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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action for damages arising from medical malpractice, Attorney M represents the plaintiff. Over six weeks, M files six continuance motions—each citing only scheduling conflicts or the need to obtain additional medical records—granted by the court and delaying trial by about four months. He also issues broad discovery requests with little substantive value and fails to promptly inform the client about case status, upcoming dates, or rulings. Opposing counsel moves for sanctions contending that these tactics delay the administration of justice. (a) Identify the controlling CPRA rule on Avoidance of Delay, including 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 M violated the CPRA; what sanctions or remedial measures would be appropriate if a violation is found.

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The controlling rule is Sec. 4 on Diligence, with Sec. 3’s first sentence serving only an introductory remark; continuances granted by the court cannot amount to delay. Sec. 3 first sentence is a general guideline rather than a binding rule for avoidance of delay; Secs. 4 and 7 only apply to the orderly conduct of trials, not to continuances in civil actions. The controlling rule is a balancing test between the attorney’s explanations for delays and the adversary’s prejudice; since prejudice is not shown, there is no violation. The controlling CPRA rule on Avoidance of Delay is Sec. 3, first sentence, which obligates lawyers to avoid unnecessary delay; Secs. 4 and 7 expand the duty to diligence and candor toward the court and opposing counsel, so the facts likely violate the CPRA and sanctions could range from admonition to suspension depending on gravity.

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