Lawyer Professional Liability Insurers (LPL) Requiring Dual Docket Controls
Dual docket controls for a law firm refer to the use of two separate systems or processes to track and manage critical deadlines (especially court dates, filing deadlines, and statutes of limitations.) Missed deadlines cause lawyers professional liability (LPL) claims. Insurers cite missed statutes of limitations and other critical deadlines are the number one source of malpractice claims.
The American Bar Association (ABA) reports that four out of five attorneys will face a malpractice claim during their careers, and 70% of malpractice claims for missed deadlines are against firms with five or fewer attorneys.
Claims may arise from missed deadlines, including:
- Statutes of limitations for filing lawsuits.
- Discovery deadlines in litigation.
- Appellate deadlines for filing appeals.
To mitigate these risks insurers increasingly require dual docket controls. This redundancy helps reduce the risk of missed deadlines, which can lead to malpractice claims or adverse legal outcomes. Properly implemented dual docket controls:
- Error Prevention: Ensures that if one system fails, the other acts as a backup.
- Compliance: Supports risk management policies recommended by legal malpractice insurers and bar associations.
- Accountability: Provides checks and balances for calendar and case management responsibilities.
Because a missed deadline is a basic procedural error, certain admitted lawyers professional liability insurers will not provide quotes without dual docket controls. A law firm should use calendaring for all projects, events and deadlines. Enter dates into 2 different docket control systems that are independent of each other; preferably a different individual monitors each system. Legal malpractice insurers suggest:
- Implementing dual docket systems with at least one human-reviewed process.
- Verifying key dates with written confirmation in the case file.
- Ensuring staff training on how to use docketing tools.
- Documenting that multiple people are responsible for monitoring key deadlines.
Best Practices
- Separation of duties: Different staff members should maintain each system
- Standardized entry formats: Ensure consistency in recording dates
- Regular audits: Monthly reviews of both systems for completeness
- Error reporting: Establish protocols for documenting and analyzing any discrepancies found
- Training: Ensure all staff understand the importance of dual controls
Missed deadlines are costly both to the law firm and malpractice insurers. Firms that miss deadlines may pay substantially higher attorney malpractice premiums.
Get Lawyers Liability Insurance Malpractice Insurance Quote
Contact Me Today
Lee Norcross, MBA, CPCU
California License # 0D87292
L Squared Insurance Agency, LLC ® DBA in California as L2 L Squared Insurance Agency, License # 0L93416
Managing Director, CEO
Lee@L2Ins.com
616-726-7080
