The legal field is heavily driven by strict deadlines. These include deadlines for filing a lawsuit, submitting documentation, filing a motion and so on. A lawyer missing a deadline may result in loss of evidence/testimony, a client losing the right to file a lawsuit, a case being dismissed, a client facing financial penalties, or a judge giving a default judgment.
Despite the possibility of these consequences, missed deadlines are not uncommon. A significant percentage of legal malpractice cases stem from this type of negligence.
So, why do some lawyers miss crucial headlines?
High caseloads
Some attorneys take on too many cases, yet they have inadequate administrative support. This can increase the risk of errors, such as forgetting to file a motion or missing a discovery cutoff.
The likelihood of these errors is even higher when a lawyer depends on systems that fail, such as heavy reliance on manual systems like sticky notes and disconnected digital calendars. Technology failures can also cause a problem. For example, calendars failing to sync across devices or software glitches that prevent timely filings.
It’s important for a lawyer to embrace a system that works. This includes updating technological tools, automating tasks and having internal deadlines.
Calculating deadlines incorrectly
Errors in calculating court deadlines happen. For instance, when an attorney fails to distinguish whether a rule states court (business) days or calendar days, and in turn, counts the wrong days. Or when they fail to calculate deadlines for documents appropriately based on service, such as by mail or electronic service.
Lawyers should be extra careful when calculating dates. Using technology, such as rule-based calendaring tools, and having a second person review all calculated deadlines can be crucial in preventing errors.
Your attorney missing a deadline can negatively impact your case. If this happened to you, obtain more information on how to hold them accountable.