Why do some lawyers use delaying tactics in court cases?

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Some Lawyers Employ Delaying Tactics in Court Cases

Certain defence lawyers resort to delaying tactics in court proceedings, primarily by filing interlocutory applications that are often without merit. This practice can lead to significant postponements of the main case, as any adverse ruling on these preliminary applications may be followed by an appeal, further extending the legal process. While the legal system allows for such applications and subsequent appeals, this approach can unduly prolong the resolution of cases, impacting victims and the overall efficiency of the judiciary.
Lawyers Utilize Interlocutory Applications and Appeals for Postponements

A common method employed by some lawyers involves submitting various interlocutory applications, irrespective of their likelihood of success or even being heard. If a judge rules against these applications, the lawyers may then file an appeal against that specific decision. This appellate process can halt the progress of the main trial, as the court must wait for the appeal to be heard and decided. This sequential filing and appealing of preliminary matters creates a protracted timeline for the underlying case.
Client Demands and Financial Incentives Influence Delay Tactics

In some instances, the impetus for delaying tactics originates from the clients themselves, who may explicitly request postponements and are willing to bear the associated costs. While some legal professionals have historically adhered to a slogan like "Justice hurried is justice buried," the landscape has evolved. It has been observed that when lawyers can financially benefit from a quicker disposal of cases, they may embrace swifter resolutions. However, this is not universal, and some lawyers continue to employ delaying strategies, sometimes driven by client requests or a specialized service offering.
Judicial Discretion and the Impact of Delays

The discretion afforded to judges in managing court proceedings plays a crucial role in the prevalence of delaying tactics. While former Chief Justice Tun Zaki Azmi was known for his stringent stance against postponements, significantly reducing pending cases during his tenure, the system can still allow for delays. For example, a rape case was cited as taking nine years to conclude due to such delays. This prolonged duration can have a severe impact on victims and witnesses, who are forced to repeatedly attend court, highlighting the critical need for timely justice.

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Why do some lawyers use delaying tactics in court cases?

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