Am I going to get fired? Forum

[Anonymous User]

I miscalculated a discovery deadline in a case so we basically blew through it. I misunderstood the scheduling order's deadlines and thought we had several months to go. I am a junior associate. On the plus side we may have some COVID-based excuses but this is pretty bad. The case is a relatively small one so it won't involve a vendor or any serious doc review - we may be able to complete the request quickly.

Thoughts? Am i fucked?

[rustyburger2]

I miscalculated a discovery deadline in a case so we basically blew through it. I misunderstood the scheduling order's deadlines and thought we had several months to go. I am a junior associate. On the plus side we may have some COVID-based excuses but this is pretty bad. The case is a relatively small one so it won't involve a vendor or any serious doc review - we may be able to complete the request quickly.

Thoughts? Am i fucked?

I wouldn't think you'd get fired just for that. It's not great, but it's the sort of mistake you could imagine anybody making. I might be wrong, but I think of friable offenses as those that go to someone's judgement - like egregiously improper handling of confidential information.

[Anonymous User]

Blowing deadlines is never great. But if you’re going to blow one, it would rather it be discover than almost anything else. In the end, only biglaw firms really care about discovery deadlines. Or really enforce them. A simple oops my bad email to the other side asking for an extension would usually suffice.

With that said, you’re not going to get fired over this mistake, but as you’re aware it’s not a great look. Especially right now. Just make sure it never happens again and do perfect work until you have some time behind this mistake and everyone forgets.

[esther0123]

Isn't there a senior associate overseeing the case? How did this happen?

[Anonymous User]

Isn't there a senior associate overseeing the case? How did this happen?

Thanks for the replies from everyone above. That makes me feel a bit better (not panicking now) and I'll focus on doing everything perfectly moving forward. As I mentioned, we possibly have a COVID excuse anyway.

My firm staffs cases very leanly -- I actually have never worked on a case with a senior associate yet. The partner I'm working on this case with is extremely busy and basically relies on me to run the case except at key parts so I have sometimes ended up in a bit over my head. I had been doing well in spite of that and thus showing that I could handle responsibility up until this incident...

[ChickenSalad]

Isn't there a senior associate overseeing the case? How did this happen?

Thanks for the replies from everyone above. That makes me feel a bit better (not panicking now) and I'll focus on doing everything perfectly moving forward. As I mentioned, we possibly have a COVID excuse anyway.

My firm staffs cases very leanly -- I actually have never worked on a case with a senior associate yet. The partner I'm working on this case with is extremely busy and basically relies on me to run the case except at key parts so I have sometimes ended up in a bit over my head. I had been doing well in spite of that and thus showing that I could handle responsibility up until this incident...

It may be a long shot but look at the courts website for any standing orders. I know of several courts that issued deadlines and extensions on all cases.

And no this isn’t fireable. What’s the specific deadline you missed? Even missing a RFA response deadline is fixable

[Anonymous User]

Isn't there a senior associate overseeing the case? How did this happen?

Thanks for the replies from everyone above. That makes me feel a bit better (not panicking now) and I'll focus on doing everything perfectly moving forward. As I mentioned, we possibly have a COVID excuse anyway.

My firm staffs cases very leanly -- I actually have never worked on a case with a senior associate yet. The partner I'm working on this case with is extremely busy and basically relies on me to run the case except at key parts so I have sometimes ended up in a bit over my head. I had been doing well in spite of that and thus showing that I could handle responsibility up until this incident...

It may be a long shot but look at the courts website for any standing orders. I know of several courts that issued deadlines and extensions on all cases.

And no this isn’t fireable. What’s the specific deadline you missed? Even missing a RFA response deadline is fixable

Responses and objections to RFPs and interrogatories

[Bllljd115]

That's fixable. Opp counsel would have to be a jerk to oppose a reasonable extension esp. if you are agreeing to provide docs. In most jurisdictions you need to meet and confer anyway before filing any motion to compel.

[Anonymous User]

Anonymous because a lot of people in my group know this story.

I missed a summary judgment deadline in a small case (due to a mistake by local counsel months earlier that caused us to schedule dates wrong) when I was a junior associate. Regardless of the underlying cause of the screw up, it was most definitely my fault. As I’m sure you are/were, I was absolutely freaking out - so I feel your pain.

Key is to fall on your sword and admit the mistake (if you haven’t already) AS SOON AS POSSIBLE. Trying to cover it up or fix the mistake on your own is a massive mistake, and is something that is much more likely to get you fired than the mistake itself.

As part of fessing up, you should propose a reasonable solution, with all of the groundwork completed (e.g., draft email to opposing counsel, draft motion if necessary, etc.)

The mistake you describe seems totally fixable so I wouldn’t worry too much... but def don’t make it again.

As for my story, I wasn’t fired, didn’t come up in my review, and we ended up winning the case on our eventual motion for summary judgment. Moral of the story - missed deadlines is a mistake you never want to make, but most litigation mistakes are fixable.

[hdivschool]

Missing an RFP response deadline is not likely to get you fired.

[ChickenSalad]

Yeah you’re fine. Interrogatory deadlines mean basically nothing. As for the RFPs, even if he moves to have them deemed admitted, you can move to withdraw them and answer. I had a case that I picked up from another attorney who just left the firm. He missed RFP responses and we withdrew the admissions pretty easily.

Basically, it’s early in the litigation, there’s no prejudice to the other party, policy in favor ruling on the merits rather than technicalities, blah blah motion granted. no harm no foul.

Ideally you can serve them before he files a motion even if you’re after the deadline

[Anonymous User]

Yeah you’re fine. Interrogatory deadlines mean basically nothing. As for the RFPs, even if he moves to have them deemed admitted, you can move to withdraw them and answer. I had a case that I picked up from another attorney who just left the firm. He missed RFP responses and we withdrew the admissions pretty easily.

Basically, it’s early in the litigation, there’s no prejudice to the other party, policy in favor ruling on the merits rather than technicalities, blah blah motion granted. no harm no foul.

Ideally you can serve them before he files a motion even if you’re after the deadline

This is essentially what happened and everything turned out ok. Thanks everyone for your advice

[ATXBiglaw]

As others have said, and coming from someone that made a lot of errors as a junior, this situation will not get you fired. You're junior; mistakes happen. Key to any mistake like this is to bring it to the immediate attention of the supervising attorney; don't apologize, take responsibility and explain how you propose to fix it.

Two ways to fix this mistake: (i) Email opposing counsel, explain the mistake and and request an extension. In my experience, most will grant one. (ii) If opposing counsel is a jackass, serve the responses and let opposing counsel set a motion on.....what? Unless your trial is within 30 days, the documents produced will be admissible, so no harm. Opposing counsel will look extremely petty arguing something like this before a Judge.