1.7 Tickler Systems

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2022 Ed.)

1.7 TICKLER SYSTEMS

1.701 Determining Deadlines.

According to some surveys, deadline errors and failure to maintain an accurate calendar are the leading causes of legal malpractice actions. Careful attention to scheduling on all versions of the attorney's calendar and a familiarity with governing rules, including local rules, are the keys to preventing mistakes and potential malpractice claims.

An attorney must pay close attention to jurisdictional deadlines, such as notices of appeal. If these deadlines are missed, there is no remedy. Also, the attorney should be aware that some deadlines are determined by a filing date rather than the date the filing was served. For example, Rule 5:26 of the Rules of the Virginia Supreme Court provides that an appellee's brief must be filed within 25 days of the filing of the appellant's brief. Therefore, an appellee may not add three days for mailing. In the event of a calendaring error or missed deadline, some deadlines can be waived by the court. Often, opposing counsel must consent to any extension. Most legal communities throughout Virginia are small, so an attorney is well-advised to remember that "what goes around comes around" when opposing counsel requests an extension.

1.702 Calendar Solutions.

Correctly determining relevant deadlines is only half the battle. The tickler system must remind the attorney of the upcoming deadline in time to meet the deadline. For example, if a summary judgment brief must be filed by the first of the month, a notice on that day will not be helpful.

An attorney should assess whether scheduling, including advance reminders, should be done manually on a calendar, on a computer, or on a combination of both. An attorney should investigate software to help maintain all calendars. One leading vendor is CompuLaw, ³⁷ and system packages include AbacusLaw, ³⁸ ProLaw, ³⁹ and Amicus Attorney. ⁴⁰ Software systems for calendar maintenance are so effective that some malpractice insurers provide a 5- to 25-percent reduction in premiums when the systems are used. Most software packages contain modules for different localities. Desirable features in these packages include the ability to automatically recalculate dates based on a change in key dates or court...