Procrastination is a common human tendency—many people delay unpleasant tasks or prioritize more urgent matters. Lawyers are no exception, and clients too often postpone responsibilities, sometimes making their attorneys’ work significantly more difficult. Because it’s hard to change a client’s behavior, lawyers should plan for delays as part of their overall legal strategy.
Throughout my career, I’ve seen many clients delay actions to their own detriment. One of the most frequent problems is waiting too long to hire a lawyer. After being served with legal papers, a party typically has 20 to 35 days to respond, depending on the jurisdiction. This is usually enough time to draft motions to dismiss or prepare counterclaims—if action is taken promptly.
However, clients often contact a lawyer with only a small portion of that time left, limiting what the attorney can do. For example, there may not be enough time to fully draft a motion to dismiss or include all desired arguments. Similarly, preparing detailed counterclaims may not be feasible. While extensions can sometimes be requested, they aren’t always available and often come with compromises.
Client procrastination can also create more work for lawyers. For instance, attorneys often rely on affidavits that clients must review and sign. These documents are often cited in supporting briefs, so it’s ideal to finalize them early. But when clients delay returning signed affidavits until just before deadlines—despite being warned—it forces lawyers to rush finalizing filings, increasing stress and the risk of errors.
To manage procrastinating clients, lawyers can take proactive steps. Making tasks easier, such as enabling electronic signatures instead of manual ones, can help reduce delays. It’s also useful for lawyers to manage their own expectations. In my experience, clients almost always complete important tasks because they recognize the stakes. Accepting that some delay is normal can reduce stress and help lawyers focus on what they can control.