Following is the seventeenth in a series of posts about recent changes to the California Bar Association’s Rules of Professional Conduct (RPC). This rule is found in Chapter 3, which is titled “Advocate.”
This is a new rule, not a revision of a previous one. CBA’s Rule 3.2 addresses “delay of litigation” and can be seen here:
Rule 3.2 Delay of Litigation
In representing a client, a lawyer shall not use means that have no substantial purpose other than to delay or prolong the proceeding or to cause needless expense.
CBA’s Rule 3.2, as set forth above, addresses the need for an attorney not to prolong any part of the process involved with their representation of a client in a particular matter. To do so would not only add to the fees the client would be expected to pay; it would also show a disregard for the client’s best interests.
Rule 3.2 of the American Bar Association’s (ABA) RPC is titled “Expediting Litigation.” The content is similar to CBA’s Rule 3.2, but the ABA’s rule is simpler in that it merely states: “A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.” Same message, fewer words.
Benefit: Generally speaking, this rule can protect the client from excessive charges that are based on unnecessary services an attorney may have added on to a client’s matter.
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Rules of Professional Conduct, California Bar Association, American Bar Association, Legal Malpractice, Breach of Fiduciary, Client Rights