Calendaring, Docketing, and File Tickling Systems - Professional ...

Calendaring, Docketing, andFile Tickling SystemsThursday, February 15, 2007Presented by• Sheila M. Blackford• Practice Management Advisor• OSB Professional Liability Fund

Calendaring, Docketing, and FileTickling SystemsIndexPLF PRACTICE AIDS AND FORMS:PAGE#Calendaring and File Tickling Systems...................................... 1Diary/Tickler Systems...............................................................8Docket Control Checklist ..........................................................9Follow-Up ............................................................................... 10Sample Calendar Note .............................................................11Sample Docket Sheet .............................................................. 12PRACTICE CASE MANAGEMENT COMPARISON CHART ................ 13SLIDES ............................................................................................... 14

CALENDARING AND FILE TICKLING SYSTEMSFailure to respond properly to deadlines is a leading cause of malpractice claims. Toavoid malpractice and manage your practice effectively, you must have a good calendaringsystem to keep track of court dates, statutes of limitations, client appointments, file reviewdates, and other dates and deadlines.Historically, lawyers have used several systems to track important dates: anappointment calendar for client appointments, a docket for court dates and legal deadlines, anda diary or tickling system for files. However, the terms calendar, docket, and tickler are oftenused interchangeably because all refer to the same principle of keeping track of importantdates.The three parts of a calendaring system – docket, calendar, and tickler – are oftencombined or subdivided further, depending on the size and type of practice. No matter whatsystem you use, it must capture all deadlines and provide significant reminders to allow you tocomplete all work orderly and timely.When setting up a calendaring system for your practice, look at the different elements oftraditional calendaring methods and adapt them to your particular style. Whatever combinationyou use, be sure that your system provides for:1. immediate and automatic entry of dates;2. double checking of all entries;3. sufficient lead time to complete tasks;4. follow-up checking; and5. backup or duplication of the main calendaring system.A good calendaring system has two components: (1) a tickling function to prompt you topull files in anticipation of work; and (2) a docketing function to remind you of impending datesand deadlines. This section explains how to set up a calendaring system to accomplish thesetwo functions and prevent errors in maintaining the system. The first part gives an overview oftickling systems and how to use them, and the second does the same for docketing systems.Types of File Tickling SystemsSystems for reminding you to work on files are called file tickling or diary systems. Theyare used to retrieve files in anticipation of future deadlines, to plan work, and to prevent filesfrom being neglected. They also keep you aware of self-imposed work management deadlinesand critical deadlines such as court appearances and statutes of limitations. In this way, the filetickling system ensures a steady work flow and backs up your regular calendar.You can choose from several effective file tickling systems. No matter which type youuse, you must take certain precautions to prevent error.Index Card Tickling SystemsTraditionally, a file tickling system was kept on index cards rather than on a calendar.Each file was given an index card, with the file name and other identifying information writtenalong the top of the card. These cards for were kept in a file card box, organized with dividersfor years, months, and days.[17-Aug-07 Rev 6/07] 1 Professional Liability Fund (Calendaring and File Tickling Systems.doc)

At the beginning of each day, someone in the office would check the card box to seewhether any cards were behind the divider for that day. All of the files corresponding to thecards behind the divider were then pulled out of the file cabinet and distributed to theappropriate lawyer. The index cards for the checked-out files were then either placed inalphabetical order in the front of the card box or into a separate box with dividers for eachlawyer.Each time a file was sent back for filing, a tickle date was noted for future retrieval of thefile on the file jacket or on a log sheet inside the file. The new tickle date was then entered onthe index card for that file and the card was then placed behind the appropriate date divider inthe file card box.Main Calendar and a Case ListSimpler alternatives to the index card system are now available. You can note thenames of files to be tickled on the bottom of each day’s section on the main calendar. At thebeginning of each day, you or a staff person pulls the files listed for that day. After youcomplete the task for a particular file, but before it is placed back in the cabinet, note the nexttickle date on the calendar.To prevent files from falling through the cracks, you or a staff person must maintain a listof all active cases in a word processing document and must print the list at the beginning ofeach month. As the month progresses, place a line through the name of each file that you workon. At the end of the month, pull and review any file not yet worked on. When a file is closed,remove its name from the list. This simple system prevents files from being forgotten.Calendaring ProgramsComputer calendaring programs work very well for file tickling, because you can enterrecurring dates for reviewing a file. These review dates can be self-imposed deadlines ordeadlines for statutes of limitations, court dates, or other critical times. When you open a file,you choose the review intervals. You then enter these intervals into the calendar program,which automatically brings up the file name according to the specified intervals.Calendaring programs also allow for tickling events years in advance. For instance,corporation files can be tickled yearly for annual meetings, will files can be tickled yearly forreview, and judgments can be tickled for a 10-year renewal.Case management software is an alternative to a calendaring program. This type ofsoftware integrates various office systems (calendar, tickler system, conflicts, client database,matter database, etc.) into one product. The PLF practice management advisors monitor newdevelopments in technology and can provide information about this type of software.Calendaring and case management programs offer distinct advantages over the deskcalendar and card systems and should be considered when setting up a calendaring system.Establishing a RoutineUsing a File Tickling SystemNo matter which tickling system you use, pull all tickled files for a particular day eachmorning. If nothing needs to be done on a file that day, you can tickle the file for a future date.The best routine is for you and a staff member to review the files together. You can also use[17-Aug-07 Rev 6/07] 2 Professional Liability Fund (Calendaring and File Tickling Systems.doc)

this meeting to review the day’s mail. This system allows you to plan your work for the day andassign staff specific tasks. Any files that do not need immediate attention you can retickle andremove from your office.If a routine tickle date comes up and no work needs to be done on the file at that time,consider calling the client or sending a short letter. Some clients want to hear from their lawyer,even if no action is necessary. It is important to let the client know the status of the matter, evenif the status is “waiting.”Setting Tickle DatesFile tickling dates fall into several categories: (1) a date that cannot be missed, such as atime limitation; (2) a date that should not be missed, such as a follow-up on a 10-day notice; (3)an informational date, such as a date when medical reports are expected; and (4) a periodicreview date. Dates vary in their significance and should be protected with extra tickle datesaccordingly.When you are finished working on a file, mark a new tickle date on the file jacket or logsheet inside the file. Then send the file back for filing. Be sure that the new tickle date is alsoentered in the tickling system. Never place a file back in the filing cabinet without insertinga tickle date in the tickling system. Make this your file tickling rule. Also, instruct everyoneyou work with that no files are to be taken out of your office without a tickle date, and no files areto be put back in the cabinet without a new date in the system.Conducting Periodic ReviewsIn addition to specific tickle dates, set each file for periodic review. A 30-day file reviewinterval is ideal for most cases, and most files should not be tickled for more than 60 days out.Some law firms find it helpful to use a dual system: one reminder every 30 days to refresh thelawyer’s memory about the client matter followed by a second reminder every 60 days tophysically pull the file. A dual system is easy to set up in a calendaring or case managementprogram by creating a recurring appointment or task.The maximum review frequency should be set at the outset of the matter and written inthe file, either on the client intake sheet or on a file opening memo. If the case has beenconcluded, close the file. If you represent a client in multiple matters, open separate files foreach matter. Avoid keeping concluded matters in your open files.Tickling Specific DeadlinesYou should also tickle specific deadlines. For example, a file for a case in which youhave given someone 10 days to respond should be tickled for 11 or 12 days. If you receive noresponse, you are reminded to take the next step immediately. If the deadline is not tickled, thefile remains in the cabinet and you are not reminded to take action. Your reminder may be theangry client calling to find out what is going on.Tickle final deadlines, such as statutes of limitations or appeal deadlines, with amplereminder dates. Also, mark these dates directly on the file where you can easily see them.Setting Reminder DatesDevelop a general time line of tickle dates for each type of matter you handle. Includenot only deadlines, meetings, and court appearances but also backup reminder dates. Giveyourself adequate time to prepare for each upcoming event. For example, you should alwaystickle a file with a trial date for at least two months before trial, and again one month before trial,[17-Aug-07 Rev 6/07] 3 Professional Liability Fund (Calendaring and File Tickling Systems.doc)

in addition to adding tickle dates for specific events. This method will give you plenty of leadtime to make all final preparations before the trial date.Following UpSet tickle dates to follow up after an event. This is critical for time-sensitive deadlinesbut is easily overlooked when the next move depends on someone else. For example, alwaystickle follow-up dates to check whether service of process was accomplished timely. Also,remember to tickle the file for follow-up shortly after a self-imposed deadline, in case somethingstill needs to be done before the real deadline.Managing the CaseloadUse your tickling system to manage your work and help meet client expectations. Lookat your calendar and find blocks of time when you can complete the next piece of work on amatter. When giving a client a date for completion of work, be realistic. Build in an extracushion of time before the ultimate deadline you tell the client. If you complete the work early,you will have a happier client and one less “to do” task on your plate.If you have a good tickling system and to-do list, you don’t need to keep all active clientfiles stacked in your office. A good system should also reduce the fear that a file will disappearor never return if it is allowed off your desk. File hoarding makes it difficult for others who mayneed the file. You can neglect a file just as easily under a pile of other files as in the filingcabinet. Getting the files off your desk can reduce a major source of stress and help youorganize your work more effectively.Types of Docketing CalendarsIn every law firm, the central docketing calendar should hold all the important dates foreach lawyer. If you maintain this calendar in addition to a file tickling system, the two will serveas backups to each other. You will be reminded of a particular event both by its presence onthe calendar and by the file’s reappearance because of a tickle date.Central Docket CalendarTraditionally, the docket calendar was a large, desk-top calendar kept in a centrallocation in the office and maintained by one staff member. Lawyers and staff membersinformed this person of important dates with written calendar slips.For the sole practitioner, the central docket calendar may simply be the calendar thatyou or a staff person maintains. Docket dates and file tickle dates are maintained on one orboth calendars. The essential element of a docketing system is to have ample reminder dates.Docket ListA variation of the central calendar is a true docket system. In this type of system, youmaintain a running list of all the important dates. Many offices maintain specialized docketsystems in addition to the central calendar. This is most common in firms with a heavy litigationpractice because of the many court appearances and deadlines.Usually, someone in the office enters the dates into a word processing document orcomputerized docketing or case management program. The docket list is printed out daily orweekly and distributed to all staff and lawyers. In addition, each lawyer and staff personmaintains a calendar for all his or her important dates and appointments. This system is morecommon in larger firms, where a central desk calendar is impractical because of the number ofevents to be docketed.[17-Aug-07 Rev 6/07] 4 Professional Liability Fund (Calendaring and File Tickling Systems.doc)

Computer CalendarMany small firms and sole practitioners are shifting their central calendars over tocomputerized calendars, case management software, or a combination of computerized andmanual calendars. Calendaring or case management programs have many advantages overdesktop calendars and are ideal for the sole practitioner or firm with networked computers. Youcan print up-to-date calendars at any time and set up recurring events as described above. Thisfeature is ideal for matters that require periodic review, such as wills or corporations.You can maintain different calendars in the same system, allowing each lawyer and staffmember to have a personal calendar. If you need a firm-wide calendar, most programs cancombine the individual calendars into one main calendar. Also, you can move or modify entrieseasily. The more sophisticated programs allow for entry of predetermined reminders for cases.Some law firms choose to create a separate central docket calendar that is shared onthe server. Lawyers and staff members can update this central docket with important dates.Maintaining a shared central docket can be very helpful when a lawyer or key staff member isunexpectedly out of the office.Individual CalendarsMost lawyers prefer to carry a calendar with them when they are out of the office. Atraditional “day planner” can be handy, but works well only if you remember to transfer all newappointments or scheduling changes to your central calendar at the office. By contrast, you caneasily synchronize a personal digital assistant (PDA) or smart phone to the central calendar onyour computer. These devices can also store client contacts, documents, and e-mail. PDAsand smart phones have become more affordable, and with wireless capability, they allow thelawyer-on-the-go to stay in touch with the office. The key to making the system work is tosynchronize all new or changed events from your personal calendar device to the maincalendaring system. If an event appears only on your personal calendar and you are ill, onvacation, or lose your calendar, you may miss the deadline. When all events are synchronizedto the main calendaring system, everyone in the office can monitor and respond to deadlines.Setting Reminder and Follow-Up DatesUsing a Docket Calendar SystemNo matter what type of calendaring system you use, certain procedures are necessary toprevent error. It is essential that you enter all deadlines as soon as you are notified of them andthat you create sufficient reminder entries. The number of reminder dates depends on theparticular calendared item, but every item should have at least one reminder date. Threereminders are ideal: a month, a week, and a few days before the event date or deadline.Follow-up reminders are also important, but they are often overlooked. If you are relyingon someone else to do something, a follow-up entry date will remind you to verify that the actionwas taken. For example, if you sent the complaint to a process server, enter a follow-up date toverify that the process server effected timely service. If necessary, create a follow-up log for aparticular matter. Include each important action, when it was accomplished, and by whom.Without a follow-up system, you may not discover that a critical action was not takenuntil it is too late. Establish a policy stating what action should be taken if final reminders andfollow-ups are ignored or you are unavailable.Take the following steps to ensure that all important events are properly calendared:[17-Aug-07 Rev 6/07] 5 Professional Liability Fund (Calendaring and File Tickling Systems.doc)

1. Enter the final deadline on your calendar, on the staff person’s calendar, and onthe central docket.2. Determine a reasonable time line for completing the various tasks before thedeadline and ensure that those dates are entered.3. Have a staff person enter reminder and follow-up dates for each task and thefinal deadline. For example, if the event is sending a complaint out for service,create a follow-up entry to verify that the process server actually served thecomplaint. If the event is to mail notice by certified mail, create a follow-up entryto verify that the certified card was returned. Indicate final reminders in red orboldface, or use the attention-getting features of your calendaring or casemanagement program.4. As the case proceeds, have the staff person bring the reminders and follow-upsto your attention and marks off tasks when they are completed.Without reminder and follow-up dates, you can miss a critical date. Failing to respond toa critical date is a common type of malpractice. Use reminder and follow-up dates.Calendaring All New Dates ImmediatelyImmediate calendaring of new dates is critical for an effective calendaring system. Thefollowing are some techniques to shorten the time between the receipt of a new date and itsplacement on the main calendar.1. Intake Sheets. Give each new client an intake sheet at the first appointment.The client completes the top half while waiting, and you complete the bottom halfduring the interview. The portion you fill out should include entries for importantlegal deadlines such as statute of limitations, file review frequency, and the firsttickle date. Place the client information sheet in the new file folder and enter thedates on the calendar immediately.Client information sheets provide a permanent record of every client interview. Ifno file is opened, place the intake sheet in a miscellaneous prospective client fileor notebook for storage and be sure to enter the prospective client informationinto your conflict of interest checking system.2. Mail Handling. In a small firm, have the person opening the mail enter all newdates as the mail is opened. Besides date stamping, that person should indicateon each item that the date has been docketed, either by highlighting the docketdate or placing a checkmark next to it.3. Synchronizing Calendars. If you have a manual calendaring system, keep asupply of brightly colored calendar slips and carry these with you when outsidethe office. This allows you or a staff member to make note of new datesimmediately and to give the note to the person in charge of the main calendar. Ifyou use a PDA or smart phone, get into the habit of synchronizing it to your maincalendar on your office computer at the start of each day.[17-Aug-07 Rev 6/07] 6 Professional Liability Fund (Calendaring and File Tickling Systems.doc)

NAME APPOINTMENTDATE AT OFFICETIME REQUIREDCOMMENTS:CALENDAR NOTE COURT APPEARANCE AT OTHER LOCATION4. Access to the Calendar. Keep the docketing calendar in a central location soeveryone in the office has access to it. If the main calendar is manual, color codeentries. Use different colors for each lawyer or type of entry (e.g., red for trials,orange for depositions, green for motions, purple for filing deadlines, etc.).5. Daily Conferences with Staff. Meet with staff daily to confirm new calendaritems and discuss tickled cases. This is an excellent time to review new mail,report on the progress of work, and assign tasks to staff. Good communicationcan prevent calendaring errors.[17-Aug-07 Rev 6/07] 7 Professional Liability Fund (Calendaring and File Tickling Systems.doc)

DIARY / TICKLER SYSTEMSNo file should ever be put in the file cabinet without a diary date on it or be tickled for more than 60days unless it is a corporation and only annual meetings need to be noted. It is best to review all filesat least once in any 30-day period. If the attorney working on the file does not indicate a diary date, thesecretary should check with the attorney to determine when it should next be reviewed.The most elementary system for the sole practitioner with a limited number of files is to keep a list of allopen files. This list should be printed on the first day of each month and kept readily available on yourdesk. As work is performed on a file or the file is reviewed during the month, that file is crossed off thelist. On the last day of the month, a quick review of the list will indicate which files were not seenduring the month. You can then pull these files for review.Prior to the widespread adoption of computerized calendaring programs, attorneys used index cards totickle files. With an index card system, each open file is listed on a separate 3x5 card kept in a file boxwith daily and monthly dividers. When the client file is tickled, the 3x5 card is placed behind thecorresponding date in the card box. When the file is pulled for review, the card is then moved to thefront of the file box. Upon completion of the file review, a new tickle date is noted on the card and thecard is refiled under the new tickle date. Maintaining a tickle system using index cards is laborintensiveand can lead to errors. It is easy for cards to be inadvertently misfiled or lost. Computerizedcalendaring systems are more reliable.If you are using a computerized calendaring program, set tickle dates for each of your files by usingrecurring appointments or tasks. In most cases, the screen to create a new appointment or task willhave an option to set that item as recurring. If you are using recurring appointments or tasks to ticklefiles, choose a recurrence pattern that falls on a work day (fourth Monday of the month) instead of aspecific date, which may recur on a weekend or holiday in the future.Here is an example of a recurring appointment set in Microsoft Outlook:Option to setitem asrecurringSome programs allow you to add notes,such as the reason the file is being tickled.[3-May-07Rev 5/07]PROFESSIONAL LIABILITY FUND (DIARY-TICKLER SYSTEMS.DOC)

Your program may also allow you to set up a group of attorneys and legal assistants who need toparticipate in the file review by selecting the option to invite attendees. Your calendar appointmentbecomes an email that you send to those parties who should attend the client file review:Each morning you or your secretary should pull all files tickled for that day. If, after reviewing the file,you determine there is nothing to be done at that time, the file is re-tickled to another future date. NOFILE SHOULD EVER BE PLACED IN THE FILING CABINET WITHOUT A FUTURE TICKLE DATE.If the file is tickled for a specific task to be performed, it should be accomplished that day. If there is noimmediate deadline and you are unable to perform the task that day, tickle the file one to three dayslater when you will have time to complete the task. Don’t let files stack up on your desk. Be realisticabout what tasks you can complete, and use your tickle system to make sure items you cannotcomplete today will come across your desk in a day or two when they can be completed.A good tickler system will alleviate the need to keep files stacked on your desk if they are not beingworked on or the need to set aside an entire day reviewing every open file. A tickler system alsoprevents files from falling through the cracks when they get stuck in the file cabinet because nothinghas happened to create any activity on the file.[3-May-07Rev 5/07]PROFESSIONAL LIABILITY FUND (DIARY-TICKLER SYSTEMS.DOC)

DOCKET CONTROL CHECKLISTDO have a formal docket control system which provides:1. Immediate and automatic entry of dates;2. Double checking of all entries;3. Allowance for sufficient lead time to complete tasks;4. Follow-up checking;5. Backup or duplication of the main calendaring system.DO maintain a file tickling system as a back-up to your docket control system.DO have a staff conference to discuss how to use the system and why it is so important. Makesure new employees (both attorneys and support staff) are familiarized with the system.DO use a new client matter intake form which calls for an answer to the question, "What deadlinedates need to be calendared?"DO remember to transfer all dates and events from personal calendars to your main docketcontrol system as soon as possible. If your calendaring system is manual, consider keeping asupply of brightly-colored calendar slips on hand and USE THEM! Lawyers can carry these withthem when outside the office. If you have a laptop, PDA, or similar device, be sure to synchronizeit to your desktop and/or network computer(s) as soon as you return to the office.DO make certain your docketing calendar is easily accessible by all lawyers and staff. If yoursystem is manual, consider color coding entries.DO have someone assigned to screen incoming mail for calendaring needs BEFORE the mail isdistributed.DO encourage daily conferences between lawyers and assigned staff. Use this time to confirmnew calendar items, discuss cases tickled for work, and double-check that all dates and eventsnoted on personal calendars have been transferred to the main docket control system.DO have a definite game plan for handling the "final reminder," which covers:1. Illness or other unexpected absence from the office;2. Procrastination;3. Preventing the file or memo from getting buried on a desk;4. Verifying actual receipt of the item at its destination.DON'T leave things until the last day.DON'T assume anything--check it out.[17Aug07 Rev 6/05]PROFESSIONAL LIABILITY FUND (DOCKET CONTROL CHECKLIST.DOC)

FOLLOW-UPOne of the most important aspects of docket control is to follow up once a reminder is made tosee that a task is actually accomplished prior to its deadline date. Unfortunately, this is also oneof the most overlooked requirements of a good docket system.On occasion, an item will be held for one final review. Make sure the item does not get buried ona desk or in the file. If an item is sent by certified mail, enter a follow-up date to verify the returnreceipt came back to the office. If an item is filed, check to be sure that the item was received bythe court. When sending documents out for service, enter a follow-up date to check with theprocess server confirming that service has been accomplished. This is especially crucial if servicemust be made within 60 days of filing the complaint when there is a statute of limitations problem.Use your docket or follow-up system for any matter that has an irrevocable deadline, such asgiving notice of a claim, filing a complaint, effecting service of summons, or filing notice ofappeal, Some other important dates are: notices of annual meetings for corporations, probatedeadlines, notice of sale in foreclosures, tax filing deadlines, and intangible dates such as when tohave a will or pension and profit sharing plan completed. There are specific deadlines and datesfor each practice area. Consult the PLF Practice Aids and Forms and your OSB CLE materials forchecklists and forms.Important treatment in the docket control system:1 . The final deadline should be immediately entered on the calendars of the attorney,secretary, and the central docket clerk.2. Sufficient lead time should be determined for completion of each task, and appropriatereminder dates entered in the calendars of the attorney and secretary, as well as thecentral docket system.3. Final reminders should be specially indicated (i.e., red ink or bold if using a papercalendar).4. Reminder notices and follow-ups should be brought to the attorney’s attention and tasksshould be marked off when completed and by whom. A separate follow-up log for eachcase can be maintained so that these important actions, deadlines, and follow up tasks arenoted, along with information about when they were accomplished and by whom.5. This is the most important step: If the secretary or docket clerk does not receive notice thatthe task has been completed by the due date, that person should immediately contact theresponsible attorney to find out why the task has not been completed.6. In the event a final notice is ignored or the responsible attorney is unavailable for anyreason, the supervising/managing attorney should be notified of the problem by thesecretary or person in charge of the docket. A firm policy should be created to addressthis potential situation. See Oregon RPC 5.1 Responsibilities of Partners, Managers, andSupervisory Lawyers.[3-May-07 Rev 5/07]PROFESSIONAL LIABILITY FUND (FOLLOW-UP.DOC)

CALENDAR NOTENAME: PHONE:CALENDAR NOTENAME: PHONE:APPOINTMENT COURT APPEARANCEDATE: TIME:APPOINTMENT COURT APPEARANCEDATE: TIME:COMMENTSAT OFFICE AT OTHER LOCATIONCOMMENTSAT OFFICE AT OTHER LOCATIONTIME REQUIRED:TIME REQUIRED:CALENDAR NOTENAME: PHONE:CALENDAR NOTENAME: PHONE:APPOINTMENT COURT APPEARANCEDATE: TIME:APPOINTMENT COURT APPEARANCEDATE: TIME:COMMENTSAT OFFICE AT OTHER LOCATIONCOMMENTSAT OFFICE AT OTHER LOCATIONTIME REQUIRED:TIME REQUIRED:[17Aug07 Rev 5/96] PROFESSIONAL LIABILITY FUND (CALENDAR NOTE.DOC)

DOCKET SHEETToday's Date ENTER CANCEL Reset fromCASE NAMEFile No. Attorney CourtDATETIMELITIGATION Statute of Limitations Tort Claim Notice Answer Due Response to Requests for Production Response to Requests for Admission Response to Interrogatories Motion Response to Motion Hearing on Motion Motion for Summary Judgment Pretrial Hearing/Conference Motion for New Trial/Judgment NOV Case Settled Deposition Other:APPELLATE Notice of Appeal Due Transcript Due Settle Transcript Brief Due Cost Bill DuePROBATE Affidavit of Mailing Notice to Heirs and Devisees Inventory Due Four months from date of publication expires Inheritance Tax Due Estate Tax Due Fiduciary Return DueCORPORATIONS Reservation of Name expires Annual Meeting Annual Report DueFORECLOSURES Notices to be sent Sale Date 10-DAY NOTICE 30-DAY NOTICE APPOINTMENT OTHER:REMINDER DATESDOCKETED BYDATE[17Aug07 Rev 06/92]PROFESSIONAL LIABILITY FUND (DOCKET SHEET.DOC)

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Calendaring,Docketing, and FileTickling SystemsPresented by• Sheila M. Blackford• Practice Management Advisor• OSB Professional Liability Fund

Our Agenda1. What’s at stake?2. Calendar Control3. Docket Control4. File Tickling Control5. Resources6. Questions

Most malpractice claims involvemissing a deadline.• Stats are scary but in Oregon, the odds ofa legal malpractice claim are 1 in 6.

Malpractice Claims due toAdministrative ErrorABA 2003 Profile of Legal Malpractice Claims1. Procrastination in Performance/Follow-up2. Failure to Calendar Properly3. Clerical Error4. Failure to React to Calendar5. Failure to File Document – No Deadline6. Lost File, Document Evidence

ABA 2003 Profile of Legal Malpractice Claims50.00%45.00%40.00%35.00%30.00%25.00%20.00%15.00%10.00%5.00%0.00%2003 claimsAdministrativeErrors 28.35%SubstantiveErrors 47.28%ClientRelations14.57%IntentionalWrongs 9.79%

Malpractice Claims due toAdministrative ErrorABA 2003 Profile of Legal Malpractice Claims20%18%2%38%ProcrastinationCalendarClericalReactFile22%

Calendar Control• Do you have a reliable system fortracking dates and deadlines?

Calendaring Have a backup system. Calendar advance warnings prior toultimate deadlines. Follow up to see that the work wasactually completed.

Calendar important dates• Administrative hearings and deadlines• Billing dates• Client-imposed imposed deadlines• Court appearances• Dates you and your staff will be out of theoffice• 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 formaldocket control system?

DocketingHave a designated employee in charge ofthe 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 filetickling system toprevent files frombeing neglected?

File Tickling Tickle file for review every 30 days. Tickle file to be pulled and reviewedevery 60 days. Never put a file away without afuture tickle date.

Tickling• Don’t let files stack up on your desk.• A good tickling system prevents verticalpiles on your desk.• A good tickling system prevents filesfalling through the crack because nothinghas happened to create activity.

Tickle Items• Open files• Follow-ups to requests from firm• Follow-ups to requests from client• Follow-ups to requests fromopposing party• Follow-ups to requests from court• At file closing• At file destruction

Resources forcalendaring, docketing,and file tickling systems• Professional Liability Fund www.osbplf.org• Practice Aids and Forms• ABA LPM Books at 30% discount• Oregon State Bar www.osbar.org• CLEs & Publications• ABA Law Sections Books at 15% discount• Oregon Law Institute www.lclark.edu/org/oli• CLEs & Publications

Resources for case managementsoftware that has calendaring,docketing, and file tickling systems

Questions?Thanks for listening!Sheila M. Blackford503-684684-7421sheilab@osbplf.org