Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?
This article explores electronic case filing and the duties of lawyers with regard to electronic filing. A recent federal district court case held that an attorney’s failure affirmatively to check the status of his case via email or the court’s PACER system, which resulted in dismissal of the case, did not constitute excusable neglect under Rule 60(b)(1) of the Federal Rules of Civil Procedure. This holding imputes a professional duty on lawyers who use the electronic filing system to check email and the status of their case, suggesting that breaching of such duty may constitute malpractice.
Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?,
2 Shidler J. L. Com. & Tech.
Available at: https://digitalcommons.law.uw.edu/wjlta/vol2/iss3/4