When an attorney takes on a case, they are responsible for ensuring prompt, smooth representation without the risk of missing key deadlines. However, a single scheduling error can lead to a common legal malpractice claim, potentially resulting in an adverse outcome for a client.
An attorney’s reliance on a robust and dependable scheduling system is paramount to avoid potential errors. With its multiple reminders, this system allows an attorney to stay on top of their cases and files, ensuring they are well-prepared and can give each matter the attention it requires.
Failing to File a Claim on Time
One of the primary tasks an attorney must undertake is to personally verify the statute of limitations for the specific case they are handling. This crucial step involves confirming if the injury, incident, or transaction that forms the basis of the claim occurred on the date claimed by the client. It must be done promptly after the case is accepted or while at least investigating it to see if it is a valid claim. You can imagine the panic experienced by an attorney who has been handling a claim for several months or longer, who discovers in a medical or incident report months or even years after the event that it occurred much earlier, and that the statute of limitations has just expired. Prompt verification of when an incident or injury occurred is a key aspect of avoiding legal malpractice, as missing the statute of limitations often results in a case being dismissed.
Failing to Schedule Litigation Deadlines
If your case is in litigation, the court will issue a schedule that has deadlines for certain matters, such as discovery disclosures and motions, list of experts or other witnesses, exhibits that will be presented at trial, pre-trial conferences, required mediations or arbitrations, motions in limine, and others. An attorney who misses a deadline can seriously jeopardize the outcome of a case. Your attorney may also find that he or she has a short time to comply with a certain scheduled item, and their hurried response, lack of investigation, or brief time to conduct proper research could negatively impact the case and form a basis for legal malpractice.
Failure to Appear Due to Scheduling Errors
Clients expect their attorneys to appear in court and to be well-prepared. Out-of-state clients who cannot appear but have their attorney appear for them and fail to do so will put the client in a negative light.
Attorneys who fail to appear for a hearing on exclusion of evidence or witness testimony risk the ire of their clients if not a malpractice claim. If your attorney failed to attend a hearing, did not appear or learned of it at the last minute, and was poorly prepared as a result, you may well have a valid malpractice claim brought against him or her.
A Sound Scheduling System is Vital – Is the Law Firm Sufficiently Organized to Respond?
An attorney’s scheduling system should identify key deadlines, provide reminders days, weeks, or months in advance, and keep reminding the practitioner. If a document needs to be prepared and filed by a certain date, the scheduling system should remind the lawyer and her paralegal or assistant well in advance so that any research can be performed and evaluated, and the document properly drafted.
The failure to maintain a scheduling system alone may not necessarily be malpractice but could be a factor in proving the attorney’s negligence although the failure to simply not appear or to be wholly unprepared may be sufficient. Further, not appearing at a hearing or court appearance where the client suffered financial harm, had a claim dismissed, had material evidence excluded, or other action that seriously impaired the case that otherwise would not have occurred if the attorney had shown up and been prepared, must have been a substantial factor in the client’s resultant harm.
Retain a Legal Malpractice Attorney from Burns and Jain
If your claim or case suffered significantly because your attorney failed to make a court appearance, did not file a document on time, or missed the statute of limitations, it was likely due to a scheduling failure. Call one of our legal malpractice attorneys at (617) 227-7423 for a consultation about your possible malpractice claim.