for their clear communication around deadlines for this piece, and their understanding of my (multiple) requests

for extensions. © 2022, Sarah J. Schendel.

203

B. DILIGENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215

C. EXPEDITING LITIGATION . . . . . . . . . . . . . . . . . . . . . . . . . 216

D. PROMPTNESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217

III. DUE DATES IN LAW SCHOOL . . . . . . . . . . . . . . . . . . . . . . . . . . 219

A. EQUITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219

B. PROFESSIONALISM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222

C. PROCRASTINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226

D. A PEDAGOGY OF KINDNESS . . . . . . . . . . . . . . . . . . . . . . . 228

E. THE HOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231

CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233

INTRODUCTION

Whether an attorney focuses on litigation or transactional work, federal or state

practice, criminal defense or business law, deadlines are a uniting source of orga-

nization and anxiety.

1

Often imposed by the court and regulatory bodies, dead-

lines help lawyers prioritize and ensure the smooth operation of our legal system.

Deadlines are part of both the operational and emotional life of legal practice: the

looming presence of hearing dates and filing requirements can provide structure

to workdays and workflows, while also adding to the environment of stress that

has come to typify legal practice.

2

Stella J. Phillips, Putting It All Together: Law Schools’ Role in Improving Appellate Practice, 31 U. ARK.

LITTLE ROCK L. REV. 135, 153–56 (2008). (“Lawyers labor under extreme time pressure-filing deadlines and

hearing dates always seem to be looming.”); Dylan Jackson, Legal Professionals Were Already Struggling

With Stress and Isolation, and the Pandemic Has Made Things Much Worse, LAW.COM (May 3, 2021, 5:00

AM), https://www.law.com/americanlawyer [https://perma.cc/6MQ4-6UNA] (“[P]ressure from clients again

came up as a frequent gripe. Lawyers have long said that unreasonable client demands and artificial deadlines,

exacerbated by the internal demands of partners seeking to accommodate clients, are one root cause of their

mental health strife.”).

Late nights and last-minute filings may some-

times be a matter of zealous advocacy.

3

Normal Procedural Regularity, DIVIDED ARGUMENT (May 15, 2021), https://overcast.fm/þuZSQFuoqk/

26:13 [https://perma.cc/62XF-QKZU].

More often, however, a desperate rush

across the finish line is a sign of disorganization, an untenable workload, unrealis-

tic supervisor expectations, or some combination of these factors.

4

Mindy Rattan, Overworked Lawyer Admonished for Missed Discovery Deadlines, BLOOMBERG LAW

(May 10, 2018, 2:50 PM), https://news.bloomberglaw.com/business-and-practice/overworked-lawyer-

admonished-for-missed-discovery-deadlines [https://perma.cc/5473-5YYV] (“The Supreme Court of New

Even where

1. Because this Article addresses academic and workplace settings, the terms “due dates” and “deadlines”

are used interchangeably. Generally, “due date” is more common in the academic setting and “deadline” is

more common in a workplace setting.

2.

3.

4.

204 THE GEORGETOWN JOURNAL OF LEGAL ETHICS [Vol. 35:203