Thursday, November 3, 2011

A litigant is not entitled to continuous postponements to allow for the substitution of counsel

Re Jennifer Hart, 2011 NLCA 64 has some useful language about adjournments to obtain new counsel:

 

[60]      A litigant is not entitled to continuous postponements to allow for the substitution of counsel simply on the ground that if he engages someone else that person may think of some additional argument that the original counsel did not think of. In this case, there is nothing to suggest that counsel for Mr. Hart did not act fully professionally in researching the case and preparing the factum that has been filed. It has to be presumed in the absence of any indication to the contrary that all proper steps, including review of trial counsel’s file, were taken by the counsel in performing her duties.

 

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