Chapter 3-Group 3 (PDF)

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES CHAPTER 3: DUTIES OF 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....

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES CHAPTER 3: DUTIES OF 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 Fulfillment of the Requirements for OFAD 351 – Legal Office Procedures By Limpao, Injellah A. Manalo, Heriz Micah P. Marilla, Faith Anne Nicolle D. Monte, Jullian Kate A. April 2024 POLYTECHNIC UNIVERSITY OF THE PHILIPPINES  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES TABLE OF CONTENTS I. Handling Visitors and Telephone Calls in Legal Office A. Dealing with Visitors and Clients B. How to Handle Difficult Clients C. Phone Etiquette in Legal Office i. Incoming Calls ii. Outgoing Calls II. Handling Appointments and Reminders with Clients III. Develop Legal Office Calendars and Court Dockets IV. Prepare and Process Legal Documents V. Handling Mails, Fax, or Arrange Delivery of Legal Correspondence to Clients, Witnesses, and Court Officials VI. Handling Dictation and Transcription A. Dictation/Recording Methods B. Transcription Methods Reference  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES I. Handling Visitors and Telephone Calls in Legal Office In a legal office, effective handling of visitors and telephone calls is essential to maintain professionalism, confidentiality, and smooth operations. Legal professionals often deal with sensitive information and time-sensitive tasks, making it crucial to manage interactions with precision and discretion. Whether welcoming clients, interacting with third parties, or responding to phone inquiries, staff must exhibit excellent communication skills, a polite demeanor, and an understanding of legal protocols. Proper visitor management ensures a respectful atmosphere, while efficient telephone handling helps prioritize urgent matters and foster trust with clients. Together, these skills contribute to a well-organized legal environment that upholds the firm’s reputation and ensures client satisfaction. A. Dealing with Visitors and Clients Always show the same courtesy and politeness to all visitors and unknown callers as you would to clients. Personal emotions or problems should never influence how you communicate in a professional setting. Start by understanding the reason for their visit or call and do your best to meet their needs. Like any business, a law firm relies on making good impressions—poor treatment could discourage potential clients from returning. Whether the visitor is a retired judge or a postal worker, everyone deserves respect. Depending on your firm’s size and structure, other attorneys and their clients may visit the office. In these cases, treat them with the same care as any other guest.  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES For meetings, interrogations, or business gatherings, providing meals is often necessary due to long work hours that extend through breakfast, lunch, or dinner. While some secretaries may feel that handling food arrangements is outside their role, teamwork is essential in legal practice. If you are uncomfortable with such tasks, it may be a sign that this profession isn’t the right fit, as everyone is expected to pitch in. In some cases, paralegals or clerks may handle meals, but other times it will be your responsibility. B. How to Handle Difficult Clients Clients may become angry, frustrated, or upset for various reasons. They might feel that their attorney is unavailable as often as they would like, believe their case is being neglected in favor of other matters, or think the fees are too high or incorrectly billed. This is where your skills as a mediator come in. Approach clients with patience and composure whenever possible. Provide clear explanations about billing, assure them that their case is being handled effectively, or explain the reason the attorney is currently unavailable. If you are unsure of an answer, let the client know you will find out and follow up promptly. Earning clients' trust will make future interactions more manageable, as much of their frustration often arises from unclear communication. Once they receive adequate explanations, clients usually feel more at ease. However, some clients may naturally be more demanding and require additional patience. Remaining calm and professional is essential, ensuring you meet their needs while involving the attorney  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES only when absolutely necessary. The key is to stay calm and professional, regardless of the client’s personality or attitude, and to provide them with the information or assistance they need. Involve your attorney only when necessary and after you’ve explored all other options to resolve the situation on your own. C. Phone Etiquette in Legal Office i. Incoming Calls 1. Answer calls promptly to ensure efficient communication. 2. Use a consistent, professional greeting such as, "BSOA’s office, this is Micah, how may I help you?" If the firm’s name is lengthy, simply state the attorney’s name, your name, and offer assistance. 3. Avoid placing callers on hold unless absolutely necessary. If a wait is unavoidable, inform them of the expected duration and offer the option to wait, call back later, or have the attorney return their call. If the caller stays on hold, periodically update them on the status of their wait. 4. Always communicate clearly, concisely, and with confidence. 5. Maintain an appropriate speaking volume—neither too loud nor too soft. 6. Hold the phone at a proper distance to avoid muffling your voice. 7. Remain polite and professional at all times, even when faced with rude callers. If the caller becomes abusive or angry, calmly inform them that someone will return their call, then confirm their details before ending the conversation.  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES ii. Outgoing Calls 1. Begin the call by introducing yourself and stating your name, followed by the name of the attorney you represent. 2. Clearly and concisely explain the purpose of your call, speaking in a confident and respectful tone. 3. Ensure you have the correct name of the person you need to reach before placing the call. 4. If you dial the wrong office or number, politely apologize and acknowledge the mistake instead of disconnecting abruptly. 5. Maintain professionalism at all times. If you feel upset, calmly inform the other person that you will call back later, and only do so once you have composed yourself. 6. When leaving a message, clearly state your name, company, phone number, and the reason for your call. Repeat your name and number slowly at the end to ensure clarity. 7. Always express appreciation by thanking the person for their assistance before ending the call. II. Handling Appointments and Reminders with Clients Handling appointments and reminders with clients is a crucial aspect of maintaining efficiency and professionalism in a legal office. Proper scheduling ensures that meetings, consultations, and deadlines are managed smoothly, preventing overlaps and missed appointments. It also demonstrates respect for the client’s time and fosters  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES trust in the attorney-client relationship. Clear communication is key: appointments must be confirmed, reminders sent in advance, and any changes promptly conveyed to all parties. Using calendars, reminder systems, or scheduling tools can help streamline this process, ensuring that both clients and attorneys stay organized and focused on their priorities. Ultimately, effective appointment management contributes to better client service and smoother office operations. Why Should You Send Appointment Reminder Texts? Although phone calls and emails have traditionally been used for appointment reminders, SMS text messages provide several advantages, making them a practical alternative or complement to these methods. Text messages are fast, visual, interactive, and highly adaptable, offering unique benefits for both senders and recipients. One of the biggest advantages is that texts can be sent and viewed at any time, without the need for any internet connection. This makes them especially useful when recipients are busy or in noisy environments where taking a call may not be feasible. Additionally, texts enable two-way communication, allowing clients to respond with questions or confirmations at their convenience, while businesses can reply quickly. This is particularly helpful for organizations that may not have the resources to manage a high volume of calls. Here are four types of reminder and appointment messages, along with guidance on how to set them up:  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES 1. Appointment Confirmation and Changes: Keep your clients informed about their appointments by sending confirmation messages and notifications for any changes to their bookings. 2. Appointment Reminder: Minimize no-shows by automatically reminding clients of their upcoming appointments. 3. Rebooking Reminder: Reminding clients to rebook is a crucial aspect of client retention. Sending them a reminder helps ensure that you don’t miss the opportunity to welcome them back to your business. 4. One-off Messaging: Maintain organization and control by sending one-time SMS messages to clients through the Timely platform. Any replies will be delivered directly to your account, keeping all your communications in one centralized location. Best Practices for Appointment Handling Managing appointments efficiently is essential for maintaining effective communication and organization in an office setting. Following best practices in appointment handling helps create a professional atmosphere, builds trust with clients, and ensures that both staff and clients feel well-informed and valued. Here are several recommended practices for streamlined appointment management: 1. Confirm Appointments Early Sending a confirmation message to clients as soon as an appointment is scheduled is crucial for setting expectations and preventing scheduling conflicts. Early confirmation shows the office’s commitment to a seamless scheduling process and gives clients peace of mind.  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES 2. Send Timely Reminders Scheduling reminders 24 to 48 hours before the appointment can significantly reduce the risk of no-shows. This advance notice provides clients with enough time to prepare or reschedule if needed, keeping appointment slots productive and minimizing wasted time. 3. Be Flexible with Changes When rescheduling is necessary, notify clients as soon as possible and offer alternative dates to accommodate their needs. This flexibility demonstrates a commitment to client convenience and shows that the office is prepared to adapt to changes, fostering a positive client relationship. 4. Centralize Communication Utilizing tools such as SMS platforms or scheduling software to consolidate all communication helps reduce confusion. By centralizing messages and reminders in one location, the office can ensure all parties remain informed and on the same page, minimizing misunderstandings. 5. Follow Up as Needed If a client cancels an appointment, following up with an offer to rebook shows that the office values the relationship and is committed to accommodating their needs. This additional step reflects a high level of professionalism and encourages clients to maintain their engagement with the office. By implementing these best practices, offices can enhance client satisfaction, maintain a professional atmosphere, and ensure appointments are managed smoothly  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES and efficiently. III. Develop Legal Office Calendars and Court Dockets As a legal assistant, one of your primary responsibilities is to keep your attorney prepared by providing everything needed on a daily basis. This includes preparing the attorney for court appearances, meetings, and appointments. Utilizing tools such as handheld devices and date planners, along with adhering to the fundamentals of organization, will enhance your efficiency in the long run. Given the substantial amounts of paperwork involved in the practice of law, maintaining order is crucial. A. Keeping Your Attorney Prepared If you are responsible for preparing necessary items for your attorney each day, consider the following preparations and standard practices. Create a list of everything needed for each situation and gather these items in chronological order, from the first to the last appointment, placing them on the attorney’s desk before leaving for the day. Typical preparation tasks include: 1. Ensure that the file for each client your attorney will be working with that day is available and up to date. 2. Provide one or two fresh legal pads and pens or pencils for all situations. 3. Gather any handwritten notes and include them with the client file. 4. Call all involved parties several days before any scheduled events to confirm their attendance. 5. Remind clients who need to appear in court by calling them the day before to confirm the meeting time and place.  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES 6. If your attorney uses a briefcase, empty it of any previous files to make room for the necessary files for the next day. 7. If billing software is not utilized, ensure that the billing book is available if it is not already in your attorney's office. By following these guidelines, you can effectively support your attorney and help them stay organized, ensuring they are always prepared for their professional responsibilities. B. What is Court Docket and How Do They Work? What is a Docket? A docket serves as an official record of the proceedings related to a court case, documenting key events and details throughout the legal process. The specifics of what is included in a docket can vary significantly depending on the jurisdiction, affecting the type and detail of information recorded as well as its accessibility to the public. For instance, some jurisdictions offer free online access to their docket systems, while others may require a subscription to a database or necessitate an in- person visit to the court. Docket research is primarily utilized to gather information about particular cases, detailing aspects such as the judge presiding over the case, the parties and attorneys involved, and the timeline of events associated with the case. Dockets are particularly valuable for researching trials, which can span several years and encompass numerous procedural developments. Important documents that can be identified or located through trial court dockets include motions, testimony  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES transcripts, jury instructions, judge rulings, expert witness names, and more. How to Read a Docket? The structure and content of dockets can vary significantly across different jurisdictions and courts, as well as from one judge to another. Understanding how to read a docket is crucial for legal professionals and parties involved in litigation. 1. Understanding Case Types: Dockets may include cases set for various purposes, such as status updates or scheduling matters. For example, a court might schedule a hearing to check on the progress of settlement negotiations, outstanding discovery issues, or the procurement of expert reports. These types of cases may not require extensive legal arguments, focusing instead on the case's current standing. 2. Identifying Motions: In some instances, dockets feature cases set for specific motions rather than a final trial. These motions can cover a range of issues, including discovery disputes, requests for mediation, or motions for the appointment of a guardian ad litem. It’s essential to identify these motions to understand the nature of each case on the docket.  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES 3. Trial Settings: Dockets also include cases scheduled for trial. In some courts, multiple trials may be set for the same day and time. If the first case proceeds, subsequent cases may not be reached if the first trial takes longer than expected. This can affect the scheduling and preparation of legal representatives involved in the cases. 4. Reviewing Details: When reading a docket, pay attention to critical details such as the case number, parties involved, the judge assigned, and the specific time and location of the hearings. This information will guide you on when and where to appear and what issues will be addressed. 5. Noting Variability: Remember that dockets can operate differently based on the jurisdiction and the individual judge’s practices. It’s important to familiarize yourself with the specific docketing rules and conventions of the court you are dealing with to navigate them effectively. By keeping these points in mind, you can effectively read and interpret a docket, which will aid you in preparing for upcoming hearings or understanding the status of ongoing cases. Best Practices for Efficient Calendar and Docket Management Effective management of calendars and dockets is crucial for legal assistants to help attorneys stay organized, meet deadlines, and provide timely service to clients. By following specific best practices, legal assistants can minimize scheduling conflicts, avoid last-minute issues, and ensure that attorneys’ time is used efficiently. Here are several strategies to enhance calendar and docket management: 1. Sync Calendars Regularly: Regularly synchronizing the attorney’s calendar across  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES all devices is essential to keep schedules consistent and up to date. This practice ensures that any changes or additions are reflected in real-time, allowing the attorney to stay on track and reducing the risk of missed appointments or overlapping engagements. 2. Set Reminders: Leveraging digital calendar tools to set reminders for upcoming appointments and deadlines helps ensure that both the attorney and the assistant remain aware of critical dates. Reminders, especially when scheduled in advance, contribute to better time management and help prioritize tasks efficiently. 3. Coordinate with Clients and Courts: Proactively confirming attendance and verifying hearing dates with clients and courts in advance can prevent unexpected scheduling conflicts. This practice is vital in reducing last-minute adjustments and ensures that all parties are aligned and informed of upcoming obligations. 4. Plan for Contingencies: Legal schedules are often subject to sudden changes. By preparing for potential disruptions, such as rescheduling a delayed hearing or rearranging appointments, legal assistants can effectively manage the attorney’s time and keep the calendar in order. Flexibility and quick response to changes are crucial for a smooth workflow. 5. Review Dockets Daily: Daily review of the docket allows legal assistants to stay informed on motions, hearings, and trials scheduled for the week. Keeping a close eye on the docket helps the attorney remain prepared for upcoming legal obligations and ensures no details are overlooked. By implementing these best practices, legal assistants can help maintain smooth  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES office operations, minimize scheduling conflicts, and provide clients with a high level of service and attention. IV. Manage Legal Documents, Files, Financial and Other Records Effective management of legal documents, files, financial records, and other essential information is crucial in a legal office setting. This function involves organizing, storing, retrieving, and maintaining various types of documents and records that support legal practice operations. Proper record management ensures compliance, enhances efficiency, and protects client confidentiality, which is vital in the legal profession. Here’s a comprehensive discussion on the significance, processes, best practices, and considerations involved in managing legal documents and records. Processes Involved in Managing Legal Documents and Records 1. Document Creation and Capture: The first step in document management is creating and capturing legal documents. This includes drafting contracts, pleadings, memos, and other paperwork. Digital tools can streamline this process by enabling electronic creation and submission. 2. Organizing and Categorizing: Once documents are created, they must be organized systematically. Establishing a categorization system based on case type, client name, date, or document type allows for easy retrieval. Utilizing both physical and digital filing systems can help maintain order. 3. Storage Solutions: Choosing the right storage solutions is essential for effective document management. For physical records, consider using secure filing cabinets or off-  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES site storage facilities. For digital records, implementing a reliable document management system (DMS) with backup and security measures is crucial. 4. Access Control and Security: Protecting sensitive legal and financial records is paramount. Implement access controls to ensure that only authorized personnel can access specific documents. Utilize encryption and secure passwords for digital files to safeguard against unauthorized access. 5. Retention and Disposal Policies: Establishing document retention policies is important to determine how long different types of records should be kept. Regularly review and dispose of outdated or unnecessary documents in accordance with legal regulations, ensuring sensitive information is destroyed securely. 6. Regular Audits and Reviews: Conducting regular audits of your document management system can identify areas for improvement and ensure compliance with retention policies. Periodic reviews can help streamline processes and eliminate inefficiencies. Identify Gaps Conducting audits helps uncover any missing or misfiled documents and highlights areas needing improvement. By identifying these gaps, the office can take corrective actions to prevent future errors, ensuring a more reliable and complete document record. Ensure Compliance Regular reviews verify that the office adheres to document retention policies and industry standards. Compliance is essential in a legal environment, as it protects the firm from potential penalties and legal issues. Consistent reviews ensure the office  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES is meeting all regulatory and ethical obligations. Streamline Processes Through audits, the document management system can be assessed for efficiency. This process often reveals redundancies, outdated practices, or inefficiencies that can be addressed. Based on audit findings, the office can implement better tools or strategies to optimize document handling, saving time and reducing errors. By following these four steps, legal assistants ensure that documents are handled with care, security, and precision, supporting smooth office operations and professional standards. Importance of Document and Record Management 1. Compliance and Legal Requirements: Legal offices must adhere to strict regulations regarding document retention and confidentiality. Proper record management ensures compliance with laws governing data protection, attorney-client privilege, and evidence handling, thereby minimizing the risk of legal repercussions. 2. Efficiency and Productivity: An organized record management system improves efficiency by enabling quick and easy access to important documents and files. This saves time for legal professionals who need to retrieve information for cases, clients, or internal operations, ultimately enhancing overall productivity. 3. Risk Management: Effective management of legal documents and records reduces the risk of loss, damage, or mismanagement of critical information. Implementing robust record-keeping practices helps protect against potential liabilities that may arise from  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES errors or missing documents. 4. Client Trust and Satisfaction: Clients expect their legal representatives to handle their sensitive information with care. Proper document management fosters client trust by demonstrating professionalism and ensuring their data is handled securely and confidentially. 5. Facilitating Communication and Collaboration: A well-organized document management system promotes effective communication and collaboration among legal professionals. It allows for seamless sharing of information between attorneys, paralegals, and support staff, leading to better case management and decision-making. V. Handling Mails, Fax, or Arrange Delivery of Legal Correspondence to Clients, Witnesses, and Court Officials Effective communication is the backbone of any legal practice, and managing correspondence through mail, faxes, and deliveries is a vital component of this process. Here’s a closer look at the importance of this topic and best practices for handling legal correspondence. Importance of Timely Communication In the legal field, timely and accurate communication can significantly impact case outcomes. Delays in sending or receiving important documents can lead to missed deadlines, which may jeopardize a client’s case or the integrity of the legal process. For this reason, having a robust system in place to handle mail and faxes is essential.  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Sorting and Prioritizing Correspondence A key aspect of managing legal correspondence is sorting and prioritizing incoming and outgoing mail. Legal professionals must categorize documents based on urgency and relevance. For instance, court filings, motions, or notices of hearings often require immediate attention, while other documents may be less time-sensitive. Implementing an organized filing system can help streamline this process and ensure that critical documents are addressed promptly. Attention to Detail Attention to detail is paramount when handling legal correspondence. A small mistake, such as sending a document to the wrong recipient or failing to include necessary attachments, can have serious repercussions. Legal professionals should double-check all outgoing correspondence for accuracy, including recipient addresses, document content, and signatures. Additionally, maintaining clear records of all correspondence, including dates sent and received, can help mitigate potential disputes or confusion. Delivery Methods Choosing the appropriate delivery method is also crucial. Legal documents can be sent via traditional postal services, faxes, or electronic means (e.g., email or secure document-sharing platforms). Each method has its advantages and disadvantages: Postal Services: Reliable for formal documents but may result in delays. Faxes: Useful for sending time-sensitive documents quickly, although fewer offices use this method today.  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Electronic Delivery: Offers speed and convenience, particularly with secure file- sharing platforms. However, ensuring that documents are sent to secure and verified email addresses is essential to protect client confidentiality. Confirming Receipt To ensure that legal correspondence reaches its intended recipients, confirming receipt is best practice. This can involve requesting a ready receipt for emails or following up with a phone call to verify that a document was received. For critical documents, such as those sent via postal services or couriers, obtaining a signature upon delivery adds an extra layer of security. VI. Handling Dictation and Transcription Handling dictation and transcription effectively is crucial in a legal setting, where precise communication is essential. This process involves two main components: the methods of dictation and the methods of transcription. Dictation/Recording Methods Dictation allows legal professionals to quickly convert thoughts into spoken words, significantly speeding up the process of capturing information. People generally speak at a rate of 100 to 200 words per minute, much faster than the average typing speed of around 60 words per minute and significantly faster than handwriting, which is typically less than 30 words per minute. However, the human brain can process thoughts at an astonishing rate of up to 800 words per minute, which often results in "lost" thoughts  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES if they are not captured swiftly. To effectively dictate information, several recording methods can be employed: 1. Digital Recorders: Small handheld recorders, whether tape-based or digital (e.g., MP3 or WMA formats), are popular for capturing audio quickly. These devices are portable and user-friendly, allowing for easy storage and playback of recorded material. 2. Computer-Based Recording: Utilizing a microphone connected to a computer can serve as an advanced voice recorder, though it may require additional investment. This method offers the advantage of editing and storing files digitally. Regardless of the method chosen, dictation remains a practical solution for efficiently converting thoughts into written form. Transcription Methods Once the dictation is complete, the next step is transcription—transforming spoken words into written text. There are various approaches to transcription: 1. Manual Transcription Services: After recording, audio files can be sent to professional transcription services, which will convert the speech into written text. While this method can be convenient, the resulting material will still require editing to ensure clarity and accuracy. 2. Voice-to-Text Software: For a more immediate solution, professionals can use voice recognition software to transcribe dictations directly into a computer. Although this can streamline the process, it requires initial training to optimize the software's understanding of the user's voice. Users may find themselves needing to monitor the text on the screen for errors while dictating, which can divide their focus.  POLYTECHNIC UNIVERSITY OF THE PHILIPPINES Regardless of the transcription method employed, it is vital to review the resulting document for clarity and accuracy. Dictated speech often includes inaccuracies, unclear phrases, and spelling errors that can lead to confusion. The transcriber’s primary task is to capture spoken words rapidly, not necessarily to ensure their clarity. After the transcription is complete, the document must be carefully proofread and edited to ensure it conveys the intended message clearly. 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