Never leave your wingman…and never miss filing your lawsuit before the statute of limitations expires. Unfortunately, missing this critical deadline continues to plague lawyers who fail to properly calendar the date, often resulting in a legal malpractice claim. They may solely rely on someone else to calculate the deadline, miscalculate the deadline, or simply fail to recognize they must identify the date the statute of limitations runs. Each state has codified the timelines for filing suit for particular causes of action, so it is crucial to check your jurisdiction’s laws. Further, there may be certain rules with respect to minors, tolling the statute, and the discoverability of a claim that can affect the deadline for filing suit.  

So, before discovering a missed statute that takes your breath away, consider these best practice tips:

• Don’t fly solo – The Goose to your Maverick, have your associate or fellow partner on the file independently calculate and calendar the date. Confirm you both agree on the date the statute runs so there is no question about the deadline. Ensure the date is noted on the calendars of all the lawyers on the file, as well of that of their legal assistants. 
• Establish a flight plan – Your office should establish and follow a protocol for calendaring and monitoring statutes of limitations for the cases in your office. For example, keep a running list of the deadlines and calendar ticklers for thirty, sixty, and ninety days before the time frame for filing expires.
• “You [do] have time to think up there” – Consider calendaring a deadline a week or ten days before the statute runs to review the file again for any pertinent information you may need before you draft the complaint. Your client is better served by you taking the time to thoughtfully craft the pleading, including all available causes of action, and filing it before the deadline expires. 

If you are a new lawyer aiming to be Top Gun in your class and impress the partners, take the initiative to remind the partner on the file about an upcoming statute. Evaluate what information is needed and handle any research that must be done before you can prepare the lawsuit. Between managing a heavy caseload, communicating with clients, and negotiating with insurance adjusters, it is easy to lose track of deadlines. What’s more, a looming statute of limitations can affect your legal strategy for a pre-suit settlement. The partner will recognize and appreciate your assistance.

The one time you may not want to address the statute of limitations is for the cases you choose to decline. If after an initial client interview you decide not to take the case, be sure to send a non-engagement letter. However, best practice is to not include the statute of limitations deadline in your letter. This information could be construed as legal advice to a “client” you did not intend to represent which could give rise to a legal malpractice claim if the date is wrong and the individual relies on your calculation. 

While you may have the need for speed when it comes to client intake and setting up new files, be sure to make documenting the statute of limitations a top priority to avoid a potential malpractice claim.