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Section 1.32 Expediting Litigation
Library | App Ct Prac 2015 Supp |
B. (§1.32) Expediting Litigation
Rule 4–3.2 requires a lawyer to “make reasonable efforts to expedite litigation consistent with the interests of the client.” Pursuing an appeal for improper purposes may be an act of delaying the resolution of litigation and, thus, a violation of this rule. The Comment to the Rule indicates that realizing financial or other benefits from an otherwise improper appeal is not a legitimate interest of the client. An appeal should never be taken for the purpose of frustrating an opposing party’s attempt to obtain rightful redress. Such a tactic...
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- Chapter 1 Initial Considerations: Evaluating a Case for Appeal; Ethical Considerations on Appeal; New Counsel on Appeal?
- Section 1.1 Introduction
- Section 1.2 Primary Factors to Be Considered
- Section 1.3 Aggrieved
- Section 1.4 Timeliness
- Section 1.5 Posttrial Motions
- Section 1.6 Finality
- Section 1.7 Record
- Section 1.8 Cooperation of Trial Counsel
- Section 1.9 Client’s Motivations
- Section 1.10 Attorney’s Motivations
- Section 1.11 Should There Be an Appeal?
- Section 1.12 Success Rate
- Section 1.13 Presumptions on Appeal
- Section 1.14 Critical Point
- Section 1.15 Law and Facts
- Section 1.16 Introduction
- Section 1.17 Abuse of Discretion
- Section 1.18 Findings of Fact, Murphy v. Carron, and the Clearly Erroneous Standard
- Section 1.19 De Novo Review
- Section 1.20 Orders Relating to New Trial Motions
- Section 1.21 Jury Instructions
- Section 1.22 Plain Error
- Section 1.23 Conclusion
- Section 1.24 Making a Prognosis
- Section 1.25 Financial
- Section 1.26 Time and Effort
- Section 1.27 Leverage
- Section 1.28 Ethics
- Section 1.29 Advising the Client
- Section 1.30 Ethical Considerations in Appellate Practice
- Section 1.31 Good Faith and Prudence
- Section 1.32 Expediting Litigation
- Section 1.33 Competence
- Section 1.34 Contractual Obligations
- Section 1.35 Protecting the Client
- Section 1.36 New Counsel on Appeal?
- Section 1.37 Trial Counsel as Appellate Advocate
- Section 1.38 Any Lawyer Can Do it
- Section 1.39 Loyalty
- Section 1.40 Knowledge of the Case
- Section 1.41 Retaining Clients
- Section 1.42 Appeals as Training
- Section 1.43 The Case for New Counsel on Appeal
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