Legal Question in Legal Ethics in California
Canceling a court date
Is it appropriate for an attorney to cancel a long-awaited trial date which has been on calendar for at least 2 months because the attorney has since scheduled a vacation?
1 Answer from Attorneys
Re: Canceling a court date
Ordinarily, an attorney will not cancel a trial date unilaterally without checking with his/her client, opposition and the court. In many cases, particularly those in "fast track" jurisdictions, the Court is not inclined to continue trials absent good cause. Did the attorney confer with the client about the need to continue? If there was a date set, what were the chances that the case would have actually gone forward on that date? If there is a continuance, is it a short period of time so that the delay won't prejudice the parties or the case?