question

difference between a partner/shareholder and an associate attorney

answer

Partner/shareholder is an owner of the law firm While an associate is an employee of the firm & does not share in profits or losses

question

partners that share in the profit and losses of the firm

answer

Equity

question

what are the duties of a managing partner

answer

Manage or run the operation of the law firm

question

A lawyer who is salaried employee but does not have ownership interest/share profits in the firm

answer

an associate attorney

question

How many years associate must be with a firm before considered for a partnership

answer

5-10

question

Partner who is included in some aspect of management of the firm and be entitled to certain benefits

answer

Nonequity

question

Temporary associate attorney who is hired for a specific job/ period

answer

Contract attorney

question

attorney affiliated with a firm may have designation of

answer

Counsel

question

legal administrators are found in what size firms

answer

Medium & Large

question

3 areas of responsibility for a legal administrator

answer

General Management Finance & Accounting Human Resources, Marketing, and Computer systems

question

A legal assistant can become an associate member of the ABA

answer

True

question

group of persons who assist attorneys in the delivery of legal services

answer

Legal Assistants

question

legal ssistants who work as independent contractors byt are still supervised and report to an attorney

answer

Freelance/Contract L.A.

question

drafting correspondence is the number one duty of most legal assistants

answer

True

question

most legal assistants attend depositions and trials

answer

False

question

number one specialty area for legal assistants is civil litifation

answer

True

question

nearly 69% of all legal assistants are employed in what type of law practice?

answer

Private

question

according to the United States Department of Labor are legal assistants exempt or non-exempt under fair labor standards act?

answer

Nonexempt

question

why is the U.S. S. C. case of Missouri v. Jenkins important to the legal assistant profession?

answer

The U.S. Supreme Court recognized that legal assistants could bill for their time at the prevailing market rate

question

Office managers are found in what size firms

answer

Smaller

question

4 types of law practices

answer

Private Government Legal services/aid Corporate

question

head lawyer of a corporate law department

answer

General Counsel

question

a nonprofit law office that receives grants from the gov. and private donations to represent disadvantaged

answer

Legal Services/aid office

question

Majority of lawyers work in what kind of practice

answer

Private

question

Approximately 48% of all attorneys work in the size office

answer

Sole Practitoner

question

A small law office that specializes in only one/two areas

answer

Boutique

question

4 options from which to choose their legal status.

answer

Professional Corporate sole proprietorship Partnership Limited liability company

question

A management structure in a private law firm where on partner is responsible for managing the firm

answer

Managing partner or powerful managing partner

question

3 types of management structures for private law firms

answer

Managing partner rule by all partners/shareholders Management committee

question

Management decisions related to how a law office practices law and handles its cases

answer

Practice

question

management decisions related to operating a law office including financial and personnel matters

answer

Administrative

question

3 basic practice management questions that must be considered

answer

What clients will the law office serve What services will be offered to the client What practice systems are needed to provide the agreed upon legal services to the client

question

It is generally recognized that a good law office strategy is to practice in all areas and subspecialties

answer

false

question

11 functions of legal admin.

answer

practice management leadership controlling financial management human resources management planning marketing management organization/policies/systems facilities management office services management tech. management

question

management philosophy that is based upon knowing the needs of each client and allowing those needs to drive the legal organization

answer

Total quality management

question

What distinguishes poor l.a. from exceptional ones

answer

Quality of their work

question

the quality of provided l.s. is best determined by

answer

client

question

what is the act of motivating or causing others to perform and achieve objectives

answer

ledership

question

What is the process of determining whether the law practice is achieving its objectives?

answer

contolling

question

Setting hourly billing rates, tracking firm assets, and budgeting are responsibilities of

answer

financial

question

what is hiring evaluating compensating training and directing law office personnel called

answer

human resources management

question

focuses on the positive aspects of the employee's performance, and explores alternative ways to improve his/her performance

answer

coaching

question

What employment doctrine states that oth the emplyee and employer are free to enter and serve the employment relationship at any time without reason

answer

employment-at-will

question

describe the family and medical leave act of 1993

answer

50+ employees with at least 1 year of service who worked 1,250 hrs. last year. 12 weeks unpaid leave for birth/adoption of child, care of family member, or the employees's own serious health condition

question

What law prohibits employers from discriminating against people with disabilities

answer

Americans with Disabilities Act

question

Define sexual harrassment

answer

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature that create and intimidating hostile or offesnsive working environment

question

process of setting obj. assessing the future and developing courses of action to achieve these objectives

answer

Planning

question

General enduring statement of what the purpose or intent of the law practice is about

answer

Mission statement

question

What is marketing

answer

The process of educating consumers on the quality legal services that a law office can provide

question

a manual that governs the policies and procedures of law office

answer

Staff manual or policies and procedures manual

question

What is the type of management that is responsible for property acquisition, moves, space, planning, and design parking, and security

answer

facilities management

question

A plan that describes how the law office will react to a catastrophe

answer

disaster recovery plan

question

What type of management is responsible fr mail & copy room and records/file management

answer

office services

question

3 problems/errors that can occur when using e-mail

answer

Tech can fail What you say can be easily forwarded to others email security can be breached once email is sent it cannot be retrieved email can be sent to unintended parties incorrect attachments can be sent typing errors can occur

question

The paperless office is associated with what type of computer program

answer

Document management

question

What are ABA Model Rules of Professional Conduct

answer

Self-imposed ethical standards for ABA members, but they also serve as a prototype of Legal ethic standards for state court systems

question

An attorney can be disciplined for the acts of his/her l.a.

answer

True

question

Under the Model Rules an attorney does not have to make reasonable efforts to ensure that a l.a. conduct is compatible with the professional obligations of the attorney

answer

False

question

L.A. must comply with the model codes of ethics from the two major national l.a.a.

answer

False

question

In most states you can go to jail for unauthorized practice of law

answer

True

question

list five things that a la cannot do without being accused of unauthorized practice of law

answer

Give legal advice represent clients in court perform legal analysis prepare legal documents evaluate a case accept or reject a case set a fee share a fee with attorney

question

3 factors that are considered in determining whether a l.a.gave legal advice to a client

answer

Did advice given require legal skill or knowledge Was the person advised of his/her legal rights was the advice not normally given by a nonlawyer as part of another business or transaction

question

legal technician is

answer

a person who markets their legal services directly to the public but who does not work under the supervision of an attorney

question

what does competent representation require according to the Model Rules

answer

Legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation

question

a lawyer shall act with reasonable____ and promptness in rep a client

answer

Diligence

question

The standard that precludes the disclosure of confidential communications between a lawyer and a client

answer

attorney-client privilage

question

A lawyer shall not reveal informaiton related to the representation of a client unless the client____

answer

gives informed consent

question

Conflict of inter of interest occurs

answer

an attorney or legal assistant has competing personal or professional interests with a client's case that would preclude him/her from acting impartially toward the client

question

even if a conflict of interest exists, if the affected clients give informed consent, confirmed in writing, the attorney can represent the parties

answer

True

question

A technique used to isolate l.a. or attorney with a conflict of interest from having anything to do with a case

answer

Ethical Wall

question

When an attorney's conduct in rep a client falls below the standard skill, prudence, and diligence that ordinary attorney would possess

answer

Legal Malpractice

question

According to Model Rule list at least four things an attorney must do regarding client communication

answer

Reasonably consult with the client about the means by which the client's objectives are to be accomplished keep client reasonably informed about the statues of the matter promptly with reasonable requests for information Explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding teh representation

question

If an attorney is leaving a firm he/she does not have to contact the client if another attorney at the firm will be taking over the case

answer

False

question

an attorney must notify and communicate all settlement offers to a clietn

answer

True

question

3 types of conduct that clients typically dislike

answer

Arrogance, rudeness, incorrect billings, calls/e-mails not returned confidentiality breaches, errors, and poor-quality work

question

5 strategies for fostering positive relationships with clients

answer

know your client Treat each client as if he/she is only one Send copies of all documents to clients Do not use legalese Return all phone call and reply to emails and voice mails immediately Be courteous and professional respond to clients request and keep promises

question

technology has yet to play a large role in client relations

answer

False

question

what is the number one reason that clients leave law offices or attorneys an take their business elsewhere

answer

They feel the were treated discourteously, indifferently or were simply not given good service

question

2 strats for dealing with difficult clients

answer

Stay calm and maintain professionalism document conversations Be courteous but maintain an arm's length relationship and keep the attorney informed

question

4 barriers to communication

answer

Backgrounds differing perceptions understandings ages

question

5 of 10 commandments of good listening

answer

Stop talking put the talker at ease show the individual that you want to listen remove distractions empathize with the person

question

When the desire for group cohesiveness becomes stronger than the desire for the best possible solution

answer

groupthink

question

difference between timekeeping and billiing

answer

Timekeeping is tracking time, and billing is the process of issuing invoices to clients for the time tracked

question

4 types of hourly rates

answer

attorney or l.a. hrly rate client hrly rate blended hrly rate activity hrly rate

question

When a lawyer takes a % of the recovery of the case

answer

Contingency

question

It is strongly recommended that all fee arrangements be in writing

answer

True

question

a flat fee agreement must be in writeing

answer

False

question

a retainer that can be deposited in the firm's or attorney's operating checking account

answer

Earned

question

an account where unearned client mony are deposited is called a trust account

answer

True

question

a retainer for general representation

answer

Earned

question

a case retainer

answer

Earned

question

a cash advance retainer

answer

unearned

question

a plan that can be purchased that entitles the person to receive l.s. either free or at a greatly reduced price

answer

prepaid legal services

question

a legal billing arrangement that is similar to the type used when you get your car fixed

answer

value

question

for what activity do clients file the most ethical complaints against lawyers

answer

fees and billing

question

what must the attorney do at the end of a case where a contingency feee or agreement was used

answer

Provide a written statement fo the outcomes and show a remittance to the client and the method of its distribution

question

a contingency agreement can be used in all kinds of cases

answer

False

question

if a client signs a contract with an attorney and the fee turns out to be clearly excessive it doesn't matter because a contract was signed and the contract prevails

answer

False; an attorney can never collect a fee that is unreasonable

question

4 of 8 factors that courts use to determine if a fee is unreasonable

answer

1. time a labor required then novelty and difficulty of the questions involved and the skill requisite to perform the l.s. properly 2. the likelihood if apparent to the client that the acceptance of the particular employment by the lawyer 3. the fee customarily charged in the locality for similar l.s 4. amount involved and the results obtained 5. time limitations imposed by the client or by the circumstanced 6. the nature and length of the professional relationship with the client 7. the experience reputation and ability of the lawyer or lawyers performing the services 8. whether the fee is fixed or contingent

question

Criminal fraud

answer

False representation of a present or past fact

question

L.a. can bill for time spent copying and other clerical duties

answer

false

question

l.s. that are provided free of charge

answer

Pro bono

question

l.a. represent a profit center at most law firms

answer

True

question

what is e-billing

answer

When law firms bill clients using electronic means such as the internet

question

Trust account

answer

Escrow account

question

It is okay to put an attorney's operating funds in the client trust account

answer

false

question

an attorney can put his/her own money in the client trust account to cover bank service charges

answer

true

question

An attorney cannot commingle multiple client funds into one trust account

answer

false

question

it is alright for an attorney to borrow money from the client trust account as long as it is paid back within one banking day

answer

false

question

what two things should an attorny do regarding a client trust account on at least a monthly basis

answer

reconcile it and sen a written account to every client with fund in the client trust account letting him or her know of all deposits and withdraws for the month

question

according to the model rules an attorney must maintain client trust fund records for at leads ___years after a client's case is concluded

answer

Five

question

With an IOLTA the interest money are paid to the client

answer

False

question

There are usually two restrictions on the kinds of client funds that can go into and IOLTA account

answer

Nominal amounts funds which will be held a short time

question

2 Strats for collecting on client accounts

answer

careful selection of client cases obtaining money upfront sending monehly statements withdrawing from cases where the client does not pay suing the client

question

procedures to set up checks and balances so no one individual has exclusive control of any part of an accounting system

answer

internal controls

question

what is a legal-specific term for entering, organizing, and controlling appointments, deadlines, and due dates

answer

Docket control

question

a legal term that usually refers to docket control and other functions including things to do contacting information case notes and document assembly

answer

Case Management

question

when calculating deadlines what two ways are there to count days

answer

Calendar days and workdays

question

a statement at the end of a court document that certifies or establishes when a document was sent

answer

Certificate of Service

question

two major types of manual docket control systems

answer

Calendars Card system

question

a generic computer program that consolidates a number of different functions including calendaring things to do contact and email

answer

Personal information manager

question

2 features usually found in case management software

answer

Perpetual calendar Date calculator Recurring entries scheduling conflict alert scheduling multiple parties automatic reminders calendaring a series of events from a court rule case contacts synchronizing with PIM/PDA. case diary notes Document assembly/generation legal research library conflict of interest searches email interface document management time and billing/accounting iinterface

question

Why is the case of Bates v. State Bar of Arizona important

answer

It was the United States Supreme Court case that allowed attorneys to publicly advertise under the first amendment right to commercial free speech

question

According to the text marketing is the exclusive duty of attorney

answer

false, most experts on law firm ad. encourage support staff to get involved in marketing efforts

question

what is the diff. b/w marketing and advertising

answer

Ad is simply getting one's name out in the public domain marketing includes much more such as providing quality l.s to clients understanding clients needs fosterin a good rep in the community and building good public relations among other things

question

it is easier to sell a quality product that people want to buy than to sell a product you want to sell

answer

True

question

Before a law firm begins to market it is essential that it have

answer

Marketing Plan

question

what should an effective marketing plan contain

answer

The overall goals of the marketing program strategies and activities that will be necessary to obtain the goals the estimated cost of the marketing program and the estimated profit the successful marketing program would bring in

question

name two ways to obtain research for a marketing plan

answer

study competitiors interview clients survey clients talk to experts on marketing

question

one of the most important things a law office can do is to actually___what marketing techniques are the most successful and then concentrate resources and funds on those methods

answer

track and study

question

When it comes to law firm websites___is king

answer

content

question

5 ways what type or king of advertisement/marketing, any public advertising communication by a lawyer cannot be found to be

answer

web site newsletter brochures p.r. open house business cards public advertising firm seminars direct mail joining associations and community groups sending info to clients cross-seelng developing client relationships thanking clients for referrals and many others

question

ability to bring new clients to a law firm

answer

Rainmaking

question

a law firm ad can guarantee future results based on a recent victory of the film

answer

false this would create an unjustified expectation that the same result could be obtained for other clients without reference to the specific factual and legal circumstance of each clients case

question

according to the model rules a lawyer may advertise services via written, recorded, or electronic communication, including public media

answer

True

question

any ad or marketing piece an attorney or law firm publishes must have 2 things

answer

the name/address of at least one lawyer or law firm responsible for its content it must contain the words "advertising material"

question

An attorney may personally solicit legal business from family and people with whom the attorney has had a close personal or prior professional relationship

answer

True

question

no matter what type or king of advertisement/marketing any public advertising communication by a lawyer cannot be found to be

answer

false misleading

question

3 attributes of an effective file management system

answer

Completeness retention integrityy ease of use security ease of learning adaptability

question

2 types of file systems

answer

alphabetical numerical electronic document management bar coding color coding

question

what does document management software do?

answer

Organizes controls distributes allows for extensive searching of documents typically in a computer-networked environment

question

3 advantages of document management software/ the "paperless office"?

answer

the ability to share information across vast distances excellent tracking and reporting capabilities reduced instance of misfiling ability to easily and quickly create a backup copy of the information reduced space and storage costs ability to quickly search and sort information

question

Legal research comes in a number of formats : 2

answer

hard copy CD ROM Internet Online services

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