Conquering the too-hard basket

Most practitioners, at some stage in their career, have files that sit in the too-hard basket. Often, files are sidelined because the practitioner is uncertain how to proceed, and this uncertainty leads to delay.

Complicated legal questions, convoluted circumstances and intractable positions can overwhelm even seasoned professionals, making it difficult to see a clear path forward. Limited resources – whether it be time, staffing or specialised expertise – can put further pressure on the matter. Psychological issues may also play a role. A file might come with a challenging client ,ambiguous instructions, or there could just be a feeling of discomfort towards the matter.

It is not easy to have a tough conversation with a client, admit to the delay or commit to the extra effort or cost required to move the matter forward. But further delay compounds the problem. Avoidance can allow small issues to fester until they grow into significant problems.

A proactive, structured and disciplined approach is essential to prevent files from stagnating. The following strategies provide a step-by-step method to help even the most challenging files receive the attention they need.

1. Just pick it up
   The first and most important aspect of getting a file moving is making the decision to pick it up. Sometimes the hardest part is simply getting started. Instead of waiting for the perfect plan, take immediate action – even a small step makes a difference.
   Opening the file, jotting down a few initial thoughts or reaching out to a colleague can break the inertia. This “just pick it up” mentality is about overcoming hesitation. Once the task is started, momentum builds, making it easier to tackle the more challenging aspects of the case. In many situations, starting is all it takes to transform a stagnant file into an active matter.
2. Use action plans and incremental progress
   Now that the file is in hand, first decide which issues demand immediate action. After that, create clear, achievable milestones to ensure the file moves steadily forward, preventing it from slipping back into the too-hard basket. It is advisable to assign a timeline to each phase to monitor progress.
   This methodical approach turns an overwhelming file into a series of smaller tasks that are easier to complete.
3. Collaborate to share expertise
   No practitioner has complete expertise in every area of law. When a file presents issues outside a practitioner’s core strengths, seeking external help is a wise move. Whether that means consulting with a specialist, engaging external experts or briefing counsel, collaboration enhances problem-solving capacity. Leveraging the experience of colleagues or external counsel can assist to provide direction and clarity around the next steps to keep the matter moving.
   If the file continues to be a problem, transferring it to another practitioner with expertise will be better for you and the client.
4. Communicate
   Transparent communication is essential. Keep clients in the loop by discussing the status of the file and the steps being taken to move it forward. Open dialogue allows practitioners to adjust strategies as needed and builds trust by ensuring everyone is aligned. Clear, consistent communication helps prevent minor issues from escalating into major problems.
5. Identify and act
   Best practice dictates that files should not fall into the too-hard basket to begin with. To this end, regular file audits are crucial. Schedule routine file reviews to spot warning signs such as delays in progress, unclear instructions or unresolved complexities.

By catching issues early, a practitioner can intervene before a file becomes overwhelming. Whether it is through a practice management system or a manual check, early assessment lays the foundation for timely resolution.

Ignoring or delaying action on challenging files can lead to severe consequences. Inaction might result in missed deadlines, lost evidence or weakened legal positions – all of which can escalate into formal claims, financial losses and reputational damage. Clients who feel neglected are likely to lose confidence and may take their business elsewhere or make a formal complaint.

The key is to implement a straightforward plan as soon as possible.

Employ a system that encourages prompt action, clear prioritisation and open communication. By adopting a “just pick it up” attitude and following through with structured assessments, incremental progress and collaborative problem-solving, a practitioner can ensure that no file is left to languish.