Ky. R. Sup. Ct. 3.130(3.2)

As amended through October 28, 2024

Rule SCR 3.130(3.2) - Expediting litigation

III PRACTICE OF LAW - ADVOCATE

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

Ky. R. Sup. Ct. SCR 3.130(3.2)

Adopted by Order 89-1, eff. 1/1/1990; amended by Order 2009-5, eff. 7/15/2009

Comment

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.