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Rising Star
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You say "no harm was done" but that you weren't still on track. Those two things seem a little at odds. Did the missed deadline cause you to become "off track"? What do you mean by off track - are we talking a short delay, or are we talking we missed our MSJ deadline for something that should have been resolved in that manner, or missed the deadline to disclose any experts for a case that requires experts?
If truly no harm was done then I would absolutely not make a big deal of it to the client.
What type of deadline? A court imposed deadline? An internal deadline? A client deadline? These are important distinctions.
This is the question. This might be a valid concern or dramatic depending on the answer.
As others have pointed out, there’s too little context around what the missed deadline was. Litigation, despite the civil rules, tends to be very fluid and dynamic. After a few years or decades of practice, you realize that many deadlines are suggestions rather than hard and fast rules. Plus, even when you do miss something like a summary judgment deadline, there are enough examples where you get the case resolved anyway. There’s often very little utility in flagging a problem for a client that won’t actually materialize into something harmful to the client. It creates stress for the client and they might place more emphasis on it than is warranted because they don’t have the experience with litigation an attorney does. Perhaps this is what the partner was trying to manage.
Your personal ethics/morals, is/are a line that you need to keep in sight at all times. I'd document this, (on paper not digitally), in case it happens again. If it becomes a pattern, you need to be able to prove it without a doubt before going to somebody with bigger brass. It doesn't matter if this guy is 5 minutes senior or 5 decades, a questionable act is still questionable.
Personally, I'd be just as sick to my stomach about this as you are. Missing a deadline is one thing, but a glorified cover-up, (which is how I'd define this), is another entirely.
If no harm was done, the partner was right. You’re a junior so you don’t know this yet, but very few deadlines in litigation are actually hard deadlines. If missing deadlines becomes a pattern with this partner, especially big ones set by the court, then you might consider carefully broaching it with a mentor. But the single instance you mention does not sound like a problem, just you being anxious from inexperience.
Sounds like no big deal, let it go
Rising Star
I’m getting ick from this for different reasons than other responders. A missed deadline, even one that is not a big deal (which as others have pointed out is really a context question), is still a potential malpractice claim. I see it as therefore being a partner level issue. I’m not sure why the partner has pushed it down to the associate to communicate to the client on this, especially since I agree that there is a duty to disclose that the deadline was missed. Seems like a place where they leave associates to sink or swim on their own, and potentially throw them under the bus as needed.
Pro
Agreed that the partner should have handled the disclosure.
If the behavior becomes a pattern, it’s worth documenting or discreetly seeking advice from a mentor.
Missed deadlines are a significant source of ethics and malpractice claims.
I would check my state’s ethics regulations for guidance on how to handle this.
I would probably document the chronology of what happened and the instructions—for my own files, in case the client files a claim.
I mean I think misleading the client is the bigger issue here…that’s a massive red flag
Unfortunately, you will deal with such incompetence often.
First rule of thumb with any deadline misses is that you need to communicate this to your client. Until you do you are on the hook for malpractice forever. Second the moment you let the client know you start to run the clock on them coming after you. At the end of one year in most jurisdictions you are free and clear forever. Run the statute of limitations on your client as soon as possible. This is a deliberate provision to encourage attorneys to fess up. Most misses can be fixed if you fess up quickly.
Third, I have in the past documented everything in the firms document management system and in my personal files. When it comes time for the bar to act, they may let you off with a slap on the wrist, if you document and can prove you did the best in difficult circumstances.
Finally do note that if the violation rises to a breach of a statutory duty imposed on you/client or can lead to serious complications for the client your duty is to bypass your firm/partner and do what needs to be done. Been there and quit the firm and documented the issue as part of my resignation.
Does not help with your immediate career but always worth it in my books. Your license is your responsibility. You can always go back up and get a job. Maybe it will lead to some financial loss in the short term. You will recover.
At the end of the day I would rather zealously represent the client and be unemployed for a short while than be employed and putting my license at risk.
Last but not the least call your bar ethics helpline. They may not help but can point you to the right ethics violations you may not have considered.
Good luck.
Yeah that’s a good point. A good partner will give the associate credit when things go right and will take blame when things go wrong.
Aren’t you response for deadlines as a junior?
Good question. The answer lies in the ethics opinions. You will often find the junior attorney is given a $5k or a $10k fine when all is said and done. There is no get out of jail free card because you are “junior.” You should exercise independent judgment. More to the point in CA the rules are so extreme now. Your annual reporting all but makes every single attorney liable if the partner/anyone messes up. Short answer in most jurisdictions most cases expect at least a small fine.
This depends. From what you described if no harm was done then I agree with the partner that there’s no point of alarming the client. But if you missed something important that prejudices and he’s asking you to lie about it then that would probably be something to worry about. But if he was trying to do a coverup of a huge issue he probably wouldn’t have included you in the call.