Law Office and Its Environment PDF

**CHAPTER 1 -- THE LEGAL OFFICE ENVIRONMENT** **Learning Objectives** At the end of this lesson, you should be able to: - Discuss the basic concept, principles and functions of the law office in the 21st century--- the personnel, office lay-out, equipment, and supplies used. **BASIC CO...

**CHAPTER 1 -- THE LEGAL OFFICE ENVIRONMENT** **Learning Objectives** At the end of this lesson, you should be able to: - Discuss the basic concept, principles and functions of the law office in the 21st century--- the personnel, office lay-out, equipment, and supplies used. **BASIC CONCEPT, PRINCIPLES AND FUNCTIONS OF THE LAW OFFICE TODAY** Law firms are both complex and fast-moving, requiring firm leaders to be strategic with the creation and implementation of systems. As an attorney with a small law firm, it's easy to focus all your attention on your clients. While clients are a critical part of practice, the firm won't run itself. **Different Types of Law Firms:** - **The Large Firm.** - As you might expect, there is a great deal of hustle and bustle in large firms. The structure is very like any large corporation and, as such, these firms tend to be less flexible in regard to attire and hours than any other type of firm. - A large firm may have as many as several hundred attorneys on staff to several thousand; excluding supporting staff. Firms that employ a large number of attorneys have offices all over the country and even the world. In almost all cases, the large firms pay the highest wage to all employees and offer a wider range of health benefits, employee savings plans, tuition re-imbursement, and perks. - You will need to have, at the very least, one year of legal experience before being hired by a large firm; some will require three years of experience. If you work for a smaller firm now, you might want to check around and see how much on-the-job experience is required by larger firms you are interested in. - Legal secretaries in this environment may work solely for one attorney or multiple associates, or they may float and work where needed on any given day. To work for this type of firm, your skills must be top-notch and you will\--except on rare occasions\--need to have one to several years\' prior experience under your belt. The competition is considerable. If you want an edge over other applicants, you must meet or exceed the skills. If you are lacking in any, be sure to bring them up to the expected level or higher if possible. All large firms will employ paralegals, clerks, consultants, secretaries, and receptionists; and many, but not all, will also retain jury consultants, researchers, experts such as psychiatrists, medical doctors and the like, and a plethora of special counsel. You will be quite busy and can expect frequent trips to court - If you want an edge over other applicants, you must meet or exceed the skills. If you are lacking in any, be sure to bring them up to the expected level or higher if possible. All large firms will employ paralegals, clerks, consultants, secretaries, and receptionists; and many, but not all, will also retain jury consultants, researchers, experts such as psychiatrists, medical doctors and the like, and a plethora of special counsel. You will be quite busy and can expect frequent trips to court or country on occasion. - **The Medium-sized Firm.** - Medium-sized law practices may have anywhere from 50 to several hundred attorneys on staff. Like their larger counterparts, these firms carry a great deal of activity and often offer many of the same features but in a smaller, more personal setting. Medium-sized firms are less corporate in structure but still have offices in multiple locations, either throughout the world or the country. - They offer, on average, a lower starting salary and less comprehensive health benefits than larger firms, but they may have perks that compensate for this, such as a flexible work schedules, longer paid vacations, and generous bonuses. - For many moderate to highly experienced legal secretaries, medium-sized firms are the best of both worlds, offering opportunities for advancement and the chance to learn multiple types of law specialties, plus receive a variety of perks. As with a large firm, you will be extremely busy nearly every day, but you will have help in the form of a large supporting staff. - **The Small Firm**. - This size law practice may be as small as two attorneys or as large as 40 or 50. The majority of smaller firms usually have three or four partners and five to 10 associates, but this ratio can vary. These types of firms are often the starting place for newly graduated law students, inexperienced paralegals, and new legal secretaries. - There are multiple benefits of working for a small law firm. They include invaluable on-the-job-training, the opportunity to learn vital legal research skills, flexible working hours, a personal and more relaxed working environment, and generous holiday bonuses. Some drawbacks include a lower starting salary, high employee contribution health benefits, the lack of a 401(k) plan, a heavy workload, and the inability to gain experience in a large variety of specialties. **Law Firm Systems and Procedures** In any office, processes and procedures are the solid road map. In a law firm, processes ensure to easily locate contacts, tasks, emails, documents, and more associated with clients. They also help use the time and resources efficiently and ensure the staff does the same. - Paperless Workflow Besides equipment and tools, there is also need for a dedicated paperless workflow for scanning and filing documents. To start, scan existing files into the digital filing system. Then make a process to scan every document or file that comes the way before do anything else with it. There is also need on how to organize the files, whether by open client files and closed client files or another method. Name each document in a way that reflects the client, the type of document, and the date. - What, Where & How of Client Files As you manage your firm's documents, it is important to have a process that includes what to save and what to shred, even in a paperless office. When it comes to client files: - Return documents you no longer need. At the end of a case, return client documents to the client, unless you specify otherwise. - Get rid of unnecessary documents. At the close of a case, make sure to get rid of any - Have a separate file location for closed files. Keep open cases and closed cases separate inside the filing system. This prevents confusion and overwhelm within the files. - Track the destroyed documents. Destroy files after the safe time period passes, notate it in a separate destructed document record. - Decide when and how the shred documents that are now scanned. - Date boxes of paper or digital files to know how much time has passed since the last time of using them- this will help figure out what to keep. - Finally, ensure the rest of the staff understands what to do with client files. Communicate the process in your law office management procedure manual. **Productivity and Lawyer Time Management** Personal productivity is not the same as case or project management. Instead, personal productivity relates to you personally---what you should work on right now, next week, next month, and beyond. To get started, follow these steps: - **[Set your goals]** - **[Capture]** - **[Process]** - **[Make lists]** - **[Plan]** - Have a separate file location for closed files. Keep open cases and closed cases separate inside the filing system. This prevents confusion and overwhelm within the files. - Track the destroyed documents. Destroy files after the safe time period passes, notate it in a separate destructed document record. - Decide when and how the shred documents that are now scanned. - Date boxes of paper or digital files to know how much time has passed since the last time of using them- this will help figure out what to keep. - Finally, ensure the rest of the staff understands what to do with client files. Communicate the process in your law office management procedure manual. Most of the equipment and supplies discussed in this topic are common to all offices; however, there are some that are specific to law offices. You will need to have an understanding of how they work and what they are used for, even if you have not had an opportunity to get hands-on experience with them. If you are familiar with them, it will make your task of operating them easier when you secure your first legal secretary position. If at all possible, try to familiarize yourself with where equipment is situated or where supplies can be found in the office you are hired to work for as soon as possible. **Copiers** Copiers come in many sizes and have varied features. Medium-sized to large law offices have several large, multitask copiers in addition to several standard copiers. Some also have color copiers, which are very expensive to run, repair, and maintain. Be sure to familiarize yourself with all the available features of the copiers in the office. Be sure to reset the copier to zero copies and standard usage when you finish your job. This is a courtesy to other secretaries who may use the machine after you. Make sure that there is ample paper in the copier whenever you use it, including legal-sized sheets. **Postage Machines** Postage or stamp machines allow large amounts of mail to be stacked and run through at one time. Most medium-sized offices have one and all large offices have at least one. The largest law offices have separate mailrooms and employees whose sole responsibility is to process mail throughout the day. Stamp machines must be preset to the amount of postage required for each envelope. **Postage Scale** The postage scale is an electronic weighing device for letters and small packages. It is similar to those you may see in U.S. postal offices. It has a flat, metal top and a programmable, digital front. The letter or parcel is simply placed on top and the correct postage will be shown on the digital face. Do not overload the scale with large or exceptionally heavy items. **Fax Machines**. It is rare that anyone is unfamiliar with the use of a fax machine; however, newer versions often have many features that you may not be familiar with. All law offices will have at least two fax machines; larger offices, of course, have a large multitude of them stationed throughout the office area. Be absolutely sure to include a fax cover sheet with all faxes. Once a fax has gone through, a confirmation sheet will print out; be sure to retain this sheet. **Fax Machines**. Once the fax is complete, staple the original fax (if a hard copy is not to be mailed), the cover sheet, and the transmission confirmation together and place them in the client file. If a hard copy is to be mailed as a follow-up to faxing, make a copy of the faxed letter and staple that with the other two items; then mail out the original. As with the copier machine, make sure that there is ample paper in the fax machine for printing out transmission sheets. **Will Supplies** - **[Envelopes]** - **[Covers]** - **[Covers]** - **[Paper]** - **Ribbon** **EXHIBIT SUPPLIES** - Labels. Exhibit labels are self-sticking, square labels that come in various colors. They are used for writing the exhibit number and applying to the exhibit. - Stampers. Exhibit stampers allow you to change the number or letter according to which - number or letter exhibit you are stamping. Litigation stampers have multiple wheels and allow dashes, slashes, letters, and numbers. Both types of stampers require an ink refill after extended use. - Indexes. Exhibit indexes are tab style separators that make going from one exhibit to the next easy and convenient. They come in alphabet or numeric styles. - Legal Pads. Legal pads are long, ruled paper pads that are bound at the top rather than at the left side. They usually are yellow but sometimes are blue. Legal pads often are used and abundantly supplied in law offices. They are found on nearly every desk of every employee in any law office. Always keep a stack handy ! **Office manager.** Medium-sized and large firms nearly always have an office manager on the payroll who is charged with the hiring and firing of all other employees, with the exception of partners. The manager also is responsible for overseeing the everyday operations of office functionality and a multitude of other tasks that otherwise would take time away from the partners\' regular duties. Ultimately, the final says on hiring and firing lies with the senior partners; however, if there is a long-standing relationship between the office manager and the senior partners, they will more often than not take their manager\'s opinion into serious consideration in most matters. If you are interviewing with an office manager before interviewing with a specific attorney, do not falsely assume that you need not make an impression on this person because you will not be working directly for them. The manager may very well be the individual who decides which partner or associate you will work for if multiple positions are open, how much money you will be offered, and if you will be hired at all. Office managers usually answer only to partners; however, because part of their salary is paid by hours billed by associate, they will take an associate\'s input into consideration when making decisions. **Information technology (IT) or computer department manager**. This person largely takes care of ensuring that all in-house computer hardware, software, and peripherals are functioning properly. This manager oversees the ordering of new equipment, schedules repairs to existing equipment, and ensures that there is a well-functioning back-up system in place. The computer system manager is vital to the operation of a law office of any size, as without proper functioning of the office\'s network, serious problems would occur. This person usually answers directly to the office manager. **Associates.** New or inexperienced attorneys and part-time practitioners of larger firms are called associates. Associates do not own part of the firm and thus are considered non-equity, but they have the potential of becoming a partner in the future. They deal with new or lower profile clients and charge lower fees than partners. They do not lack ability or education. However, they are not as seasoned as those who have been practicing law for an extended period of time, or they may have prior experience but are new to the firm. Other associates may be those with a great deal of experience, but they do not wish to work the excessive hours that are required to reach or maintain partnership level. These associates may keep their agenda to only several long-standing clients and only come to the office on a part-time basis as needed. **Counsel, special counsel, and \"of counsel\" attorneys.** All three of these are considered consultants to the firm they do business with. They will mostly be found providing specific legal guidance and input to larger firms on an as-needed basis. Their hours are billed directly to the firm they consult for, and they are not usually added to the payroll. **Law clerks**. Law clerks work directly with partners and associates providing research and assisting with various legal document and case preparation. They work part time or during summer breaks, as they are usually law students who are attending classes full time. Clerks may also be recently graduated law students who have not yet taken or passed the bar exam. Law clerks may work for judges. Future associates often are hired from the pool of law clerks that work for a particular firm while earning their law degrees. **Paralegal/legal assistant.** A paralegal has specialized training but is not an attorney. She or he works under the supervision of and directly with partners, associates, and clerks. Paralegals have many job duties, including drafting motions and subpoenas, document review, and filing papers with courts. Paralegals traditionally have dealt more with procedural law than with substantive law. **Legal secretary**. Most attorneys would admit that without a competent legal secretary, they would not be able to do their jobs properly. Attorneys count on their secretaries to take care of important matters as well as small matters so that they may attend to consultations with clients, court appearances, and the planning of legal strategy, defense, or best course of action. The legal secretary may have more responsibility if he or she has been working with a particular lawyer for a long time, has a lot of experience, or has the knowledge required to take on certain tasks. While most legal secretaries primarily make appointments, prepare documentation, send important correspondence, file, keep track of ongoing correspondence and paperwork, and deal with clients on a daily basis, some also act as paralegals. Legal secretaries usually answer directly to the attorney or attorneys they work for and experience little or no interference from the office manager or partners, unless there is a particular problem or situation that needs to be addressed. **Receptionist.** The receptionist is the first person anyone coming into the office meets. Receptionists greet clients and other visitors, take care of incoming and outgoing mail, deal with package pickup and receipts, answer the main office telephone, and transfer all incoming calls to the appropriate party. They may also keep track of visitors\' incoming and outgoing time and their reasons for visiting by keeping a log book. They handle general inquiries about the office and walk visitors into the main office area. They usually answer directly to the office manager. **Data entry clerks.** These positions often are part-time and require the inputting of certain data into the main computer system as needed. Those who act as data entry clerks in a law firm usually answer to the IT manager or the office manager.