The Internet has become the communication service of choice for the legal profession. This has significantly reduced reliance on regular mail and delivery services for transmission of legal documents, court filings, and correspondence. Risk management emphasis is now on how to deal with email, the Cloud, and the ever-expanding number of e-devices available for use.
We hope this has not led to a relaxation of good risk management for regular mail and delivery services, but we continue to see cases of malpractice where lawyers failed to have good controls over mailed time sensitive documents. Consider the following questions to evaluate your mail risk management procedures:
Good risk management requires constant attention to detail by docketing time sensitive outgoing mail for follow-up to assure that it was received in a timely manner by the right addressee and, when a filing fee is involved, that the fee was deposited. If the fee is not deposited in the regular course of business, you are on notice that something is amiss requiring prompt action. Never, never send by regular mail any time sensitive document when there is not enough time to get the irrefutable confirmation that it was received on time. Following this rule could save you from a malpractice claim and a major out-of-pocket expense.