Case management systems have become an essential tool for law firms.  These applications organize client data in a relational framework and allow easy access to the entire file including calendars, documents, email, and billing.  While most lawyers now own or at least recognize the power and necessity of such systems, many do not realize that they possess a powerful tool to help them limit their exposure to malpractice claims. 

Common legal malpractice claims fall into several broad categories.  These include fraud and other forms of intentional misconduct, failure to know or understand the law, failure to communicate properly with or inform the client, including conflicts of interest, and administrative errors related to scheduling, missed court dates and missed deadlines.  While no case management system can prevent fraud or assist an attorney with substantive legal questions, almost any system can greatly reduce the likelihood of missed conflicts and missed deadlines.

Conflicts and Keeping the Client Informed

Conflicts of interest remain a leading cause of malpractice claims.  In my role as a technology consultant to other lawyers, I visit many law firms and I am still amazed that some firms do not have any formal system of conflicts checking.  At some firms, the conflict check consists of lawyers asking each other whether they know or have ever dealt with a particular person.  Others run a less than adequate search against sources such as a card file or WordPerfect document.  More recently, I have noticed conflict searches based on Google Desktop or some other comprehensive search tool.  While I can’t fault the thoroughness of that search, I do have concerns about whether sense can be made of the results.

By their very nature, case management systems are very good at performing conflict searches.  A properly used system catalogs clients, adverse parties, judges, witnesses and everyone else involved in the case as well as events, documents and other important information.  A single search might return hits in any number of database records.  While not every single hit will be a conflict, the resulting list provides the starting point for review by someone trained to spot those that are.  Best of all, most searches of this type can be accomplished in, at most, a few minutes.  This allows for the screening process to take place during the initial contact with the client.

Poor client relations can also lead to claims of malpractice.  While their expectations may not be realistic, some clients require more frequent hand-holding than others.  Case management systems provide methods for ensuring that clients do not “fall through the cracks.”  One example is LexisNexis Time Matters, which provides an Inactivity Watch for contacts and matters.  This function watches for changes to these main record types as well as supporting records tied to them.  It can be set to watch for any contact or matter not touched within a certain amount of time or for particularly important clients and files.  Features like this help keep lawyers informed of which files need attention and when.

Deadlines and Scheduling

Inadequate scheduling and missed deadlines have always been among the most commonly cited reasons for malpractice claims.  While it is a lawyer’s job to know and understand many different deadlines, it is not surprising that so many deadlines are missed.  On a single file, a lawyer may have to deal with several statutes of limitations as well as a notice of claim, with variations between jurisdictions.  Multiply this by a typical caseload and it is obvious why accurate and reliable scheduling is, and always has been, critical to the practice of law.

Case management systems provide a number of features designed to eliminate scheduling mishaps.  Most obvious are tickler systems that remind attorneys of approaching deadlines.  Each morning, the attorney is reminded of their upcoming appointments, tasks and other critical dates.  Many systems allow custom reminders and alerts based on the type of critical date, allowing earlier and more frequent reminders for statutes of limitations while not bombarding the lawyer with daily reminders of next February’s Rotary event.  Most systems also provide a method for quickly identifying which items have already been completed or removing completed items from the list entirely.

Tickler systems are the most visible result of the true power of case management systems.  This is the ability to calculate due dates and automate calendars based on jurisdictional rules.  A number of functions with names like Timetable, Date Calculator fall into this category.  Generally speaking, a Timetable sets the parameters for scheduling.  This might include moving a date to the prior Friday or next business day if the deadline falls on a weekend, adding three mailing days to the end of a time period, or whether to count legal holidays.  Different Timetables account for variations from statute to statute.  Finally, the Timetable is told how many days to count in a particular situation.  Once the Timetable is created, a Date Calculator applies the scheduling parameters to a start date and generates a due date.

Automation and Delegation

Case management systems also include powerful tools for automating calendar functions and delegating tasks to others.  Automation might take the form of schedule chains in which a series of items are automatically scheduled with just a few clicks.  The chain of items can include everything from appointments to tasks to documents that must be drafted.  Items in the chain can be dependent on the original date or dependent the date of another item in the chain.  This type of rules-based scheduling is beneficial for a number of reasons.  First, it can incorporate specific rules and settings for different types of files.  Second, it saves a lot of data entry by automatically creating all of these items.  Third, and perhaps most important, automating a complex or lengthy chain of items means it more likely that every item actually gets scheduled.  Expecting one person to accurately schedule thirty items will not always lead to problems but a human being is more likely to miss or forget one item than your case management system.

Tracking the delegation of tasks is another way that a case management system can keep a busy attorney on top of things.  In a typical law firm, a task is assigned to the person best capable of completing it, but it is often difficult to keep track of who is doing what, for whom, and when it is due.   The To Do or Task feature of most case management systems can be customized to provide an accurate picture of all items assigned by or to an attorney.  The information provided may include when the task was assigned, by whom, when it is due and the current status.  One view shows everything assigned to an attorney while another shows everything assigned by the attorney and either view can quickly be converted into a daily or weekly report.

Conclusion

If used properly, a case management system takes much of the guesswork out of conflict checking, scheduling and follow-up.  Of course, while they are great tools, they are not a substitute for knowledge and understanding of the law.  Make sure you understand how your system works and periodically verify that it is working properly.  If you need help with any of the features I have described, take some time to look for them or invest in some training.  Your case management system already includes all of these features.  It is up to you to use them.  Once you are, your case management will become an indispensable part of your everyday routine and an invaluable resource for keeping up with your busy law practice.

This article was originally published in the Wisconsin Law Journal on August 23, 2006.