As human beings, we all have bad habits. But bad habits in the practice of law can create risks that lead to malpractice claims, even where those claims have no merit. There are some simple steps that lawyers can consider to help them break the bad habits that can lead to claims. Here are some relatively simple tips for lawyers and law firms to help break some common bad habits.

Make Clear Engagement Letters a Part of the Practice

Lawyers may forget to issue engagement letters for new representations or avoid using engagement letters based on the misconception that laying out terms could alarm a client or cause the client to think about what could go wrong during an attorney-client relationship. Moreover, some attorneys use a general engagement letter that does not specify the scope of the representation, which can suggest that the lawyer has agreed to advise the client on a broad scope of legal issues, far beyond the actual intended scope of the representation. This, in turn, can create additional unnecessary risk.

However, specific and clear engagement letters are a vital risk management tool. For example, an engagement letter that clearly identifies the client, describes the scope of representation, states the duration of the representation, and/or confirms the fees to be charged for the firm’s services can provide a defense to a later claim that misstates these terms.

Start Using or Update an Existing Docketing System

Time is often the most precious commodity for a lawyer. Lawyers are often called upon to balance numerous matters and deadlines at a single time. But missing a deadline, forgetting a court appearance or failing to attend to client interests or demands are among the most common bases for legal malpractice claims, even where the missed deadline has no negative impact for the client. Such errors can also be easy for a legal malpractice plaintiff to explain to a jury, which creates risk.

Even the most vigilant or experienced lawyers may inadvertently fail to comply with a deadline, particularly if a systematic approach is not used to keep track of important dates. By implementing and using a computer-generated system for docketing, lawyers are more likely to prevent time-related errors. The use of a docketing system also means that lawyers do not have to keep deadlines in their mental datebooks. To avoid any errors or missing deadlines, lawyers can employ and then reevaluate their calendar or docket control system. Effective docket control systems should help, not hinder, the practice of law. If a docket control system is not helping a lawyer track and manage deadlines, there may be a better system for the practice. A resourceful docketing system is user-friendly, accurate and reliable.

Further, once a docketing system is established, it is important to actually use the system. Failing to do so defeats the purpose of establishing such a system in the first instance, and the potential risks still remain an issue. If documents or deadlines are not being fed to the docketing system, there is still a significant risk of missing a deadline—and receiving a claim.

Effectively Manage Your Email Inbox

Another bad habit in the practice of law is where lawyers use their email inbox as their task list. Leaving emails unattended in an inbox, with the goal of “getting to them later,” can create a never-ending stream of missed deadlines, especially at times when email volume is at its highest.

Moreover, a lawyer may inadvertently miss a deadline or an important communication because of delays in processing or reading emails. Foldering and archiving emails on a regular basis can be of great assistance to lawyers. Some law firms will even limit the number of emails that can be kept in an inbox, thereby encouraging lawyers to process emails in a timely fashion. In the end, however, the best approach to email is one that ensures they are triaged in a timely fashion (which can be done with the assistance of staff and other attorneys) and new deadlines are taken from email communications and entered into the docketing system or placed onto other task lists.

Ensure the Security of Mobile Phones

The ubiquity of mobile phones sometimes causes lawyers to forget that they are essentially carrying a computer, with access to their firm’s files, through the smartphone in their hands.

To ensure that confidential information is protected while using mobile phones, most law firms require the use of complex passcodes that must be changed on a periodic basis. In that way, if a phone is left in a restaurant or in the back of a cab, the firm’s files and network are still protected. In addition, law firms may use programs that allow them to “remote wipe” data from smartphones in the event the phones are lost or stolen. Others use programs that ensure smartphone data is encrypted or employ features such as GPS tracking and secure file sharing. What works best may vary by firm or by client.

Purchase or Reassess Professional Liability Coverage

Legal malpractice insurance coverage is a necessity of the modern law practice, even where the jurisdiction does not specifically require lawyers to carry insurance. Professional liability coverage is a benefit to all lawyers, even those who do not anticipate receiving malpractice claims.

Further, for those lawyers who do carry insurance, it is good practice to periodically review the existing professional liability policy before a claim is made to identify any potential gaps and to fully consider whether the policy provides coverage that meets the needs of the firm and its lawyers.

By recognizing that these “bad habits” have easy fixes, lawyers can reduce the likelihood or severity of a claim.