Common Mistakes Attorneys Make — and How Clients Can Protect Their Own Cases

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Legal matters rarely fail because of a single dramatic mistake. More often, they deteriorate gradually — missed deadlines, unclear communication, strategic drift, or a client left in the dark.

At our firm, we are often retained after a case has already been underway for months — sometimes years. In reviewing court dockets and litigation histories, we frequently observe recurring issues that can materially affect outcomes.

This post addresses:

1. Common attorney-side missteps

2. Practical steps clients can take to stay informed and protect their interests

1. Lack of Clear Litigation Strategy

One of the most common problems we see is not necessarily incompetence — but lack of a defined strategy.

Red flags may include:

• Repeated adjournments without clear purpose

• Reactive motion practice instead of proactive positioning

• Failure to narrow issues early

• No written explanation of the litigation roadmap

Litigation is not simply filing papers; it is a structured progression toward leverage, settlement, dismissal, or judgment. Without direction, costs increase while progress stalls.

2. Poor Communication With the Client

Clients often tell us:

• “I didn’t know that motion was filed.”

• “I never saw the opposing papers.”

• “I didn’t realize that deadline was so important.”

In New York State Supreme Court matters, filings are publicly accessible through New York State Unified Court System via NYSCEF. Yet many clients are never shown how to monitor their own case.

A client should not learn about major developments months later.

3. Missed or Mismanaged Deadlines

Court deadlines are unforgiving.

Extensions may be granted — but repeated delays can:

• Damage credibility with the court

• Signal weakness to opposing counsel

• Increase client costs

We often see cases where deadlines were technically met but strategically mishandled — filings submitted at the last possible moment without preparation or client review.

4. Failure to Keep the Client Engaged

Some attorneys treat clients as passive participants. That is a mistake.

Clients:

• Possess key documents

• Know the underlying facts

• Understand business context

• Detect inaccuracies in pleadings

When clients are not asked to review drafts or affidavits, factual errors can enter the record — and correcting them later becomes far more difficult.

What Clients Should Be Doing to Protect Their Own Cases

Litigation is a partnership. Even excellent counsel benefits from an informed and engaged client.

Here are practical steps clients should take in any lawsuit:

1. Monitor the Online Docket

If your case is in New York State Supreme Court, you can follow filings through NYSCEF via the New York State Unified Court System website.

You should:

• Check the docket periodically

• Download newly filed documents

• Confirm that your attorney has provided them

• Read at least the introduction and conclusion of each filing

You do not need to be a lawyer to recognize whether your position is being accurately represented.

2. Read Every Major Submission

At minimum, review:

• Complaints and Answers

• Major motions (e.g., motions to dismiss, summary judgment)

• Affidavits submitted in your name

• Court decisions

If you see a factual inaccuracy, raise it immediately.

3. Keep Your Own Timeline

Maintain a simple timeline of:

• Filing dates

• Court conferences

• Submission deadlines

• Meetings with counsel

Even a basic spreadsheet or notebook can help you track whether your case is progressing or stagnating.

Clients who understand their timeline are less likely to be surprised.

4. Ask Direct Strategic Questions

Do not hesitate to ask:

• What is the objective of this motion?

• What is the realistic outcome?

• What is the settlement posture?

• What happens if we lose this application?

• What is the next procedural milestone?

An experienced attorney should be able to explain this clearly.

5. Confirm Responsibility for Follow-Up

For every court appearance or submission, clarify:

• Who is responsible for drafting?

• When will you receive a draft?

• What documents are still needed?

• What deadlines cannot be extended?

Silence is not strategy.

A Balanced Perspective

Litigation is complex. Courts are congested. Judges are reassigned. Opposing counsel may file meritless applications.

Not every delay is malpractice. Not every unfavorable ruling reflects poor lawyering.

However, transparency, structure, and client engagement dramatically improve outcomes.

Final Thought

The most successful cases we handle share one common trait:

The client is informed.

They understand:

• The procedural posture

• The upcoming deadlines

• The strategic objective

• The risks

Litigation should never feel mysterious.

When attorney and client operate as a coordinated team — the case is stronger, the record is cleaner, and the path forward is clearer.