Technology run amok: Client left holding bag after key e-mail sits in lawyer’s junk folder

Well, the headline might be a bit dramatic, but it illuminates an important point. Namely, technology must be used in conjunction with good judgment and common sense, not as a stand-alone panacea.

Lawsuit filed, or was it?

Kevin Rollins, a Home Depot employee, injured himself while moving a bathtub for his employer. He filed a personal injury lawsuit. (Apparently, his employer is a nonsubscriber to workers’ compensation.)

In federal court, a lawyer needs to let the clerk’s office know whether it agrees to receive court documents via electronic transmission. It’s the common practice in all federal courts, including here in Texas, where the lawsuit was filed.

The parties agreed a request to dismiss the lawsuit had to be filed by May 11, 2020. Any responses had to be filed within 14 days of the request being entered. So far, so good.

Turns out, the request for dismissal was sent to Rollins’ lawyer via electronic transmission but ended up in a file designated as “other” (i.e., junk) and not in the regular e-mail file. Oops!

The 14 days came and went, and no one filed a response to Home Depot’s motion. So, the court thought, “OK, time to grant dismissal!” The court did so on May 27, and the dismissal order also ended up in Rollins’ lawyer’s junk folder.

The lawyer didn’t learn about the dismissal until later in June. How? He called up Home Depot’s counsel to see if a settlement could be reached and was essentially told, “I hate to break this to you, but the court tossed the claim!”

What’s the rule?