No Delay May – Getting Files Back on Track
No Delay May – Getting Files Back on Track
No Delay May – Getting stalled files back on track
Got stalled files? You’re not alone if you do. Many lawyers report having files that, for one reason or another, they find hard to progress. Although common, stalled files can lead to problems for your client and, subsequently, for you.
To kick off No Delay May, we asked you to engage with each of your files to ensure they are properly diarized, noted, and progressing as intended. If you identified any stalled files, it is time to get them back on track. The first step is to determine why they are not moving ahead as you would like.
The Client Expectation Gap
Files can stall when there is a gap between what the client expects and what is likely to be achieved for their matter, including potential outcomes, chances of success, risks, costs, or timelines. If expectations are not clearly understood and managed, the lawyer may start to avoid difficult conversations or delay next steps, especially where there is no clear path to the client’s desired result. When the client is the source of delay, it is similarly important for the lawyer to clearly communicate (in writing) the risks and potential consequences of the matter not progressing, including potential missed limitation periods, lost opportunities, or dismissal of an action for delay.
Addressing expectation gaps early and revisiting them throughout the life of the file can help keep the matter on track and reduce the risk of delay, frustration, and misunderstanding. Conversations clarifying expectations can be difficult, but they often get harder as more time passes. And if a file ends badly before an expectation gap is addressed, the lawyer may find themself defending a claim by a client whose unreasonable expectations are now directed back at the lawyer.
If you identified a file that has been caught in a client expectation gap, there are resources to help you get it moving again. Section 2.5 of Law Practice Essentials provides an overview of best practices for managing client expectations. Section 6 of Law Practice Essentials offers information about dealing with difficult clients. Practice and Equity Advisors are also available to provide legal and ethical guidance, including if you are having trouble managing client expectations or think you may need to withdraw as counsel. In all cases, remember to put your communications, advice, and opinions in writing!
The Cost of Stress
Lawyers may struggle to advance their files because they are experiencing stress or burnout. Chronic stress at work or at home often leaves people feeling exhausted. They may struggle to focus, make decisions, or complete tasks. For lawyers feeling this way, managing files that previously felt challenging may suddenly seem insurmountable.
If you are experiencing stress and burnout, there are resources available to you, including services from Alberta Lawyers’ Assistance Society. We encourage everyone to watch these two short videos on recognizing and caring for burnout in the legal profession, created by CLIA in partnership with the Law Society of Saskatchewan and Saskatchewan Lawyers’ Insurance Association. See also Psychological First Aid: Stress and Burnout.
It can be difficult for someone who is already struggling to recognize the problem or ask for help. If you are concerned about a colleague or friend, you may be able to provide that help. See Mental Health in the Legal Profession: Your Obligations & How to Help – Law Society of Alberta.
Urgency-Driven Workflow
Sometimes, files stall not because they are unusually difficult, but because a busy practice leaves too little time for consistent follow-ups. When deadlines, meetings, emails, and urgent issues compete for attention, it becomes easy for less pressing files or tasks to lose momentum. Proactive file management can help. Clear diary and reminder systems, regular file reviews, task lists, checklists, and scheduled time to deal with next steps can all help lawyers stay on top of their practices and keep files moving. Good systems will not eliminate a heavy workload, but they can reduce the risk that important steps are overlooked and help reduce the stress of a busy practice.
If you could benefit from a review of your practice systems, Practice Management Counsel are available for consultations. There are also written resources available to you from the Law Society, including section 8 of Law Practice Essentials (time management), and sections 9.4 and 9.6 of Law Practice Essentials, which explain how to Develop a File Opening Procedure and Checklist and how to Develop a File Closing Procedure and Checklist.
Report to ALIA by June 30
Many stalled files can be put back on track once you identify the cause of the problem and take steps to rectify it. In some cases, file reviews may also reveal a claim or circumstance that should be reported to ALIA. Remember, you have an obligation to report as soon as practicable and in any event by June 30. While reporting may feel daunting, ALIA is here to assist and to hopefully ease the stress of discovering a potential issue. For guidance on what to report, when to report, and what to expect after you report, refer to the Demystifying ALIA series.
Help Prevent Delay This May!
Taking time to review your files can help you to maintain a proactive practice, improve the service offered to your clients, reduce work-related stress, and protect yourself from delay-related claims. Thank you for participating in No Delay May!
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