The last-minute filing of legal documents can often add to the existing strains of litigators who constantly grapple with bout tight deadlines. These additional pressures can result in lawyers working extended hours and weekends to compensate for the reduced preparation and filing times. As reported on Above the Law, such last-minute filings can sometimes feel more tactical than due to necessity, aimed at reducing the time an adversary has to prepare a counter response.
The impact of this practice is two-fold. First, it may affect the quality of the response due to decreased preparation time. Second, it adds undue pressure in an already high-tension environment. While some argue this is merely part of the legal game and a way to secure an advantage for clients, it could lead to unnecessary animosity and increased stress levels among the legal professionals involved.
Take for example, a case earlier this year, where the recipient of last-minute documents had expected the adversary to file as early as possible. However, the documents were filed only late in the evening, leaving a significantly reduced window to prepare a counter response and imposing the need to work over the weekend.
However, it is important to note that sometimes, situations beyond control might also lead attorneys to file at the last minute. Family emergencies, an overload of work, or various other unpreventable circumstances could make late filings unavoidable.
While there is no clear rule of thumb, a beneficial practice could be to file a day or so before the deadline whenever possible. This not only ensures courtesies are observed, but it also reduces the likelihood of a court adjourning a return date. This approach could prevent an adversary from extending their filing period, which could affect the materials produced for a given motion cycle.
In conclusion, while the legal profession demands meeting stringent timelines, a balance between courtesy and professional tactics might make the litigation practice less stressful by accommodating early filings whenever possible.