CHAPTER 2: The Lawyer and the Legal Secretary PDF

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES CHAPTER 2: THE LAWYER AND THE LEGAL SECRETARY A Written Report Presented to the Faculty of the College of Business Administration Department of Office Administration Polytechni...

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES CHAPTER 2: THE LAWYER AND THE LEGAL SECRETARY A Written Report Presented to the Faculty of the College of Business Administration Department of Office Administration Polytechnic University of the Philippines Sta. Mesa Manila In Partial Fulfilment of the Requirements for Legal Office Procedures (OFAD 351) By: Aundrea A. Inosante Minerva V. Mendioro Rhoda Jennel G. Mirabueno BSOA-LOA 3-3D (October 2024)  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES TABLE OF CONTENTS THE LAWYER AND THE LEGAL SECRETARY............................................................. 1 OVERVIEW................................................................................................................ 1 THE LAWYER............................................................................................................ 1 Definition of a Lawyer............................................................................................. 1 Main Duties of a Lawyer.......................................................................................... 1 Qualifications of a Lawyer....................................................................................... 2 LAWYERS IN DIFFERENT SIZES OF LAW FIRMS....................................................... 2 1. Small Law Firms..................................................................................................... 3 2. Medium Law Firms................................................................................................. 4 3. Large Law Firms..................................................................................................... 5 THE LEGAL SECRETARY............................................................................................. 6 Definition of a Legal Secretary.................................................................................... 6 FUNCTIONS AND QUALIFICATIONS OF A LEGAL SECRETARY................................ 7 What does a Legal Secretary do?............................................................................... 7 The Large Firm....................................................................................................... 8 The Medium-sized Firm.......................................................................................... 9 The Small Firm....................................................................................................... 9 How to perform Legal Secretary's Duties?................................................................ 10 LEGAL TERMINOLOGY AND DOCUMENT................................................................. 10 Basic Legal Terms................................................................................................. 10 Contractual Language............................................................................................11 Litigation Terms......................................................................................................11 Criminal Law..........................................................................................................11 THE LEGAL SECRETARY’S CODE OF ETHICS......................................................... 13 Workplace of a Legal Secretary................................................................................... 15 LEARNING ACTIVITY (SHORT QUIZ): MODIFIED TRUE OR FALSE......................... 16 REFERENCES............................................................................................................ 17  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES THE LAWYER AND THE LEGAL SECRETARY OVERVIEW The law is a set of rules and regulations that govern human behavior within a society. It serves as a framework for maintaining order, justice, and equality. Laws are created and enforced by governmental bodies to protect individual rights, resolve disputes, and promote the general welfare of the community. THE LAWYER Definition of a Lawyer A lawyer, also known as an attorney-at-law, is a professional trained in law who provides legal advice and representation. They are experts in interpreting and applying legal principles to various situations. Lawyers play a crucial role in the legal system, advocating for their clients' interests and ensuring that the law is upheld. Main Duties of a Lawyer A lawyer has two main duties. These are: 1. To defend the law while protecting a client’s rights. advise and represent the clients, conduct research on legal issues, interpret the law, and present facts/evidence. 2. To be knowledgeable and have the skills in understanding how the law works. Importantly, to be an effective communicator. 1  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Qualifications of a Lawyer To become a lawyer, individuals typically need to complete the following steps: 1. Undergraduate Degree: Obtain a bachelor's degree, often in a field like law, political science, English, or history. 2. Law School: Graduate from a law school. 3. Bar Apprenticeship: In preparation to upcoming Bar exam. 4. Bar Exam: Take and pass the bar exam in the jurisdiction where they intend to practice law. This exam tests knowledge of legal principles and procedures. 5. Oath Taking: It marks the transition from law student to practicing attorney and signifies the lawyer's acceptance of the responsibilities and privileges associated with the legal profession. 6. License: Upon taking the oath, the candidate becomes a licensed attorney. This license grants them the authority to practice law within a specific jurisdiction. Note: While the specific requirements may vary slightly from jurisdiction to jurisdiction, this general sequence is common in many countries. Additionally, some jurisdictions may require a period of legal apprenticeship or clerkship before a newly licensed attorney can practice independently. LAWYERS IN DIFFERENT SIZES OF LAW FIRMS The type of law firm a lawyer chooses can significantly impact their career trajectory. Here's a breakdown of the key differences between lawyers in small, medium, and large law firms, considering factors such as number of lawyers, roles, requirements, experience, salary, and pros and cons. 2  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES 1. Small Law Firms Number of Lawyers: Typically, small law firms have fewer than 20 lawyers. Roles: Lawyers in small firms often wear multiple hats, handling diverse legal matters from start to finish. This includes client consultations, legal research, drafting documents, negotiations, and court appearances. Requirements: Juris Doctor (JD) degree from an accredited law school State bar admission Strong research and writing skills Excellent communication and interpersonal skills Experience: Often requires 1-5 years of experience but may vary based on the firm's specific needs. Salary: Salaries in small firms are generally lower than those in larger firms, but they can vary based on experience, location, and the firm's specialization. Pros: Diverse Experience: Lawyers gain exposure to a wide range of legal issues. Direct Client Interaction: They have more direct contact with clients, fostering stronger relationships. Autonomy: They often have more autonomy in decision-making and work assignments. Cons: Workload: The diverse workload can be demanding, leading to longer hours and potential burnout. Limited Resources: Small firms may have limited resources, such as support staff and advanced technology. 3  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Fewer Opportunities for Specialization: Lawyers may not have the opportunity to specialize in a particular area of law. 2. Medium Law Firms Number of Lawyers: Medium law firms typically have 20-100 lawyers. Roles: Lawyers in medium firms often specialize in specific practice areas, such as corporate law, real estate, or litigation. They may also handle a variety of legal matters, but with a more focused approach. Requirements: Juris Doctor (JD) degree from an accredited law school State bar admission Strong research and writing skills Excellent communication and interpersonal skills Specialized knowledge in a particular area of law (often required for more senior positions) Experience: Often requires 3-7 years of experience but may vary based on the firm's specific needs and the complexity of the work. Salary: Salaries in medium firms are generally higher than those in small firms, but still lower than those in large firms. Compensation often depends on experience, specialization, and the firm's profitability. Pros: Specialization: Lawyers can focus on their areas of interest and expertise. Increased Resources: Medium firms have more resources, including support staff, advanced technology, and marketing budgets. 4  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Career Advancement: Opportunities for partnership and leadership roles may be more accessible. Cons: Less Autonomy: Lawyers may have less autonomy in decision-making compared to small firms. Increased Pressure: The pressure to meet billable hour requirements and client expectations can be significant. Less Direct Client Interaction: As firms grow, lawyers may have less direct contact with clients. 3. Large Law Firms Number of Lawyers: Large law firms typically have 100 or more lawyers. Roles: Lawyers in large firms often specialize in specific practice areas and work on complex legal matters. They may handle high-stakes litigation, mergers and acquisitions, or intellectual property disputes. Requirements: Juris Doctor (JD) degree from a top-tier law school State bar admission Strong research and writing skills Excellent communication and interpersonal skills Specialized knowledge in a particular area of law Often requires clerkship experience or a prestigious law review position Experience: Often requires 5-10 years of experience, but may vary based on the firm's specific needs and the complexity of the work. Salary: Salaries in large firms are generally the highest, with significant bonuses and partnership opportunities for top performers. 5  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Pros: High-Profile Cases: Lawyers can work on prestigious and high-profile cases. Extensive Resources: Large firms have access to top-tier technology, research tools, and support staff. Mentorship and Training: Lawyers benefit from mentorship and training programs. Cons: Intense Competition: Competition for promotions and partnership is fierce. Long Hours: Lawyers often work long hours, including weekends and late nights. Bureaucracy: Large firms can be bureaucratic, with complex hierarchies and rigid procedures. THE LEGAL SECRETARY Behind a successful lawyer, there is a great and competent legal secretary. Legal secretaries play a pivotal role in the legal profession, serving as the backbone of many law firms. They provide indispensable administrative and clerical support to attorneys, ensuring the smooth and efficient operation of legal practices. Definition of a Legal Secretary A legal secretary is a skilled professional who provides essential administrative, clerical, and legal support to attorneys and law firms. Their role involves a deep understanding of legal terminology, procedures, and ethical standards, enabling them to assist attorneys in various legal tasks. Beyond traditional secretarial duties, legal secretaries often engage in research, document 6  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES preparation, and client communication, contributing significantly to the efficient and effective operation of law firms. Legal secretaries: requires extensive knowledge of legal proceedings and documentation. make appointments, prepare documentation, send important correspondence, file, keep track of ongoing correspondence and paperwork, and deal with clients daily. some also act as paralegals. FUNCTIONS AND QUALIFICATIONS OF A LEGAL SECRETARY What does a Legal Secretary do? In this kind of field, it is not uncommon for those secretaries whose skilled, most experienced, and high performing legal secretaries to be promoted to paralegal positions within a law firm. The role of Legal Secretary is to support the lawyers and paralegals in a law office or organization. The majority of them have direct interactions with legal counsels, courtroom staff, employees, clients, and even those witnesses and business vendors. Also, as a legal secretary, they tend to have specialized skills, like various computer programs, because they are responsible to do a job like traditional secretarial jobs where they can answer phone calls, messages, create detailed spreadsheets, presentation, and even prepare those law documents. 7  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Legal secretaries also interact with all kinds of people on a regular basis. This kind of communication involves face-to-face, phone, email, and even video conferencing with their clients, lawyers, paralegals, opposing counsel, city officials, and many more. They are also responsible for a great deal of writing, where they often prepare those first drafts of correspondence or memos, proofread legal documents, deal with project management, keep files in order, track those deadlines, set up appointments, or even maintain a detailed calendar. Both local and international have similarities when it comes to this field. In the Philippines, they attend and draft the minutes of the meeting, they issue calls for the commission, scheduling meetings, managing calendars, and even maintaining client's files and stored them. The Large Firm Large firms, as you might think, are quite busy all the time. Since their organizational structure is similar in nature of any large corporation, these types of firms typically have less flexibility with regard to dress code and working hours than other kinds of corporations. Excluding support workers, a large firm may employ anything from a couple hundred to several thousand attorneys. In this setting, legal secretaries may work exclusively for one lawyer or a number of associates, or they may float, and work as needed on any given day. You must have exceptional skills and, unless there are exceptional circumstances, one to several years of prior experience in order to work for this kind of company. You can anticipate being quite busy and making frequent trips to courthouses as needed. Additionally, you may occasionally be required to travel outside of your state or country. 8  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES A legal secretary also keeps calendars up to date, files paperwork, and drafts and prepares correspondence, court filings, and discovery. In addition, she has to make sure that all court documents are submitted on time and accurately, set up process service as necessary, and follow up with vendors to ensure that the paperwork was filed and served correctly. The Medium-sized Firm The number of lawyers in medium-sized legal firms might range from fifty to several hundred. These firms are just as busy as their larger counterparts and frequently provide many of the same services, but in a more intimate, smaller atmosphere. Many legal secretaries with moderate to high levels of expertise find that medium-size companies offer the best of both worlds since they provide prospects for growth and the opportunity to learn about various legal specializations, in addition to a number of incentives. You will be incredibly busy almost every day just like in a huge firm, but you will have a substantial supporting staff to assist you. The Small Firm A practice of this size could have as few as two lawyers or as many as forty or fifty. Although this ratio can change, most smaller organizations typically have three or four partners and five to ten staff. Newly graduated law students, inexperienced paralegals, and newcomer legal secretaries frequently begin their careers at these kinds of firms. You will probably be working for a single lawyer in a firm like this size who focuses on corporate law, real estate, family or divorce law, or tax law. Apart from taking phone calls, a legal secretary may also prepare documents that have been written by an attorney or transcribe documents that have been dictated by a lawyer. She might also draft basic legal paperwork and forms for an attorney to check thoroughly and finalize. 9  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Smaller firms are far less active on a daily basis than larger ones. As previously stated, for individuals with fundamental secretarial abilities who want to obtain legal experience, this is the most likely employment potential. You may easily turn a year of experience at a small firm into a choice job at a medium-sized or large firm if you study as much as you can and keep your eyes, ears, and mind open. Although smaller firms can be more tolerant of a lack of legal expertise, they however want you to have excellent typing, editing, proofreading, and computer abilities. How to perform Legal Secretary's Duties? Making sure that both you and the lawyer you work for are prepared will be your main responsibility as a legal secretary. There are several great tools for helping you accomplish this ultimate goal with a minimal amount of hassle. So how can we say that we are qualified to be a legal secretary in the near future if that is what we're planning to be? Legal secretaries need to be very disciplined, intelligent, friendly, and well- organized in order to consistently fulfill deadlines and be prepared most of the time. LEGAL TERMINOLOGY AND DOCUMENT Understanding legal terminology is crucial for legal secretaries but context is the key. Some legal terms can have different meanings and implications based on the type of document or area of law. Basic Legal Terms Subpoena: a court order requiring a witness to appear in court to testify. 10  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Contractual Language Breach of Contract: Failure to fulfill a contractual term without justification. Consideration: The benefit each party receives in a contract. In order to guarantee the validity and enforceability of a contract, consideration is essential. Litigation Terms Plaintiff vs. Defendant: The person bringing the case vs. the one being accused (defendant) Interrogatories: Written questions from one party to another, answered under oath. Knowing how to handle these is key to managing discovery and building a strong case; the gathering of information in preparation for trial Criminal Law Plea Bargain: An agreement between a defendant and prosecutor where the defendant pleads guilty to a lesser charge in exchange for leniency. Software programs The Legal Secretary must be aware when it comes to this matter because there are multiple organizational software products currently on the market. There are several programs where you can find words, spreadsheets, PowerPoints, email, calendar, and many more in just one program which is totally beneficial for us. (Ex. Outlook, Microsoft 365) People Skills Because secretaries need to deal with a lot of people on a daily basis, they must have the ability to put people at ease and make their clients feel welcome. One of the 11  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES easy ways to make this thing work is to greet them with a smile and throw them some casual questions like "how was your trip going here?" On the other side, this position can also encounter angry clients that may happen from time to time. That's why the Legal Secretary needs to be calm, controlled, and not to interact with their clients whatever happens. Let them finish what they're talking about, ask what we can do to make things better, or find someone who can help. Communication Skills As a legal secretary, you will communicate verbally and writing. So make sure that you improve in listening, speaking, and writing skills. Listening is as important as speaking and writing because if you're not a good listener, you can't give clear information to your lawyer that led to mistakes. Computer Skills Nowadays, almost every job requires computer skills due to the fast-paced nature of the digital world. As digital platforms become increasingly important and new technologies emerge, businesses are looking for candidates that have great computer abilities. You can accomplish jobs more quickly and effectively if you have computer abilities. You can become more productive and save time with its assistance. Legal secretaries need to work with their typing speed, those word processing software, navigations, and other computer skills because they are necessary in order to be proficient and to perform well in the field. Also, the ideal typing speed is 75 or higher with excellent accuracy. Proofreading or Editing Skills In many cases, you will be drafting letters yourself; however, more often, you will be typing correspondence that was transcribed into a recorder or taken via shorthand 12  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES from the attorney you work for. It is very important that you can spot errors and correct them before asking for a signature from your attorney to lessen the hassle in printing, submitting, or sending it out. Flexibility Sometimes, even the most planned-out things can fall apart with little or no warning. That's why legal secretaries must be flexible enough to deal with mistakes and uncertainties and able to act quickly and appropriately. Organizational Skills Legal Secretary also needs to be organized, pay attention to detail, and ensure all records are up to date and properly stored. This is to ensure that the office runs efficiently and smoothly to enable their Lawyers to focus on their clients' needs. THE LEGAL SECRETARY’S CODE OF ETHICS Understanding the ethical standards for maintaining a professional work environment is requisite for being a legal secretary. They must uphold ethical responsibilities and follow a code of ethics that governs their professional conduct and decision-making processes. General principles establish the professional standards that must be adhered to in the legal field. The Supreme Court of the Philippines has not issued a specific code of ethics for legal secretaries. However, as specified in the Code of Professional Responsibility and Accountability— the revised version of the Code of Conduct for 13  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Lawyers of 2001; every member of a legal office must adhere to the fundamental rules of legal ethics and professional behavior. These principles are: Integrity and honesty: Do not engage in unethical behavior, such as misrepresenting facts or falsifying documents. Confidentiality: Do not disclose any confidential information to unauthorized persons. Competence & Diligence: Do not neglect your duties or procrastinate. Fairness: Should not engage in any discriminatory or prejudicial behavior. Respect for the court: Adhere to the court's rules and procedures. The code of ethics of a legal secretary is identical in different international countries. According to the National Association for Legal Support Professionals, a US- based organization, and ABM College, a Canadian institution, legal secretaries are bound by the objectives and standards of legal professional conduct required. Because in the dynamic realm of law, ethical considerations are the bedrock upon which trust, professionalism, and integrity are built. Upholding Law and Justice: Encourage respect for the law and administration of justice Confidentiality: Observe rules governing privileged communications and confidential information Professional Development: Promote and exemplify high standards of loyalty, cooperation, and courtesy Maintaining Professional Boundaries: Recognize and respect established professional boundaries. 14  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Upholding Truthfulness and Integrity: Perform all duties of the profession with integrity and competence Workplace of a Legal Secretary Legal secretaries are primarily employed in law offices but can also work in government agencies, corporate legal departments, and public interest firms. Notably: Small, Medium, and Large Law offices Legal Departments of large companies Municipal, Federal, and Provincial Court Any government offices Their professionalism extends beyond stenography as they serve as executive assistants to their employers. It also extends to attire—with legal secretaries adhering to formal business attire, such as suits, blouses, dress shirts, ties, and appropriate footwear. The work environment can differ based on factors such as the workplace size, the nature of the legal cases they handle, and the technological tools employed for efficiency. In this office setting, legal secretaries are usually situated in cubicles or shared office spaces near other support staff and attorneys, maintaining a quiet, professional atmosphere. Accuracy and confidentiality are crucial, regardless of whether they work in a small law firm or a large legal department. 15  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES LEARNING ACTIVITY (SHORT QUIZ): MODIFIED TRUE OR FALSE Directions: On the space before the number, write TRUE if the statement is correct, and FALSE if the statement is incorrect. If the statement is FALSE, write the correct answer at the back of the paper. _______1. A future lawyer doesn’t need a bachelor’s degree if she/he COMPLETED A 3 YEARS IN LAW SCHOOL. _______2. A lawyer is licensed to practice law, and whose obligation is to uphold the law while protecting their client's rights. _______3. Most lawyers normally spend more time in an office, than in a courtroom. _______4. As a legal secretary, make sure you improve in listening and speaking skills. _______5. Most legal secretaries converse directly with lawyers, courtroom staff members, clients, witnesses, and even commercial vendors _______6. As a legal secretary, you need to have at least 50 or higher typing speed with excellent accuracy. _______7. Legal Secretaries are expected to uphold law and justice, encouraging respect for the law and administration of justice. _______8. According to the Supreme Court, the Code of Professional Accountability and Responsibility is the revised version of the 2001 Code of Conduct for lawyers. _______9. Legal Secretaries must adhere strictly to the accepted standards of legal ethics and the general principles of proper conduct. 16  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES REFERENCES CareerOneStop. (2018, January 4). Paralegals and legal assistants [Video]. YouTube. https://www.youtube.com/watch?v=ubHE0-Tjiwc Clio. (2023, May 10). Lawyer work-life balance: Finding harmony in a demanding profession. https://www.clio.com/blog/lawyer-work-life-balance/ Decoding the jargon: essential legal terminology for legal secretaries. (n.d.). ASAP. https://www.asaporg.com/decoding-the-jargon-essential-legal-terminology-for-legal- secretaries DLG Virginia Lawyers Advertising PLLC. (2022, April 22). Why small law firms make a big difference. https://www.linkedin.com/pulse/small-firm-big-impact-surprising-benefits- choosing-boutique-sheikh-iyvze Javier, R. G. & Polytechnic University of the Philippines. (2021). Instructional Materials for OALT 40013 Legal Office Procedure in College of Business Administration. Legal Secretary jobs in Philippines - Jora. (n.d.). https://ph.jora.com/Legal-Secretary- jobs-in-Philippines PipelineLive. (2010, August 20). Legal secretaries [Video]. YouTube. https://www.youtube.com/watch?v=6wPjhJv8xhA Rapid Legal. (n.d.). Law firms: Which size is right for you? https://rapidlegal.com/prices- and-deadlines/ Simplilearn. (2024, August 13). What are computer skills and their importance for your career in 2024? Simplilearn.com. https://www.simplilearn.com/computer-skills-and-their- importance-article WealthCounsel. (2022, April 6). One attorney, two hats: The joys (and challenges) of working at a small law firm. https://www.wealthcounsel.com/ 17