On more than one occasion, I’ve found myself consulting with a lawyer and have asked, “How many open files do you have right now?” The lawyer looks at me, confusion spreading over his or her face, and says, “What do you mean by ‘open’?” I say, “I mean open, like something you’re working on…a file with unresolved issues that need addressing before you can close the file.”

The confused look is caused by the lawyer having absolutely no idea how many open files he or she has. The lawyer has files—lots of files. Some of them have unresolved issues, and some of them are completely finished. It hasn’t occurred to the lawyer to segregate active files from closed files.

The lawyer doesn’t know which files are open and which files are closed.

The lawyer’s system—if you can call it that—is to respond to client demands. When a client calls and asks when something is going to happen, the lawyer puts the item on the list of things that need doing.

These lawyers treat all files equally. There isn’t a proactive approach to moving the file from start to finish. It’s all client driven. The squeaky wheel gets greased. If a client doesn’t raise a stink, his or her file may languish for years.

Bad, bad plan. Unacceptable. It’s malpractice waiting to happen. The client is becoming unhappy. This is no way to run a rodeo.

You need a list of your open client files. You need to review it each week. You should know which files are open and which are closed. You should notate on that list the date of your last client contact, and you should be striving to move every file forward toward closing. Most importantly, you should know whether that list is getting longer or shorter.

We keep a list of every open file in our firm. We update the list on Friday by 3 PM and discuss it in a meeting at 9 AM on Monday. We know how many days the file has been open, and we know when we expect to close it. We predict the file closing date and we push hard as that date approaches. We know how many files each and every lawyer is handling and whether they’re keeping the list under control. Everyone in the firm knows how many open files we have—always.

You’ve got to keep a list of all of your open files. It’s an essential element of creating happy clients. Open files, close files, that’s the drill. The less time between open and close, the happier your clients will be.

Put together your list, maintain it weekly, and you’ll be able to answer the open files question. You’ll also know that your practice is under control. A good list makes for happy clients and happy lawyers. What more could you ask for?