In previous entry, we discussed the challenges faced by older attorneys. Older attorneys frequently find themselves defendants in malpractice actions. This can happen because of a number of factors including failing memories and not keeping up with evolving standards of practice. A related challenge can be calendaring.
In the modern law office, almost all calendaring is done electronically. However, many older practitioners will rely on the less the less reliable form of paper calendaring. With increasingly complicated case schedules, paper calendaring is in and of itself probably a breach of the standard of care.
According to a “Profile of Malpractice Claims” certainly conducted by the American Bar Association, 23.5 percent of legal malpractice claims are the result of a calendaring and/or deadline error.
Specifically, the ABA survey showed that “failure to know/ascertain deadline” accounted for 15.2 percent of malpractice claims, while “failure to calendar properly” accounted for another 7 percent. “Failure to check calendar” is blamed for 1.3 percent malpractice claims.
The ABA noted that attorneys can prevent calendar and deadline errors with use of a rules based calendar/docket software program. When hiring an attorney make sure to ask them whether they use electronic calendaring systems but also whether they carry malpractice insurance.
For answers to your questions, ask a personal injury attorney.
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