Insufficient documentation of work accounts for many of the client relations and missed deadline errors associated with legal malpractice claims. “There didn’t seem to be a need” or “it takes too much time” are common reasons why some level of documentation wasn’t done. Simple office procedures can prevent many of these errors from occurring. Here are a few practice tips that might help:

• Have in place a system for checking the accuracy and content of all outgoing documents, such as letters, substantive email, briefs, contracts and motions. The system should include provisions for crosschecking by more than one person.

• Maintain a separate file for all documents prepared or received by the lawyer for each client matter and keep filing current. Daily filing procedures help to ensure that information is not lost and will be available when needed.

• Have a strict policy that provides that no active file can be filed away without a future date in the calendar or tickler system in order to ensure that a matter can never be overlooked. The file review cycle should be at least every 90 days. For litigators this file review frequency should drop to every 30 to 45 days. If no other date is already in the calendar or tickler system within the next 30 to 45 days, place a file review date into the calendar or tickler system for 30 to 45 days out. Many case management software programs have a file review calendaring function built in.

• Maintain a phone log of incoming and outgoing calls. Substantive conversations should be documented in the file, including important voicemail messages. Send a letter to the client confirming your understanding of significant decisions made over the phone or by voicemail.

• Document all association of counsel agreements and the responsibilities of each attorney in writing. Consider whether the client should be copied in.

• Consider how electronic files will be stored, backed up, kept secure and retrieved. This is essential to an efficient office operation. Consciously design a uniform computer filing system, review it regularly and update it often to ensure that files are maintained confidentially and retrieved easily. Make certain there is a relatively current back up copy of all data and programs kept at all times in a secure place outside of the office.

• Archive all substantive email electronically or in hard copy. It is too easy to alter email and you must be able to provide copies of your version of the exchange should altered email be submitted in support of an allegation of malpractice.

• Document scope of representation in writing on all files. This can be accomplished with an engagement letter, a “thanks for stopping by” letter, or in a fee agreement. It is particularly important to document scope of representation, including what will not be done, for all discrete task work.

• All client files should have a closure letter or another form of documentation that scope of representation has ended when representation on a specific matter has ceased.

Don’t get caught in this potential documentation trap. Many attorneys will document thoroughly in files of “problem clients” and become slack in the documentation of files with longstanding “good clients.” More often than not, this is due to the level of comfort that has developed with the longstanding client. Don’t allow comfort with a client to cloud your perceptions of what needs to be thoroughly documented. Problem clients are not the only clients who sue.

Unfortunately, far too many malpractice claims files are lacking documentation of something. The bottom line is that it is better to take a little extra time to document a file as a client matter develops than to regret not having done so once a claim arises. A little extra effort will help maintain good client relationships and add that extra bit of quality control that will help prevent claims and/or help to mitigate the damages.