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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for damages arising from a vehicular collision, Attorney P represents the plaintiff. Over a six-month period, Attorney P files nine continuance motions—each citing only scheduling conflicts or the need to obtain additional medical records—and the trial court grants all, delaying trial by about four months. The attorney also issues discovery requests with little substantive value and repeatedly moves for protective orders; these motions are granted. The attorney fails to promptly inform the client about the case status, upcoming dates, or rulings. Opposing counsel moves for sanctions contending that these tactics delay the administration of justice. (a)Identify the controlling CPRA rule on Avoidance of Delay, including the significance of Sec. 3’s first sentence. (b)Explain how Secs. 4 and 7 relate to this duty and what additional obligations they impose. (c)Apply the rule to the facts and determine whether Attorney P violated the CPRA; what sanctions or remedial measures would be appropriate if a violation is found.

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Clara

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