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In the 1962 decision of Link v. Wabash Railroad Co., the United States Supreme Court reviewed a district court's sua sponte dismissal of a diversity negligence action. Six years after the plaintiff filed the matter, the district court scheduled a pretrial conference and gave counsel two weeks notice of the scheduled conference. On the day of the conference, plaintiffs counsel called the court to say that he would be unable to attend the conference, giving the impolitic reason that he was busy preparing some documents for the state supreme court. The attorney did not attend the conference, and the district court dismissed the matter for failure to appear and prosecute the claim.


Originally published in Nebraska Law Review v. 86, no. 2 (2007). Made available by HeinOnline:

Original Publication Information

Giesel, Grace M. "Client Responsibility for Lawyer Conduct: Examining the Agency Nature of the Lawyer-Client Relationship." Nebraska Law Review , vol. 86, no. 2, 2007, pp. 346-395.