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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for damages arising from a workplace accident, Plaintiff's counsel, Attorney V, represents the plaintiff. Over six weeks, Attorney V files seven continuance motions—each citing only scheduling conflicts or the need to obtain additional documents—and the trial court grants all, delaying trial by about three months. He also serves discovery requests that are broad in scope and seek documents not reasonably related to the case, and he fails to promptly inform the client about the case status, upcoming dates, or rulings. Opposing counsel moves for sanctions contending these tactics delay the administration of justice. With respect to the CPRA on Avoidance of Delay, Sec. 3’s first sentence, and Secs. 4 and 7: (a) identify the controlling CPRA rule on Avoidance of Delay and the significance of Sec. 3’s first sentence; (b) explain how Secs. 4 and 7 relate to this duty and what additional obligations they impose; (c) apply the rule to the facts and determine whether Attorney V violated the CPRA; what sanctions or remedial measures would be appropriate if a violation is found.

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Clara

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