Multistate Professional Responsibility Exam Practice Question
An attorney is representing a plaintiff whose goal is to draw out a case purely to inconvenience the opposing party. After reviewing the matter, the attorney determines there is no bona fide basis for delaying tactics and that any postponement motions would serve no constructive purpose. Under the professional conduct rules, what should the attorney do?
The attorney can prolong the suit if the client is willing to pay for any extra fees
Send an anonymous letter to the court, describing your client's request to delay
The attorney should avoid requesting delays without legitimate reasons, even if the client requests them
The attorney should request postponements for valid legal reasons
ABA Model Rule 3.2 obligates a lawyer to make reasonable efforts to expedite litigation consistent with the client's interests. Delaying a proceeding simply to inconvenience the adversary, or to obtain a fee, is improper because it lacks a substantial purpose beyond delay. Therefore, the lawyer must refuse to file or request postponements that have no legitimate legal justification, even if the client directs otherwise. Accepting extra payment to slow the case or communicating anonymously with the court would both violate the rules. A postponement could be sought only when a genuine, substantive ground exists-something the attorney has already concluded is absent here-so the choice instructing the attorney to request postponements is incorrect.
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