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Rule 4-3.2 — Expediting Litigation

Rule Text (verbatim from The Florida Bar)

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

Educational reference. This page summarizes a Florida Rule of Professional Conduct for educational purposes. The rule text and Comment are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary and any commentary are the opinion of Phillips, Hunt & Walker and are general information only — not legal advice. Reading this page does not create an attorney-client relationship. If you believe a Florida lawyer has violated this rule, you can file a complaint with The Florida Bar at floridabar.org. Past results do not guarantee a similar outcome.

What this rule means in plain English

A Florida lawyer must make reasonable efforts to expedite litigation consistent with the client’s interests. The rule pushes back against the strategy of dragging things out to inflate fees or exhaust the opposing party. Reasonable delay tied to legitimate case needs (waiting for discovery, expert reports, settlement negotiations) is fine; deliberate stall tactics to advantage one side over the other are not. The rule cross-references real consequences in many courts’ case management orders.

Comment (verbatim from The Florida Bar)

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.
Amended March 23, 2006, effective May 22, 2006 (933 So.2d 417).

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