When your attorney grants an extension to the other side in your case, they’re making a careful professional judgment based on years of litigation experience. Understanding the reasoning behind these decisions can help you feel more confident about your case’s progress
The Reality of Modern Litigation
Litigation involves multiple moving parts and competing demands on everyone’s time. Even the fastest lawsuits typically take a year or more to resolve. Throughout this process, your attorney needs to make numerous tactical decisions about how to manage deadlines and scheduling. These decisions are part of the normal flow of litigation and rarely affect a case’s final outcome.
Professional Judgment at Work
Your attorney understands your desire to move quickly, but they also know that courts expect lawyers to work together professionally on routine matters like scheduling. As noted in a New York State Bar Association article, “It is widely known that judges do not want to waste valuable time dealing with minor matters that competent counsel should be able to resolve” (NYSBA Journal, 2012). When your attorney grants a reasonable extension, they’re demonstrating the kind of professional courtesy that judges expect and respect.
A Judge’s View: The Golden Rule of Legal Practice
A recent case perfectly illustrates how courts view extension requests. In December 2024, a federal judge addressed the issue head-on when one party refused to grant an extension unless their opponent promised not to file a motion to dismiss. Despite the underlying case involving serious allegations of harassment and discrimination, the judge called this behavior “wholly inappropriate” and emphasized that “there is generally no good reason that an extension such as this should be opposed, let alone denied.” He went further, reminding attorneys that the Golden Rule—do unto others as you would have them do unto you—is “not just a good rule of thumb for everyday life. It is a critical component of legal professionalism.”
How Extensions Actually Help Your Case
When your attorney extends professional courtesies, it works to your advantage in several ways. First, it builds invaluable credibility with the court. Second, it fosters an environment where discussions or negotiations can proceed more productively. Third, it ensures that if you or your attorney ever needs additional time—perhaps to respond to a complex motion or to accommodate an unexpected emergency—they’re more likely to receive the same courtesy in return.
The Cost-Benefit Reality
Some clients worry that extensions drive up costs, but the opposite is usually true. As former Supreme Court Justice Sandra Day O’Connor noted, incivility between attorneys “wastes time and energy – time that is billed to the client at hundreds of dollars an hour, and energy that is better spent working on the case than working over the opponent” (NYSBA Journal, 2016). When attorneys maintain professional relationships, cases move more efficiently despite occasional extensions.
Understanding Your Frustration
If you’re feeling frustrated about your attorney granting extensions to the other side, you’re not alone. Perhaps the opposing party has treated you unfairly, failed to honor agreements, or caused significant harm—why should their attorneys receive any courtesy? This reaction is completely understandable. However, it’s crucial to recognize that extending professional courtesy to opposing counsel is not the same as being lenient with the opposing party. Your attorney can and will zealously represent your interests while maintaining professional relationships with other attorneys.
A Strategic Approach
Your attorney’s job is to vigorously pursue your interests while navigating the practical realities of litigation. When your attorney grants a reasonable extension, they’re not being soft on the opposing party: they’re being strategic in maintaining the professional relationships, rapport, and credibility needed to advocate most effectively for you. This approach ensures that when crucial moments in your case arrive—perhaps when you need an extension or when settlement opportunities arise—your attorney has maintained the professional goodwill to achieve the best possible outcome.
The next time your attorney mentions granting an extension, remember that they’re making a considered decision based on their experience and understanding of how to best achieve your goals. While the path might sometimes feel longer than you’d like, trust that your attorney is charting the most effective course to reach your desired destination.
Contribution to this blog by Michael Touma.
