Elec 4 OFM4 Module 1. Legal Office Procedures
Elec 4 OFM4 Module 1. Legal Office Procedures
Elec 4 OFM4 Module 1. Legal Office Procedures
MODULE 1.
PREPARED BY
II. Introduction:
The practice of law is diverse. The attorneys are the ultimately
responsible of many activities and outcome of a case but legal assistants are
involved in many aspects of it. Legal assistants frequently gather information
through interviewing clients and witnesses. They do research and analyze the
case. They do the draft documents, make calculations, develop forms and
procedures, monitor legislation, maintain the law library and supervise clerical
staff.
III. Overview
Who can be qualified to be members of the legal team? What are the duties
and responsibilities of the members of the legal team? These are some of the
questions we are going to answer after studying this lesson.
IV. Objectives: After studying this lesson, you are expected to be able to:
1. identify the members of the legal team
2. Discuss the titles and duties of each member of the legal team
V. Pre-Test
Define the following. (5 points each)
1. Law office.
2. Attorney
3. Legal counsel
VI. LESSON 1. The Legal Team
Many people make up the legal team. It is consists of attorneys,
administrators, law clerks, librarians, legal assistants, secretaries, clerks and
other third parties. Each of them have different tasks and duties to perform.
Attorney
Attorney Counsel clients regarding their legal rights, represent clients in
litigation and negotiate agreements between clients and others. Depending on
the size of the law office, attorneys may also have administrative duties.
Partner/Shareholder
A partner or a shareholder is an owner in a private law practice and
shares in its profits and losses. In the partnership form of business, an owner
of the business is called a partner. In the corporate form of business an owner
is called a shareholder.
Associate Attorneys
An Associate attorney does not leave an ownership interest in the law
firm and does not share in the profits. The associate is only an employee of
the firm who receives a salary and has no vote regarding management
decisions. Associates can be hired directly out of law school or come from
other firms.
Of Counsel
The “Of Counsel” position is a flexible concept but generally means
that the attorney is affiliated with the firm in some way, such as retired or
semiretired partner. Of Counsel attorneys lend their names to firms for
goodwill and prestige purposes to attract additional clients and business the
firm.
Administrators
They are usually found in medium and large firms, although they are
beginning to be in small firms as well. Law office administrators are
responsible for some type of law office administrative system such as general
management, finance and accounting, human resources, marketing or
computer systems.
Legal Assistants
A Law Clerks
- Is usually a student who works for a law firm on a part time basis while he or
she is finishing a law degree. Law clerk duties revolve around legal research
and writing almost exclusively. Law clerks perform legal research, write legal
briefs and motions and prepare memorandums of law.
Law Librarian
- Is responsible for maintaining a law library. Maintenance includes purchasing
new books and peridoicals, calssifying storing and indexing books updating
the holdings and coordinating computer assisted legal research. .
Secretaries
- Provide assistance and support to other law office staff by taking dictation
performing typing and filing functions and aiding in scheduling of
appointments.
Clerks
- Provide support to other staff positions in a variety of miscellaneous functions.
Law offices may have a wide variety of clerks, including mail clerks, copy
clerks, file clerks, calendar clerks and billing clerks. Much of their work
involves data entry and physically handling files and documents.
VII. Assessment
https://www.legal-office.ph.com
https://www.legal-office-personell.ph.com
Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City
II. Introduction
III. Overview
All about the salary rates and benefits of the legal office
personnel or assistants will be discussed in this lesson. Then, you will learn
also the types of law office structures in the Philippines.
IV. Objectives
V. Pre-test
1. Do you have any idea of the difference between Private Law Office
and Public/Government Law Office?
Higher pay for legal assistants who work in large law offices as opposed to
small law offices;
Higher pay for legal assistants in cities than in rural areas;
Higher salaries for legal assistants employed by large private law offices as
opposed to government civil service positions; and
Higher salaries for legal assistants who are career oriented and willing to
make a long term commitment to legal assistant work.
Types of Law Practice
II. Introduction
III. Overview
V. Pre-test.
A lawyer has the duty, in all dealings and relations with a client, to act with
honesty, good faith, fairness, integrity, and fidelity. A lawyer must possess the
legal skill and knowledge that is ordinarily possessed by members of the
profession.
Unauthorized Practice
The word 'practice' on the other hand, refers to "exercise or pursue as a
profession, art or occupation". He or she therefore calls his or her work,
their practice - in the same way a lawyer would name his or her profession,
their practice is law.
Ethical Boundaries
-standard of conduct that the members of a certain organization and business
should apply in their work relationships.
Upholding of ethics and boundaries in the workplace provides a
comfortable working environment that boosts productivity. Boundaries enable
employees to know what is wrong and right in the workplace and to know their
workplace rights.
Communication with Clients
Effective communication with clients isn’t something that most lawyers
give much thought. And this trend starts in law school, where the focus tends
to be on substantive law and legal theory. If communication is even
mentioned, it’s in the context of oral argument to the court or written memos of
law. The importance of clear communication with clients isn’t often discussed
and the techniques for doing so are rarely fodder for classroom discussion.
VII. Assessment
II. Introduction
In this lesson the following will be discussed: the staff manuals for law
office, total quality management or the TQM of law office, the marketing of law
office and the planning in law office.
III. Overview
This part of the lesson covers the law firm mission statement or
objective, legal requirements and protections for all employees, acceptable
behavior for all employees, and law office procedures and management about
which all staff need to be aware.
IV. Objectives
After studying this lesson, you are expected to be able to:
1. discuss what a staff manual is and why it is important, and
2. differentiate between policy and a procedures,
V. Pre-Test
Essay (5 points each)
1. Describe the features in a staff manual?
2. Give the importance of policies and procedures in a company?
VI. Lesson 4. Staff Manual
Law office staff manual – where you can find the law firm mission
statement or objective, legal requirements and protections for all employees,
acceptable behavior for all employees, and law office procedures and
management about which all staff need to be aware.
Firm Objective
Further objectives of the firm are:
To have a well-organized, well-managed, productive law firm that can
make a profitable contribution to our clients and to the legal system;
To provide a work product that is timely, accurate, and of value to our
clients;
To be fair, honest, and ethical in all dealings with our clients,
employees, court personnel, opposing counsel, and vendors;
To be always in pursuit of new procedures and products designed to
benefit the firm, our employees, and our clients; and
To do everything in our power to make this firm a good place in which
to work and an asset to both our social and legal communities.
The Law
Disability Policy
This policy applies to new applicants as well as employees of the firm.
In addition, the firm will not discriminate against any qualified employees or
applicants who may be perceived to have a disability or who are related to or
associated with a person with a disability or a perceived disability.
Disciplinary Action
In the event a problem arises with an employee of the firm, the partners
with regard to the problem and the requested correction shall first counsel
such employee verbally in closed session, with a follow-up review at some
time certain in the immediate future.
Employment at Will
Employment with the company is voluntarily entered into, and the
employee is free to terminate his/her employment at will at any time, with or
without cause. Similarly, the firm may terminate the employment relationship
at will at any time, with or without notice or cause.
Employee Benefits:
Life/Medical Insurance
Pension Plan
Price Club
Profit-Sharing Plan
Workers’ Compensation
Harassment Policy
Complaints of harassment will be fully and promptly investigated. Any
lawyer or other staff member who has been found by the firm to have
harassed another employee or individual will be subject to appropriate
disciplinary action, up to and including termination or discharge from the firm.
The complainant will be informed of the completion of the investigation and of
remedial actions taken.
The following is a list of rules and warnings for their use. The office
computers and the software and Internet access are for business purposes
only. No staff member is to use this equipment for personal communications
or for game playing. The Internet is for business use only and may not be
used for personal matters without prior permission of management. The
Internet is not to be used at all for non-business use during business hours.
E-mail is for business use only and not for personal matters without
prior permission of management. E-mail is not to be used for non-
business communications during business hours.
Pornography: Viewing of pornographic materials on the computer,
whether over the Internet or through e-mail or any other means, is
expressly and completely forbidden.
Under no circumstances should anyone receive or review or send e-
mail with pornographic, off color, or immoral material. Do not forward
jokes, funny stories, or other material to others where such material is
not related to a case the firm is working on.
VII. Assessment
Essay (5 points each)
1. Give the important parts of staff manual and explain.
2. Give more examples of employees’ benefits which is not mention in the
lesson.
II. Introduction
Every business should set standards on the services and
performances of their manpower – coming in the TQM, the Total quality
management. While in winning many customers or clients, the firm should
have a strong marketing strategies. Lastly, to achieve the firm’s goal, the best
tool is to have a good planning.
III. Overview
In this lesson – the benefits of total quality management, various
marketing options and planning in legal office will be discussed.
IV. Objectives
After studying this lesson, you are expected to be able to:
1. discuss total quality management philosophies,
2. explain marketing and various marketing options that are available, and
3. realize the importance of planning.
V. Pre-test
Define the following:
1. Total quality management
2. marketing
3. planning
VI. Activity
Watch video on Marketing Legal Services Offerings
https://www.marketing-legal-services.ph.com
https://www.lexmeet.com
Title: Talk to Lawyers Online – Convenient and Affordable
VII. Assessment
Essay (5 points each)
1. What is your standards when it to legal service? What is your
expectations about legal service?
2. What do you think is the best marketing strategy for legal services and
Why?
VIII. References
•J. Morton, 2015 Legal Office Procedures 7th Edition
•Gilmore, 2015 Legal Office Projects
•J. Long, 2015 Office Procedures for the Legal Professionals
•Bate, 2015 Legal Office Procedures
•P. Everett, 2015 Fundamentals of Law Office Management
Supplementary Links
https://www.total-quality-management.ph.com
https://www.legal-office-marketing.ph.com
Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City
II. Introduction
Law schools focus on teaching the law and legal theory.
Communication skills covered in law schools tend to revolve around the
arguments and persuasion necessary in the courtroom. However,
communication skills that occur outside of the courtroom are much more
plentiful and, sometimes, more critical to a lawyer’s practice. If you are
thinking of becoming a lawyer, these four, first-rate communication skills will
be an effective tool in your repertoire.
III. Overview
Communication between lawyers and clients is of great importance.
When clients do complain it is more often about poor communication or lack
of courtesy than about the technical aspects of legal work. This fact sheet
provides guidance on how to communicate effectively with your client.
IV. Objectives
After studying this lesson, you will be able to:
1. Communicate with clients in law firms,
2. Communicate with employees in legal office, and
3. have a good communication skills to inquiries in legal office.
V. Pre-test
Essay. (5 points each)
1. What are the basic elements of communication?
2. Why good communications skill is so important?
VI. Activity
Let us play a game – spelling bee.
- This will enhance your communication skill and also improve your
vocabulary.
Be open with your client and explain things thoroughly. Ask more
questions to make sure your explanations are understood. Pay attention to
both verbal and non-verbal language to determine understanding. If you think
there is doubt, go over it again. Understand that when clients are in an
emotional state, it is more difficult for them to understand complex
information.
Clients hire lawyers because they have a rapport with them. Be honest
and give your client all the knowledge and help that you can. Give her a
reason to trust you.
Don’t give her unrealistic expectations. If things don’t turn out the way
she had hoped, discuss with her what else, if anything can be done. End the
relationship kindly, making your client understands that she can come back if
she ever has need of your services again. Building relationships is how you
build a business.
3. Know Which Role to Play and When
For someone going through a divorce, for example, neutral legal advice
may not be what she needs. She may need someone who can help her to
navigate both the emotional and legal processes of a divorce. Cold, legal talk
can make you come off as uncaring, which may make her choose another
lawyer.
Your client is paying for your time, so give him all of your attention.
Have your receptionist hold your calls. Meet in a place that is quiet enough to
talk privately. Make sure you have everything you need with you so you won’t
have to leave the meeting room to get additional materials. Allow the client’s
time to be a period in which the focus is on him.
3. Good Listening
4. Curiosity
Since most lawyers bill their time, it is critical that their time spent
communicating be valuable. Be sure that what you have taken the time to say
has value to the person with whom you are communicating. Be sure that your
message is clear, succinct and understood.
Consider the result you want to get out of the conversation, and the
value of that result. Then, plan what you are going to say. If possible,
rehearse out loud; having a script can also be helpful.
1. Open Meeting
It is easier to communicate your passion and how you feel to your team
via open meetings. In this kind of forum, they will not only hear what you are
saying, they will also see and feel it. This approach still remains one of the
best approaches to communicate effectively with a team.
One word can mean a different thing when said in a different tone of
voice. Make sure you use the appropriate tone of voice to communicate your
message to your team so that you won’t be misunderstood and discourage or
demotivate members or cause them to shut down completely out of fear.
3. Use Simple Words
5. Emails
The Law Firm uses e-mail to correspond with clients who prefer to use
e-mail. Someone from the firm will respond to all e-mails within 24 hours.
However, we may not be able to answer your question within those 24 hours,
especially if it requires some research. For those matters not billed as flat
fees, all e-mails will be billed the same as phone calls. Email is checked twice
each day, once at the beginning of the day, and once at the end of the day.
Email and fax communications are treated with no more urgency than other
communication methods. Law Firm will not send any confidential information
via e-mail. Although every effort is made to ensure electronic privacy, we
suggest that clients not send any questions that may be sensitive or
confidential via e-mail.
VIII. Assessment
Essay (5 points each – minimum of 100 words for each answer)
1. Explain which do you think is the best tip for an effective
communication to clients?
IX. References
•J. Morton, 2015 Legal Office Procedures 7th Edition
•Gilmore, 2015 Legal Office Projects
•J. Long, 2015 Office Procedures for the Legal Professionals
•Bate, 2015 Legal Office Procedures
•P. Everett, 2015 Fundamentals of Law Office Management
Supplementary Links
https://www.communication-in-law-office.ph.com
https://www.tips-on-good-communication.ph.com
https://www.english-communication.ph.com
Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City
II. Introduction
One of the motivation to work hard and perform at your best is the
equivalent compensation or payment for the job well done. This is where you
need to know the source or the computation of such compensation.
Timekeeping refers to which require employers to keep records of hours
worked, wages paid, and other conditions of employment.
III. Overview
IV. Objectives
V. Pre-Test
Essay.
Responsibility
Profitability
Productivity
https://www.timekeeping-in-legal-office.ph.com
https://www.law-office-payroll-system.ph.com
Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City
II. Introduction
This aspect in legal office is called major types of legal fee
agreements. Here you will know, how billing statements are being process
and what it entails. Ultimately, we must all remember that an attorney is a
service provider. An attorney makes a living by providing information, advice,
guidance, administrative support, and by acting on behalf of (as an agent for )
a client.
III. Overview
IV. Objectives
V. Pre-Test
Essay
Electronic billing
Post billing
The type of legal fee arrangement that you make with your lawyer will
have a significant impact on how much you will pay for the services.
There are several common types of legal fee arrangements used by lawyers:
Consultation Fee:
The lawyer may charge a fixed or hourly fee for your first meeting
where you both determine whether the lawyer can assist you. Be sure to
check whether you will be charged for this initial meeting.
Hourly
Hourly billing is the most common billing structure. You can log your
time in Clio, and calculations are performed for you based on the rate you set
for that activity on how much you are charging for the time spent.
Flat Rate
Flat Rate billing is also easy to set up in Clio. With this fee structure
you are charging one rate for all of the work performed on the matter.
Contingency Fee
Retainer Fees :
Statutory Fee:
VII. Assessment
https://www.billing-in-legal-office.ph.com
https://www.law-office-payroll-system.ph.com
Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City
II. Introduction
A system used by attorneys to alert them to upcoming filing deadlines
and statutes of limitations on specific legal actions, motions, and cases. Use
of docket control systems is a critical tool in preventing professional liability
claims from being made against attorneys. This is because studies have
shown that a significant percentage of claims involve losses caused by the
failure to meet filing and statutory deadlines for various types of legal actions.
III. Overview
IV. Objectives
Essay.
2. Are you familiar with docket and what is the use of docket control system in
legal office?
Docket
-A docket is a list of every case before a court. A docket sheet is the record in
which a court clerk notes a case’s number, the names of the parties involved,
and all the proceedings and filings in a case.
Calendaring
Docket control
Docket Entry
What is on a docket?
Calendar
- time-consuming
Card System
1. Docket
3. Perpetual calendar
4. Card System
5. Case management