In the legal profession, every decision carries weight. One misstep can lead to a malpractice claim that not only impacts your career but also your clients. With the inherent complications of law there are several issues that may arise – but year over year, both nationally and here in Oklahoma, calendar- and deadline-related issues are noted in more than 30% of claims.
Missed Deadline Leads to Dismissal
A young and capable attorney, let’s call him John, was handling a civil litigation case for a client. The case was complex, involving multiple parties and numerous documents. As the deadline for filing a crucial motion approached, John found himself overwhelmed with the demands of his growing practice.
In his haste, he overlooked a critical court date. The motion was not filed on time, and as a result, the court dismissed the case, citing John’s failure to adhere to procedural rules. Not only did this outcome devastate John’s client, but it also led to a malpractice claim against him.
What Went Wrong?
It seems obvious, but here are the key missteps in John’s case.
- Poor Time Management. John failed to prioritize tasks effectively and manage his time, leading to oversight of critical deadlines.
- Lack of Systematic Tracking. He did not have a reliable system in place for tracking important dates and deadlines.
- Neglecting to Communicate. John did not keep his client informed about the case status or the potential risks of missing deadlines.
How to Avoid These Mistakes
John’s experience serves as a valuable lesson for all attorneys. Here are actionable strategies to help you avoid similar pitfalls:
- Implement a Case Management System. Utilizing comprehensive case-management software, like Clio, can help you keep track of all deadlines and important dates. Look for features that include calendar reminders and document storage. Setting automated alerts for upcoming deadlines helps ensure nothing slips through the cracks, while keeping all relevant documents organized and in one place makes access and reference easier.
- Develop a Time-Management Strategy. Prioritize your tasks effectively by using techniques such as the Eisenhower matrix, which can help you differentiate between urgent and important tasks so you can best focus your efforts where they matter most. You can also implement time blocking, or allocate specific time slots for different activities, allowing you to dedicate focused time to critical tasks.
- Regularly Communicate with Clients. As we’ve previously covered, keeping clients informed about their case can mitigate misunderstandings. Consider things like regularly scheduled check-ins and always keep all communication well-documented, for both your sake and your client’s.
- Seek Peer Support. Don’t hesitate to ask for help or advice from colleagues when faced with challenging cases. Collaboration can provide new perspectives and prevent potential oversights.
Conclusion
The legal profession requires vigilance and attention to detail. Learning from the experiences of others, like John, can provide invaluable insights into avoiding similar mistakes. By implementing these strategies, you can enhance your practice and protect yourself from the risk of malpractice claims.
At OAMIC, we are dedicated to supporting Oklahoma lawyers by providing not only comprehensive professional liability insurance but also resources to help you manage risks effectively. If you have questions about your coverage or want to learn more about how we can assist you, contact us.
Author
Alison has worked at OAMIC since 2008. She received her J.D. degree from the University of Oklahoma College of Law in 1985, where she was a member of Phi Delta Phi. She was a law clerk with the Oklahoma Supreme Court and the Court of Civil Appeals. Alison has also taught legal research and writing as well as appellate advocacy as an adjunct professor at Oklahoma City University. Before joining OAMIC, she worked at several law firms and served as a solo practitioner. Alison is a past-recipient of the OBA President’s Award, the Mona Salyer Lambird Spotlight Award and the Sovereignty Symposium Award.