Two Quick and Easy Calendar Tips for the Busy Practice

Mark C.S. Bassingthwaighte, J.D.
Regional Risk Manager
mbass@alpsnet.com

I am confident that each and every one of you is aware that calendar errors remain the number one source of malpractice claims. Although there are a number of procedures that can make the calendar process efficient and accurate, the advice that I offer here is not of the "how to calendar" type. Instead I offer two ideas that relate to the calendar and are often overlooked by many attorneys and firms.

The first idea really addresses a contingency planning concern. Ask yourself the following question. If a fire occurs tonight and the office is totally destroyed, is there a calendar for each and every office attorney available the next day?

In spite of a computer presence in many offices, when I ask this question the answer is many times a surprising no. Firms often have an attorney or two who refuse to use the firm's computer calendar for any number of reasons, and choose to rely on the paper calendar that sits on the desk each and every day. Other attorneys or firms rely on computers for everything but the calendar. Firm computer systems usually are backed-up and in most instances a copy is stored off site or in a fireproof safe, and the belief is that all important information will be available in the event of a catastrophic loss. The reality is that after a fire or other devastating loss, complete calendars for all attorneys often are not there. Don't allow this to happen to you. It is time-consuming and expensive to rebuild calendars from courthouse records. Use the computer calendar and get a back-up offsite or take a copy of the paper calendar off site daily.

One side note here. Fireproof safes are not necessarily heat or humidity proof. Unless the safe is rated for electronic media storage, back-ups in a fireproof safe may not survive a hot fire.

Briefly, there are several other ways for the technically inclined to accomplish this task. Palm Pilots that are "hot synced" daily to the computer calendar and taken off site are a great way to go. Maintain a copy of the calendar on your home computer or laptop (as long as the laptop travels off site every day) and update from the office calendar daily. Some attorneys are now using as a back-up the free Internet calendars like the one provided at Yahoo.com. The calendar's privacy rights settings can adequately protect the information on the calendar. The advantage here is that clients who may need to check on your availability from time to time can do so without having to contact you. The point is that there are many ways to have off-site calendars that are easy and don't take a great deal of time. Here is where a little bit of time can prevent a serious headache down the road.

The second idea is designed to catch the overlooked file. This is the nightmare that none of us ever wants to experience, particularly after a statute has run but unfortunately, this happens far too often. File reviews often do not occur due to a mistaken impression that a significant amount of time is necessary in order to accomplish the task. This couldn't be farther from the truth. Here are two easy methods to accomplish the task.

For those of you who prefer to rely upon computers to accomplish all tasks, allow me to suggest using a file review date for each file. Everyone in the office must agree to the process, or it will not work. The attorney or firm must decide upon the frequency of review. I recommend a review every thirty to forty-five days. As work is completed on any active file, the calendar should be reviewed to see if there is another date thirty days out that will result in the file being pulled. If not, enter a review date on the calendar. There should be no exceptions here.  Sometimes tasks can be accomplished more efficiently and effectively with less reliance upon a computer, and file review is one of those tasks. Here is my preferred method.

You begin with developing a list of all active files by attorney. Building the initial lists will be the only task for which staff time of an hour or two may be necessary. Often these lists can be created from the time and billing program, but make certain that names of active files get printed in the report even if no work has been done on that file in the current billing period. Other attorneys simply maintain a file list in Excel or Word.

On the first day of each month, each attorney receives his or her list of active files. The list is taped to the corner of the desk, and each time a file comes across the desk that name is checked. When you open a new file, add the name. When you close a file, cross the name off the list. On the last day of the month there will likely be several files that have no check. These files are pulled for review, and their names receive a check mark upon review. The list is then returned to the designated staff person who updates the lists, and the process is repeated monthly. I have visited firms who place so much importance on this procedure that no paycheck will be issued to anyone who hasn't completed the process.

Regardless of the system used, a file review ensures that each of your files gets some attention. The short call, e-mail, memo or letter mailed to the client stating that nothing is happening can also be a very effective marketing and risk reduction tool. The clients will hear from you on a regular basis, and if they know when to expect an update and actually receive one each month, call volumes often drop and client satisfaction goes up. Clients will feel that their matters are important to you, and that you are competently handling their matters. Satisfied clients typically don't sue.

These are not time-consuming or expensive procedures. Taking a copy of the computer back-up out of the office or checking a name off a list has a truly minimal impact on staff or attorney productivity. Yet the benefits from a committed effort to follow through with both suggestions can significantly reduce your exposure to a malpractice claim. The choice is yours.