Multistate Professional Responsibility Exam Practice Question
An attorney is representing a plaintiff whose goal is to draw out a case to inconvenience the opposing party. The attorney sees no bona fide basis for these requests and believes they serve no constructive purpose. Which choice reflects the most appropriate course under professional guidelines?
The attorney should avoid requesting delays without legitimate reasons, even if the client requests them
The attorney can prolong the suit if the client is willing to pay for any extra fees
The attorney should request postponements for valid legal reasons
Send an anonymous letter to the court, describing your client's request to delay
Lawyers have a duty to move matters forward and refrain from needless postponements. The best response highlights a commitment to avoiding unnecessary delay, even if the client wishes otherwise. A choice indicating it is acceptable to slow the case in exchange for payment disregards the lawyer’s responsibility to expedite proceedings. Similarly, advice to request postponements when a party wishes them disregards the professional obligation that any delay be justified by legitimate reasons.
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What should an attorney consider when a client asks for delays?