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The lawyer relied on his wife, who was also his secretary, to retrieve and read email. Last year, a lawyer in Philadelphia lost the right to pursue a $35,000 fee claim because he did not receive electronic notice of the scheduled arbitration. To make matters worse, when Robinson became aware that the deadline had passed, he made a strategic decision not to contact opposing counsel or the court. He never checked the ECF system for docket activity and failed to inform the court of his inability to receive e-notices. The Robinson case was particularly egregious, as the lawyer knew the deadline for dispositive motions in the case was pending during the time his firm was experiencing a computer meltdown. Wix Filtration Corp 599 F.3d 403 (4th Cir. The lawyer told the court he never received electronic notice of the motion because of his various computer problems, including a malware virus. Court of Appeals for the 4th Circuit upheld the dismissal of a wrongful termination case when the plaintiff’s lawyer failed to respond to a motion for summary judgment served by email. The court denied his motion for extension of time to appeal.) (Counsel failed to enter his email address into ECF system and did not receive notice of entry of an order. 2009) the plaintiff uploaded the wrong document to the CM/ECF system but argued that a deficiency notice directing him to refile within five working days extended the time for electronically filing a notice of appeal. Unknown Sunken Barge, 567 F.3d 348 (8th Cir. Court of Appeals for the 8th Circuit was equally unsympathetic when the losing party failed to timely file a notice of appeal because an employee at the law firm accidentally deleted an e-notice informing the parties that a final order had been issued. He never checked the spam filter to see whether email messages from the court were being blocked.
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administrator adjusted the spam filter to block messages with offensive content, he failed to white-list the court’s email domain. In 2007, an attorney who failed to appear in Colorado was required to pay the opposing party’s attorney fees when his firm’s spam filter inadvertently blocked the court’s e-notice of a settlement conference. In recent years, courts have punished lawyers mercilessly for CM/ECF-related mistakes. But with technological advancement comes peril. Online case management and electronic case filing systems (CM/ECF) offer great convenience for lawyers and legal staff - extended hours, online document filing, easy access to court calendars and more. Managing Your Practice Zero Tolerance for e-Filing Error:Īvoid Committing Malpractice, with a Few Clicks of Your Mouse