New year's resolutions are cliché. They are also largely ineffectual at changing unproductive behavior since they are often abandoned before Groundhog Day. Nonetheless, that does not stop people from making them and it should never be an excuse for not at least trying to improve one's life. The need or even the obligation to replace bad habits with good ones is all the more necessary in the practice of law, especially in a high-volume, fast-paced practice like workers' compensation.

In focusing on suggested resolutions for the practice of workers' compensation, it quickly becomes apparent that some resolutions are timeless. While some of the suggestions below have been addressed in this space in the past, they still pose the same challenges now as then, and bear repeating.

Be prepared for mediation: Given the rather informal nature of mediation in the workers' compensation practice, the temptation exists to “wing it” in a mediation, to varying degrees, especially if a case is not anticipated to settle or if the litigants are experienced. That temptation should be resisted. Starting with preparing the Mediation Disclosure Memo, which should be uploaded at least 10 days in advance of the mediation, in most cases, a thoughtful preparation should take place, prior to every mediation, as if it were trial. Both the judge and your client will be appreciative. Related to being prepared is the need to actually obtain at least initial authority prior to the mediation. There is little point to a mediation without settlement authority.

Submit all briefs in a timely manner: I am sure many attorneys are aghast at the inclusion of this resolution, and in the first spot, no less, as they would never consider filing a brief late. However, for the rest of the bar, it should be stressed that a workers' compensation briefing schedule is no less a time deadline than any other of the countless deadlines in the legal practice. Especially since the normalization of WCAIS, where an extension of the briefing schedule can be requested (and almost always granted) with the click of a button, submitting timely briefs is a must and is common courtesy to the judge and one's opponent. Since cases do not generally go into “waiting for decision” status until both briefs are in, the length of time needed for a decision suffers. The length of the case, in turn, is one of the biggest complaints that litigants in the workers' compensation system have.

Avoid being late for hearings and depositions or at least call ahead: Again, this seems rather obvious. However, as anyone who has had to wait an hour or more for opposing counsel with no advance word, this can be frustrating. Certainly, given that an attorney could be handling hearings in three different venues on any given morning, most workers' compensation practitioners and judges are understanding. Nonetheless, it should not be expected that everyone will be so tolerant of frequent tardiness.

Return phone calls—timely: Both clients and colleagues hate being ignored. Nothing screams that you are too important to deal with others than an unreturned phone call. While, of course, there are good faith exceptions and times where it is truly impossible to return a call timely, one's ability or willingness to return a call is often perceived as a microcosm of their entire practice and attitude—justified or not. Communication is they key to all relationships. The goal should be engaging those who reach out to you, especially when you would rather not.

Join the Philadelphia Bar Association's workers' compensation section: It is not an overstatement to say that the lifeblood of the five-county workers' compensation practice runs through the Philadelphia Bar Association's workers' compensation section. If you are not a member of the bar association, become one. If you are already a member, then be sure to join the workers' compensation section. If you are a member of both, then become active in the section—whether it be attending the monthly CLEs, joining your colleagues at one of the holiday receptions or coming to hear a top-shelf speaker at the annual awards luncheon. The benefits of bar and section membership are numerous. Joining should be on anyone's list of resolutions.

Think pro bono: Since workers' compensation is a contingency practice, one does not often think in terms of pro bono. By very definition, most client's become indigent very quickly, once they lose their income. However, the opportunity to take a case with no prospect of a fee is just as frequent in the workers' compensation practice as elsewhere. The issue is access to justice. How often are you presented with a case merely to recover medical bills? How about a case that has a very slim chance of success? You may be the only attorney willing to take on the matter, knowing the prospect of a fee is slim or nonexistent. Perhaps it is time to start taking cases once thought unprofitable. After all, it is “for the public good.”

While there are countless other resolutions one can make, the modest ones listed above are a good start. Either way, change something for the better. Those who aim for nothing, invariably hit their target. Happy New Year!

Christian Petrucci, of the Law Offices of Christian Petrucci, concentrates his practice in the areas of workers' compensation and Social Security disability. He also counsels injured workers in matters involving employment discrimination and unemployment compensation benefits.