Administrative oversights or misinterpretations of laws and regulations could cause you or your firm to miss a filing deadline in a client’s case, which could lead to your client losing critical legal opportunities or rights. Knowing what steps to take after missing a deadline in a client’s case—beyond contacting your professional liability carrier—can help you navigate potential claims arising from your oversight and protect your business reputation and financial interests.
Step 1: Assess the Situation
First, you and your law firm should determine what deadline(s) you missed in your client’s case and the importance of the filing to the matter. For example, did your firm miss a procedural filing due date, or did you miss a statute of limitations deadline? Once you know the effect of the missed deadline on your client’s case, you can better assess the severity of the situation and the potential liability you and your firm may face, and identify whether you and your client may have potential remedies for the oversight. Be sure to review the client’s case file and your firm’s internal communications to understand what led to the missed deadline. Did someone forget to calendar the deadline, or did you miscalculate the applicable due date?
Step 2: Notify Your Client
The Rules of Professional Conduct require you to keep your client reasonably informed about the status of their legal matter and to communicate material errors that you may have made in handling their case. When notifying a client about a missed deadline, you should explain the facts as you understand them without speculating, assigning blame, or making excuses. Advise your client on possible remedies for the situation or on alternative options they may have available.
Step 3: Take Corrective Action If Available
Review the situation carefully to determine whether you and your client may have the option for corrective action to remedy the missed deadline. For example, when you miss a deadline for a procedural filing, you may petition the court for leave to submit a late filing. When pursuing remedies to the situation, you might argue that the court should afford your client excusable neglect if the missed deadline occurred solely due to your mistake.
Alternatively, consider other avenues for pursuing your client’s claims or defenses, such as refiling claims or filing different claims, if allowed. You should consult with legal colleagues and ethics counsel about your options before deciding on the next steps you and your client can take.
Step 4: Report the Incident to Your Malpractice Insurance Carrier
You should also report the incident to your legal malpractice insurance provider, as most insurance policies require you to provide prompt notice of a potential malpractice claim. Reporting a missed deadline in a client’s case to your malpractice insurer can preserve your eligibility for liability coverage. The insurer may also help you mitigate the consequences of the missed deadline, including helping you retain legal counsel to respond to an ethics complaint.
Step 5: Evaluate Your Office Procedures
Finally, you should take the opportunity to review your office systems and procedures to identify and remedy the underlying cause(s) of the error, such as inadequate calendaring, workflow issues, staffing deficiencies, or communication gaps. Next, take corrective actions to avoid future issues, such as:
• Implementing redundant calendaring systems
• Using collaboration software that provides all stakeholders with the most current information
• Having clear work delegation policies
• Utilizing deadline checklists and alerts
• Conducting regular audits of active case files
Contact WILMIC Today
Missing a filing deadline for a client can jeopardize their rights and interests, potentially exposing you and your law practice to a malpractice claim. Contact WILMIC today for a consultation with our Wisconsin malpractice insurance staff to learn more about how our professional liability insurance products can protect you and your firm in the event of a missed deadline in a client’s legal matter.