A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.
C.R.C.P. app TO CHAPTERS 18 TO 20 R. R. 3.2
COMMENT
[1] Dilatory practices bring the administration of justice into disrepute. Although there will be occasions when a lawyer may properly seek a postponement for personal reasons, it is not proper for a lawyer to routinely fail to expedite litigation solely for the convenience of the advocates. Nor will a failure to expedite be reasonable if done for the purpose of frustrating an opposing party’s attempt to obtain rightful redress or repose. It is not a justification that similar conduct is often tolerated by the bench and bar. The question is whether a competent lawyer acting in good faith would regard the course of action as having some substantial purpose other than delay. Realizing financial or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client.
ANNOTATION Law reviews. For article, “Enforcing Civility: The Rules of Professional Conduct in Deposition Settings”, see 33 Colo. Law. 75 (March 2004). Annotator’s note. Rule 3.2 is similar to Rule 3.2 as it existed prior to the 2007 repeal and readoption of the Colorado rules of professional conduct. Relevant cases construing that provision have been included in the annotations to this rule. Conduct violating this rule in conjunction with other disciplinary rules is sufficient to justify suspension. People v. Robinson, 853 P.2d 1145 (Colo. 1993); People v. Barr, 855 P.2d 1386 (Colo. 1993); People v. Maynard, 238 P.3d 672 (Colo. O.P.D.J. 2009); People v. Staab, 287 P.3d 122 (Colo. O.P.D.J. 2012).