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A Lawyer for a Plaintiff Was Becoming Very Frustrated with the Defendant's

Question 37

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A lawyer for a plaintiff was becoming very frustrated with the defendant's attorney. The lawyer represented the plaintiff in a personal injury suit, and the defendant's attorney regularly asked for extensions. First, the defendant's attorney asked for an extension of time to file an answer; then, instead of an answer, the defendant filed a motion to dismiss; then, when the motion was denied, the defendant filed an answer, but requested a discovery schedule that allowed more than two years for the completion of discovery; then, the defendant twice asked for an extension of time to respond to a request for production of document; and then, three times, the defendant rescheduled the defendant's deposition. Later, the defendant asked for an extension of time to respond to the lawyer's motion for summary judgment, and two weeks before trial, the defendant requested that the trial be rescheduled to a later date. When asked why the delays were necessary, the defendant's counsel often responded that either he or his client was too busy or that he or his client had vacation plans. Is the attorney subject to any (potential) disciplinary action?


A) Yes, because courts will not tolerate attorneys who are not diligent in responding to litigation matters.
B) Yes, because a plaintiff in a civil case has a right to a speedy trial.
C) No, unless the requested extensions show a lack of reasonable efforts to expedite litigation.
D) No, because defendants have the right to thoroughly investigate and defend every aspect of a plaintiff's claim.

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