Calendaring, Docketing, And File Tickling Systems Pp 2007

transcript

Calendaring, Docketing, and File Tickling Systems

Sheila M. Blackford

Attorney & Practice Management Advisor

OSB Professional Liability Fund

Lewis & Clark School of Law Graduate Fellows Program October 19, 2009

Our Agenda

1. What’s at stake?2. Calendar Control3. Docket Control4. File Tickling Control5. Resources6. Questions

Lewis & Clark School of Law Graduate Fellows Program

Most malpractice claims involve missing a deadline.

Stats are scary but in Oregon, the odds of a legal malpractice claim are 1 in 5.

Malpractice Claims due to Administrative ErrorABA 2007 Profile of Legal Malpractice Claims

1. Failure to File Document – No Deadline2. Failure to Calendar Properly3. Procrastination in Performance/Follow-up4. Failure to Calendar Properly5. Clerical Error6. Lost File, Document Evidence

ABA 2007 Profile of Legal Malpractice Claims

2007 claims0.00%5.00%

10.00%15.00%20.00%25.00%30.00%35.00%40.00%45.00%50.00%

Administrative Errors 28.63%

Substantive Errors 46.61%

Client Relations 11.22%

Intentional Wrongs 13.53%

Malpractice Claims due to Administrative ErrorABA 2007 Profile of Legal Malpractice Claims

Claims

No DeadlineCalendarProcrastinationReactClericalLost File

Calendar Control

Do you have a reliable system for tracking dates and deadlines?

Calendaring

Have a backup system.

Calendar advance warnings prior to ultimate deadlines.

Follow up to see that the work was actually completed.

Calendar important dates

Administrative hearings and deadlines Billing dates Client-imposed deadlines Court appearances Dates you and your staff will be out of the

office Deadlines set by you and your staff

Calendar important dates

Discovery dates Litigation deadlines Procedural deadlines Statute of limitations Tort claim notice deadlines

Docket Control

Do you have a formal docket control system?

Docketing

Have a designated employee in charge of the docket system.

Double check all entries.

Task is complete when item mailed, filed, or served.

Follow up all tasks done prior to deadline.

Docket items

All deadlines as they arise Reminder notices of deadlines –

A few days, a week, a month Final reminders Final reviews Follow-up reminders

Docket items specific to practice

Administrative Appellate Bankruptcy Corporations Foreclosures Immigration Litigation Patent Probate Tax

File Tickling Control

Do you have a file tickling system to prevent files from being neglected?

File Tickling

Tickle file for review every 30 days.

Tickle file to be pulled and reviewed every 60 days.

Never put a file away without a future tickle date.

Tickling

Don’t let files stack up on your desk.

A good tickling system prevents vertical piles on your desk.

A good tickling system prevents files falling through the crack because nothing has happened to create activity.

Tickle Items

Open files Follow-ups to requests from firm Follow-ups to requests from client Follow-ups to requests from opposing

party Follow-ups to requests from court At file closing At file destruction

Resources for calendaring, docketing, and file tickling systems

Professional Liability Fund www.osbplf.org Practice Aids and Forms ABA Books at 15% discount

Oregon State Bar www.osbar.org CLEs & Publications

Oregon Law Institute www.lclark.edu/org/oli CLEs & Publications

Resources for case management software that has calendaring, docketing, and file tickling systems – PC-based

Amicus Attorney 2009 Small Firm Edition, $499.; Premium Edition, (SQL Server 2005) $699. www.amicus attorney.com

PracticeMaster , Basic $199. free with Tabs3 Billing; Premier $295. www.tabs3.com

ProLaw, READY (pricing 1-800-977-6529); www.prolaw.com

TimeMatters10. (includes 1st year maintenance plan) $905. www.timematters.com

Resources for case management software that has calendaring, docketing, and file tickling systems – Mac-based

Daylite $199. ww.marketcircle.com

LAWSTREAM, $800. (includes year of support) Classic version still available, contact for price. www.lawstream.com

Legal Suite – Case Management Software, $199. www.mdansby.com

Resources for case management software that has calendaring, docketing, and file tickling systems – Web-based

Clio, $49. month. www.goclio.com

Rocket MATTER , $59. month. www.rocketmatter.com

Avoiding Missed Deadlines is the GoalOutlook vs. Case Management Software

Microsoft Outlook: e-mail, calendar, contact cards, to-do list, and free-form notes; can organize by person.

vs.Case Management Software: E-mail,

calendar, contacts, to do’s, and notes plus client information database, organizes by person and file; assembles documents in your cases; organizes documents in your cases; links to your billing system.

Time Matters: The Daily View

Change staff or view by selecting different options from top of

screen

Display as little or as much information as

you want – you choose!

View Multiple Days at Once: One PracticeMaster Calendar View

Calendar

Display Multiple Staff on a Single Calendar Day!

Time Matters: “Margie, are you busy at

2:00PM?”

“Tony, What’s my calendar look like for the next 3

days?”You can change the number of calendar days displayed by

selecting one of the options shown. You

can also define your own!

Initials designate entries for

different staff members.

The Modern Group Calendar: Case Team Management at

“But I Liked My Day Planner!”Amicus Weekly and Monthly Calendar Views

These views combine the power of the Amicus database with a traditional paper calendar type view.

The Time Matters Approach to Group Calendars:

Case Calendars are a Snap!Filtering Out the “Noise” in Time Matters

A simple filter allows you to display information on just one case or relating to just one client.

Let’s see only the items scheduled for the “Gordan” trial this week . . .

“But I Liked My Day Planner!”Time Matters Weekly and Monthly Calendar

Compare the detail of viewsto your tradition paper calendar…

Warning - Avoid the Traps!TimeMatters warns you if you try to double

schedule

Trying to schedule an event at the same time as an existing event generates an immediate warning of the potential conflict.

Warnings About Warnings

Multitasking doesn’t mean you can be in two places at once!

Alerts, Reminders and Watches Screen: Time Matters Neglect Prescription for Busy Lawyers!

Forget becomes Neglect – No More!

Select your criteria for

which records

you want watched

and periods of inactivity

Rx for Neglect

Add Filters for tighter

control over

watched items…

Alerts and Reminders: have them your way…

Generate reports useful to you and your case team.

Amicus Has its “Dailies” - the Electronic Legal Assistant

Click on an item and get the details or click “Today’s Overview” . . .

Difficult to miss Today’s Appointments, Outstanding To Do’s,

Unreturned Phone Calls, and Outstanding E-mails with Amicus!

Practice Master’s Incomplete Task List

Warns of Incomplete Tasks both Past and Future...

Past items are in “red.” Future items are in “black.”

Time Matters Event Record

Not Just Date and Time….

Time is money!

Rules Integration Partners with: Amicus

Attorney, PracticeMaster.

Legal Deadline Calculation

Service. Prices range from

$5.00 to $99.00 per research

result.

Time Matters Date Calculator: Simple Steps for Avoiding Missed Deadlines and

Blown Statute of Limitations!

1. Decide whether to count weekend

days as well as Court and Legal

Holidays.

2. Select time period -- days, weeks, months

or years.

Time Matters Date Calculator

3. Select from date

calculations you have

saved.

4. Add, Change or Delete date calculations.

Time Matters calls them “Chain” Templates…..

Creating the Chain:

All entries appear in the related records tab of the matter….

Events, ToDo’s and other records can be automatically created by the chain

PracticeMaster’s Calendar Plans:

Make scheduling easy!

►Create templates for pre-defined interrelated dates based on a specific event entered by the user such as opening a file and counting forward

►Once created, a Calendar Plan Template can be used over and over again.

The OSB Client Assistance Office Surveys Show Clients are:

► Extremely unhappy with lawyer’s failure to return phone calls.

► Unhappy with lawyer’s failure to keep them updated on a regular basis; and

► Unhappy with lawyer’s failure to provide them with timely and adequate communications regarding their matter or case.

Cure for the Causes of Unhappy Clients and Complaints of Lawyer’s Failures:

Calendaring, Docketing, and File Tickling Systems especially when combined into your Case Management Software program!

Resources from the PLF for Calendaring, Docketing, and File Tickling Systems

See www.osbplf.org – Loss Prevention – Practice Aids & Forms: Docketing and Calendaring: Docketing & Calendaring

Checklists, common time limitations, and practice-specific docketing tips are also available.

Last UpdateTitleMay 2009Calendaring and File Tickling SystemsMay 1996Calendaring NoteMay 2007Diary/Tickler SystemsFebruary 2009Docket Control ChecklistJune 1992Docket SheetFebruary 2009Docket Sheet (Fillable)September 2008Follow-UpJanuary 2009Supplementary Local Rules

QUESTIONS?

Thanks for listening!Sheila M. Blackford

503-684-7421

sheilab@osbplf.org

Calendaring, Docketing, And File Tickling Systems Pp 2007

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