Failure to Appear Policy

On occasion, due to unforeseen circumstances, a Docketly attorney may not be able to appear for a hearing they agreed to cover.

Whether it is due to illness, car troubles, etc, we are keenly aware that failing to appear (FTA) can lead to serious consequences.

As such, we take the issue of FTAs seriously and actively work to mitigate any negative outcomes.

We have put several proactive tools and checks in place to reduce FTA from occurring.

Our system uses two algorithms to predict when an FTA may occur based on a variety of factors, including the attorney's history and activity on our website. The algorithms are improving every day and we are continually bolstering our ability to make accurate predictions.

Docketly also utilizes a text messaging feature that allows us to reach a large number of attorneys and request confirmation of their plans to appear. 

Our expert coverage team calls attorneys who have not confirmed their appearance by the day before the hearing. Additionally, we have a dedicated Attorney Performance team that investigates each FTA and curates our network of best-in-class attorneys.

Our preventative measures often predict that an attorney may not be able to cover your hearing. In this circumstance, we will proactively contact you, before the hearing, to inform you of the potential risk. 

We may not be able to predict every car accident or cure the flu, but our goal is to eliminate every preventable FTA!

As soon as Docketly learns that the attorney will not be able to cover your hearing, our first step is to try and find an attorney who can pick up the hearing. 

Our expert Coverage team jumps into action, searching our network for an attorney who may be already in court, located nearby, or is willing to travel to cover the hearing.

If we are unable to secure other coverage, or if we discover the FTA after the fact, a member of our Customer Success team will contact you as quickly as possible to let you know the specifics of what occurred. 

If your firm has a specific procedure that you would like us to follow in the case of an FTA, or a specific person you would like us to contact, please submit a ticket and let us know your preference.

Once an FTA has been confirmed, our Attorney Performance team will investigate the situation, speak with all relevant parties and, if necessary,  penalize, suspend, or terminate the attorney. Once our Performance Team determines the cause of the FTA, you can expect a call from Docketly, advising you of the situation and circumstances. 

Please note: If an FTA occurs, you will not be charged—all relevant fees are either refunded or zeroed out.  

If an affidavit is required, please submit a service ticket and we will work with all relevant parties to obtain one.