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.
Application:
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.
The information provided herein is informational only and should not be construed as legal advice or as an agreement for representation. This is not an advertisement. If you have an issue or dispute with your attorney, or are seeking advice with respect to your obligations, you should consult with an experienced attorney. Parker Taylor Law Group is a full-service litigation and transactional law firm. Mr. Parker has represented clients in professional malfeasance disputes for over 22 years. If you would like to schedule an initial consultation with Mr. Parker or his team, you can reach them at 916/996-0400 or at contact@parlawgroup.com. (An email to the law firm requesting a consultation does not create an attorney-client relationship or any agreement for representation by the firm.)
Rules of Professional Conduct, California Bar Association, American Bar Association, Legal Malpractice, Breach of Fiduciary, Client Rights