Chapter 7 Calendaring, Docket Control & Case Management

Meaningful Definitions  Calendaring: generic term used to describe the function of recording appointments for any type of business.  Docket control: a law office-specific term that refers to entering, organizing and controlling all the appointments, deadlines and due dates for a legal organization.  Case Management: a legal term that usually refers to functions such as docket control, “tasks”, contact information by case, case notes, document assembly, document tracking by case, integrated billing and .

“Tickler”???  The “old fashioned” term for case management; usually refers to a large accordion file where pending documents are kept to “tickle your memory.”

Deadlines & Reminders January 30 th Motions to Dismiss Filed March 1 Responses to Motions to Dismiss Dec. 20 Discovery Deadline Feb. 1 Summary Judgment Motions Deadline Mar. 1 Responses to Motion for Summary Judgment Due June 1 Pretrial order deadline June 30 Settlement Conferences Deadline July 15 th Pretrial Motions Deadline Trial Start Date: September 1

Statute of Limitations  A law that sets a limit on the length of time a party has to file a suit. If a case is filed after the statute of limitations, the claim is barred and is dismissed as a matter of law.  Example: Five year statute of limitations for alleged breach of written contract.  What’s the purpose of a statute of limitations?  Forces parties to bring lawsuits in a timely fashion so that evidence is not destroyed, witnesses do not leave the area, etc.

 Hearings & Court Dates shouldn’t be missed.  Attorneys can be fined or disciplined for missing court dates.  These dates must carefully be tracked to ensure the attorney and the legal team are properly prepared. Hearings & Court Dates

What’s on the docket?  See Figure 7-2 on pg. 450

Receiving Documents, Following Court Rules & Calculating Deadlines  Correspondence often outlines response dates and deadlines for motions, discovery documents and pleadings. These must immediately be calendared in the management system.

Receiving Documents, Following Court Rules & Calculating Deadlines  Calendar Days v. Workdays Calendar Day: counts all days including the weekends and holidays. Workdays: refers to only days when the court is open. How do I know which to use? CHECK YOUR LOCAL RULES

Receiving Documents, Following Court Rules & Calculating Deadlines Document Receipt Date: Discovery document deadlines are calculated by receipt date. This is usually calculated from when the document is actually received. Certificate of Service (see handout): a statement at the end of a court document that certifies or establishes when a document was placed in the mail. Bates stamp: stamps a document with a sequential number and then automatically advances to the next number.

File Date v. Mail Date ** Remember to check your local rules regarding file date v. mail date. ** Some courts allow responses to be mailed on the date the filing is due, others don’t.

Ethical & Malpractice Considerations There are two (2) types of negative outcomes that can result from case neglect: a) ethical proceeding against the attorney (including reprimand, suspension, or disbarment); b) legal malpractice claim filed against the attorney or firm (sued for damages for providing substandard legal work).

Ethical & Malpractice Considerations The Two Reasons that Clients File Disciplinary Proceedings and that Courts Discipline Attorneys: 1)Attorneys failing to communicate with their clients; and 2)Attorneys neglecting or not pursuing client cases diligently. How could a document management system assist in the above 2 problems?

Ethical & Malpractice Considerations Competence & Adequate Preparation: “An attorney must provide competent representation to a client, including reasonable preparation necessary to perform the legal work.” The purpose of this rule is to ensure that an attorney does not undertake a matter in which he or she is not competent and to ensure that the attorney has adequate preparation.

Ethical & Malpractice Considerations Diligence: “Act with a reasonable degree of diligence and promptness in pursuing a client’s case.” Specifically requires the attorney to act with commitment and dedication when representing a client and to avoid procrastination.

Ethical & Malpractice Considerations Sidenote: A client’s interest can be adversely affected by the passage of time or the change in conditions. Attorneys must properly uphold the attorney client privilege, or sever it in writing.

Ethical & Malpractice Considerations Communication with clients: “Reasonably consult with a client, to keep the client reasonably informed about the status of the legal matter, to promptly comply with reasonable requests for information from the client and to explain matters to the client.”

Manual Docket Control Systems Calendar v. Card System

Calendar Docket Systems  Electronic  Deadlines/Tasks/To-Do  Can be shared w/ the firm

Card System  Non electronic use of cards or ticklers to track deadlines.  Requires daily checking because reminders are not set.  Can be slow and tedious, tasks are easily missed.

In Class Activity