Ethics
Get Your Clients Back on the Road Legally.
Ignition Interlocks
Portable and Home Alcohol Monitoring
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v. Pennington, 387 Md. 565, 594, 876 A.2d 642 (2005);Attorney Grievance Commission v. Tompson, 376 Md. 500, 512, 830 A.2d 474 (2003); and Attorney Grievance Commission v. Kemp, 335 Md. 1, 10-18, 641 A.2d 870 (1994). Claims arising from failure to manage the statute of limitations can also adversely impact attorneys’
ability to
maintain, or obtain, errors and omissions (malpractice) insurance coverage. Tis is so because claims of this type are preventable. For this reason, insurance applications also generally, if not always, contain a question or questions regarding utilization of a system to ensure proper management of statutes of limitations and deadlines.
Law Practice Management Techniques to Avoid Administrative Errors in Managing Statutes of Limitations or Deadlines
Every attorney should utilize law practice management
techniques to avoid failure to manage statutes of limitations and deadlines. Law firms that employ more than one attorney should have a policy that applies to all attorneys, as the key to success is uniform implementation as part of a system rather than application on an ad hoc basis. A law practice management system designed to avoid failure to manage statutes of limitations and deadlines should
34 Trial Reporter / Winter 2012
have components that begin at the outset of the representation and continue through its termination. Such a system should include a file opening document, and the file opening document should include important deadlines. For example, if the attorney is representing a potential plaintiff in a civil matter or a potential claimant in an administrative proceeding, the file opening document should include any statutes of limitations applicable to possible claims in the civil matter or the applicable deadlines for filing claims in the administrative proceeding. If the attorney is representing a defendant in a civil case or a respondent in an administrative proceeding, the file opening document should include the due dates for answers, counterclaims, cross-claims, third-party complaints, or responses. Once the important dates have been established and
memorialized, the system should also have features to ensure that the information about dates is disseminated and utilized in an appropriate manner. It is vital that the system include calendaring and scheduling functions to avoid missing deadlines. Te system should include, at a minimum, entry of information regarding important dates on the attorneys’ calendars and a mechanism for providing reminders, or “ticklers.” In law practice settings, except those of sole practitioners who do not employ support personnel, another person employed by the firm should also maintain what is known as a “perpetual diary” of important
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