Hi, I’m Adam Gwaltney and I’m an insurance agent not a lawyer. That’s my disclaimer.

This will be a 10-part article discussing the top 10 traps that lead to legal malpractice. Future installations of this series are coming soon!

# 1 – Missing a deadline or statue of limitation.

Missing a deadline or statute of limitations is one of the most common causes of legal malpractice claims across the United States. Plaintiff personal injury firms tend to have higher malpractice insurance premiums because of this issue. I’ve seen too many “slam dunk” cases filed against my clients due to a missed deadline. One of the most extreme examples was a few years ago when a plaintiff personal injury firm missed a filing deadline for an auto accident claim. After only $184 in defense costs, the insurer had to pay the claimant $100,000. Six months later, the insurer sent a non-renewal letter to the law firm—ouch. In the end, it took one lawyer just an hour to determine my client’s liability.

So, how can lawyers avoid this common pitfall? Should they avoid practicing in areas with strict deadlines? Of course not. And giving up law entirely isn’t the answer either. You went to law school, after all—it would be a shame to waste that education! The real solution lies in solid intake procedures, effective risk management, and well-organized office systems. It’s important to note that missed deadlines aren’t just a personal injury issue. Any area of law can be vulnerable. Let’s keep it simple and focus on a few key strategies that can help prevent missed deadlines.

Checklist for Avoiding Missed Deadlines

1. Implement effective intake and conflict check procedures.
Collect detailed information at the outset of every case. While insurance carriers may not
specifically ask to see your intake procedures, they expect you to have them in place.

2. Use a dual calendar system for docket control.
Even if you’re a solo practitioner, make sure key dates are recorded in at least two places.
Redundancy is your friend! Consider using both digital and hard-copy calendars. For instance, if you use Outlook, turn on notifications or reminders to keep important dates top of mind.

3. Thoroughly research each case.
Know who to name in the claim, what the statute of limitations is, and which jurisdiction applies. I’ve had several clients miss deadlines in cases outside their primary state of practice because they were unfamiliar with the proper timeline. Additionally, ensure that you name the correct entity when filing a claim.

In Summary:

Build redundancy into your practice management, especially with calendaring and docket
control. You don’t need expensive software—just make sure whatever system you choose works for you. Stay vigilant and be careful out there!