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Home · Supreme Court Rules · CHAPTER 3: ATTORNEYS AND THE PRACTICE OF LAW · Article 5: Nebraska Rules of Professional Conduct. · §§ 3-503.1 to 3-503.9: Advocate.
§ 3-503.2. Expediting litigation.
Printer-friendly versionIn the lawyer’s representation of a client, a lawyer shall not file a suit, assert a position, conduct a defense, delay litigation or take other action on behalf of the client when the lawyer knows or when it is obvious that such action would serve merely to harass or maliciously injure another.
Supreme Court Rules
- CHAPTER 1: ADMINISTRATIVE OPERATIONS
- CHAPTER 2: APPEALS
- CHAPTER 3: ATTORNEYS AND THE PRACTICE OF LAW
- Article 1: Admission Requirements for the Practice of Law.
- Article 2: Limited Liability Professional Organizations.
- Article 3: Discipline Procedures for Lawyers.
- Article 4: Mandatory Continuing Legal Education for Lawyers.
- Article 5: Nebraska Rules of Professional Conduct.
- Revisor’s note.
- Preamble: A lawyer’s responsibilities.
- Scope.
- § 3-501.0. Terminology.
- §§ 3-501.1 to 3-501.18: Client-Lawyer Relationship
- §§ 3-502.1 to 3-502.3: Counselor
- §§ 3-503.1 to 3-503.9: Advocate.
- § 3-503.1. Meritorious claims and contentions.
- § 3-503.2. Expediting litigation.
- § 3-503.3. Candor toward the tribunal.
- § 3-503.4. Fairness to opposing party and counsel.
- § 3-503.5. Impartiality and decorum of the tribunal.
- § 3-503.6. Trial publicity.
- § 3-503.7. Lawyer as witness.
- § 3-503.8. Special responsibilities of a prosecutor.
- § 3-503.9. Advocate in nonadjudicative proceedings.
- §§ 3-504.1 to 3-504.4: Transactions With Persons Other Than Clients.
- §§ 3-505.1 to 3-505.7: Law Firms and Associations.
- §§ 3-506.1 to 3-506.5: Public Service.
- §§ 3-507.1 to 3-507.5: Information About Legal Services.
- §§ 3-508.1 to 3-508.5: Maintaining the Integrity of the Profession.
- Article 6: Professional Service Corporations.
- Article 7: Senior Law Students; Limited Practice of Law.
- Article 8: State Bar Association; Creation; Control; and Regulation.
- Article 9: Trust Fund Requirements for Lawyers.
- Article 10: Unauthorized Practice of Law.
- Article 11: (Reserved for future use.)
- Article 12: Registration of In-House Counsel.
- CHAPTER 4: CHILDREN AND FAMILIES
- CHAPTER 5: JUDGES
- CHAPTER 6: TRIAL COURTS
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Nebraska Judicial Branch
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.