PRL 101 slides, Sept. 3

CC-BY-SA

Transcript

1. Paralegal Workplaces creative commons licensed (BY-NC-SA) flickr photo by danmachold: https://flic.kr/p/8VhbQu
2. brief comments • use your own words • plain English • italics for case style • issue should be a yes/no question that includes relevant facts necessary to decide case • issue is marriage, not common-law marriage • see sample brief
3. Flickr photo ©byrdiegyrl https://flic.kr/p/p5qP3
4. Types of Law Offices creative commons licensed (BY-NC-ND) flickr photo by rockcc_histcoll: https://flic.kr/p/5ni3hQ
8. Private Firms • Structure –Sole practitioner –Association of sole practitioners •Share space/eqpmt/personnel –Partnership –Corporation •PC •LLP •LLC
9. Type of practice • General • Specialized (‘boutique’) –Employment litigation –Bankruptcy –Immigration –Intellectual Property –Estate Planning –Real Estate
10. In-House • Lawyers work as employees of a single client –General counsel • Handle regular legal matters of client • Outsource specialized legal matters –Outside counsel –Litigation
11. Government Law Offices • Criminal –Prosecution •District attorney/Attorney general (state) •City attorney (local) •US attorney (federal) –Defense •Public defender –Tuscaloosa and Shelby Counties •Appointed counsel
12. Government Law Offices • Cities/Counties –City attorney • Advises city agencies –Mayor/City Council –Governing boards (variances, historic preservation, etc.) • Prosecutes municipal offenses –Smaller cities may hire private law firm –Counties may have counsel; private firm more common
13. Government Law Offices • States –Attorney general •Provides legal advice to government agencies –Jefferson County bankruptcy referendum • May prosecute criminal cases • Civil litigation
14. Government Law Offices • Federal Government –Department of Justice •Attorney General • Solicitor General •Advisory opinions • Litigation •Antitrust • Civil rights •Environment • Immigration
15. Legal Aid • Provide services to benefit indigent clients –Usu. Civil practice •Domestic • Landlord/tenant •Consumer • Wills/estates •Elder law
16. Public Interest • Legal issues involving public concern –Environmental Defense Fund –American Civil Liberties Union –Electronic Frontier Foundation
17. Professional Team • Lawyers –Owners •Partners –Senior –Junior –Associates •Partnership track –Affiliated lawyers •Permanent/contract/senior associate •Of counsel
18. Professional Team • Law clerks –Law students/apprentices • Paralegals • Administrators –Personnel –Facilities –Finance • Secretarial
19. Billing • Hourly –Billable hours –Non-billable hours • Contingency • Flat fee • Prepaid Group • Pro bono
20. Timekeeping • Important for all firms, regardless of billing method –Determine fee (hourly) –Divide fee (attorneys) –Profit/loss (firm) –Profit sharing (employees)
21. Timekeeping • Methods –Timesheet –Software • Increments –6 minutes (.1 hr)
23. Filing Systems • Organization –Client –Project • Update daily! • Individual files –Top binder clip –Document index/tabs • Color coding • Storage/tracking/destruction
24. Conflict check • Conflict of interest –No lawyer in a firm can represent a client whose interests are adverse to a client of any other lawyer in the firm • Systems –Manual • Index cards/alphabetical list –Software
25. Calendars • Deadline driven profession • Malpractice –Must have calendaring system for insurance –Dual calendars: lawyer and assistant –Firm and individual calendars –Backup
26. • Significant deadlines? –Litigation • Statute of limitations, pleading deadlines, court dates, appearances, discovery, opposing party –Tax • Return filing dates, litigation deadlines –Real estate • Contract deadlines, loan/documentation, inspection/due diligence, closing, recording –Corporate/commercial • Annual meetings, tax return, financial statement, regulatory
27. Calendars • Docketing – Specific deadlines • Tickling – Regular review of files – Notice that deadline is approaching • Non-work dates – Appointments – Vacations
28. Calendars • Manual –Must be managed daily –Must be in duplicate (at least) • Software –May have automated deadline calculation –Daily updates –At least weekly printed reports