Essentials of an Effective Docket and Calendar System
It is a necessary part of effective law office management to have policies and procedures for a docket and calendar system. Some malpractice insurance carriers require that firms have a docketing system in place as a condition of insurance.
Centralized Docket and Calendar
Ideally, the firm should maintain a centralized, firm-wide docket and calendar system. Some firms utilize separate systems for different practice groups. If a firm uses separate systems for different practice groups, then each of these systems should be centralized at least for that practice group, and all of the other requirements discussed below for a centralized system should be included in the practice group docket system.
Whatever system the firm uses, it should be computerized. The firm should back-up the docket and calendar data, and the back-up data should be stored off-site in the event a disaster disables the on-site data storage.
A redundant system should be maintained under which the office’s central calendar is coordinated with the lawyers’ individually maintained calendars. Lawyers’ individual calendars should be maintained in duplicate (i.e., by the lawyer and by his or her secretary or a legal assistant).
All lawyers in the firm should be required to participate in the centralized docket control system. There should be no exception to this policy.
If firm attorneys (and staff) have PDAs, the firm should require that the PDAs be synchronized with the firm’s centralized docket and calendar. Lawyers should be prohibited from making docket entries in their PDAs without synchronizing with the firm’s central docket and calendar, as a failure to synchronize increases the chances of deadlines being missed.
Master Calendar of Deadlines
The docket and calendar system should include a master calendar for all matters which are or will be before a court or an administrative agency, for matters that involve the recording of document with the Recorder’s office, and should be able to obtain copies of orders and other information from courts and administrative agencies.
The docket/calendar system should incorporate the following deadlines:
- Statutes of limitations
- Pleading deadlines
- Court dates (filings and appearances)
- Discovery dates
- Opposing party deadlines
- All appointments and meetings
- All self-imposed deadlines
- Regular communications with clients
If the firm has a litigation practice, the docket/calendar system should include all pleading deadlines, all court filings, court dates and appearances, all discovery dates and all opposing party deadlines.
If the firm has a tax, trust or estate practice, the docket/calendar system should include all tax return filing dates and all litigation deadlines.
If the firm has a real estate practice, the docket/calendar system should include all contract deadlines, all loan and documentation deadlines, all inspection and due diligence deadlines, all closing dates, all lien notification dates and all recording deadlines.
If the firm has a corporate/commercial practice, the docket/calendar system should include all annual meetings, all tax return and financial statement deadlines and all regulatory filing deadlines.
If the firm has a regulatory practice, the docket/calendar system should include all filing and recording deadlines.
If the firm has a patent/trademark practice, the docket/calendar system should include all deadlines for filing applications, domestic and foreign, and all dates of annuity or maintenance payments.
Calendar Person to be Designated
An individual “calendar person” should be assigned the responsibility for the input of dates and deadlines in the system and for assuring compliance with “critical” time limitations. The firm should designate a deputy “calendar person” to stand in for the primary calendar person in the event the primary calendar person is not available.
Incoming mail, faxes, and/or overnight or hand deliveries should be centrally scrutinized for dates and deadlines by the designated calendar person and those dates should be recorded in the docket and calendar of the firm and the individual lawyer.
All plaintiff matters should be reviewed at intake for applicable statute(s) of limitation. Statutes of limitations and other deadline dates also should be recorded conspicuously in the file.
The firm should utilize a New Client/Matter Intake Form that includes specific questions eliciting initial and later deadlines for actions to be taken by the firm (and others). The completed New Client/Matter Form should be delivered to the designated calendar person so that initial deadlines and other dates will be recorded in the docket and calendar data base by the calendar person.
Written Reminders of Deadlines
Written calendar reminders for individual lawyers should be generated at least weekly. There should be at least three reminders prior to the arrival of any given deadline date. One person at the firm should be responsible for assuring compliance with “critical” time limitations. A back-up person should be designated.
Docket and Calendar Policy Should Be in Writing
The law firm’s policy on docketing and calendaring should be in writing. If the firm has a manual of policies and procedures, this policy should be contained in the manual. The manual or other collection of firm policies and procedures should be accessible to all lawyers and employees of the firm. All lawyers and employees should be required to become familiar with this policy, as well as all other firm policies, upon joining the firm. The firm should remind the lawyers and employees of policies such as this periodically.
Until the firm’s policy on docket and calendar is put in writing, preferably in a manual of firm policies and procedures, the firm should take steps to make sure that all lawyers and other employees are aware of the policy. Initially, this should occur when they first join the firm at a formal orientation program. The policy should also be communicated at least annually at training sessions or seminars.