Week 12 Lecture Notes

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