PARALEGAL
Could you please help me with it? Section One 6 points Explain the differences among law
office billing procedures, specifically, the differences involved in billing on a contingency basis,
a flat fee basis, and an hourly basis. Section Two 4 points Discuss the advantages and
disadvantages of working as a freelance paralegal. Section Three 20 points Discuss the types of
cases that would be handled in each of the following five law offices. (e.g., in a probate practice,
paralegals would work on wills and trusts.) state attorney general's office public defender's office
legal aid office county prosecutor's office private family law practice Section Four 5 points
Research the ABA rules of professional of conduct and summarize the sanctions imposed on
attorneys for over billing clients. What role does the paralegal play in maintaining accurate
billing statements? Section Five 5 points What are the functions of a successful billing system?
(2 points) List at least 3 advantages computerized time-tracking has over manual time-tracking.
(3 points) Section 6 10 points Identify which tasks can be billed to the client. Client Description
of Services 1. Mary Jones Prepare draft of e-mail to client regarding date of hearing. 2. Fred
Smith Prepare draft of Deed of Trust, Promissory Note, Addendum to Deed of Trust, and letter
to Title Company for flat fee real estate case. 3. PanAm Fruit & Vegetables Prepare draft of
letter to Mr. Miller. 4. Dog Sitters Co. Deposit retainer check in Trust account at Friendly Bank.
5. Fred Smith Prepare revision of real estate transfer papers. 6. Karl Clark Witness Interview:
Jennifer Miller 7. David Kirscher Prepare draft of Order Granting Hearing on Summary
Judgment. 8. Karl Clark Prepare medical chronology 9. Fred Smith Prepare final revision of real
estate transfer papers. 10. Gold East, Inc. Organize client file and index documents.
Lesson Six
Section One
6 points
Explain the differences among law office billing procedures, specifically, the
differences involved in billing on a contingency basis, a flat fee basis, and an
hourly basis.
A contingency fee is the billing procedures in which the attorney gets no
money from the client until there is some financial recovery, settlement
or judgment. At that point the attorney will, by agreement, get a
percentage of the recovery plus reimbursement for the attorney's out of
pocket expenses (filing fees, expert witnesses, etc.). This type of fee is
most common in personal injury/malpractice cases.
Flat fees are just that. It is a set fee for seeing the matter through to
completion. For example, a real estate closing for $300 or a simple will for
$500. That is flat fee billing. It is usually paid at the conclusion of the
matter. In fact, most state bar rules require that the retainer be kept in
the trust account until the matter is completed.
An hourly rate is a type of billing in which the attorney keeps track of his
or her time and bills the client a set hourly fee every month for the time
spent on the case. This is common in litigation, civil matters, and
criminal matters. Often, in larger firms, there will be multiple attorneys
working on a case and they may bill at different rates. Often in larger
firms, the paralegal time is always billed in hours at the paralegal rate.
Section Two
4 points
Discuss the advantages and disadvantages of working as a freelance paralegal.
Working as a freelance paralegal is often viewed as an interesting and often
exciting professional path. It allows paralegal professionals greater freedom in
determining the hours they want to work and the attorneys or law firms with
whom they want to work. This type of work often eliminates the monotony
associated with the paralegal profession, thereby allowing freelance paralegals
to enjoy a diverse work environment and varying professional duties.
Unlike traditional paralegals, freelance paralegals must be prepared to market
themselves in such a manner as to convince attorneys that their services are
superior to other freelance paralegals. They must also be constantly in search
of new work, and a steady paycheck is never a guarantee. Some states allow a
paralegal to work without an attorney helping people with forms and routine
documents.
BUT: It's illegal to work as a freelance paralegal in California. A paralegal has to
work with a licensed attorney. If the paralegal is working by him or herself (not
under an attorney), he or she can be sanctioned by the California bar and
could lose his or her license to be a paralegal.
Section Three
20 points
Discuss the types of cases that would be handled in each of the following five
law offices. (e.g., in a probate practice, paralegals would work on wills and
trusts.)
state attorney general's office—Cases involving the State or sometimes a
state official. Often the state attorney general’s office is called in as a special
prosecutor when a county prosecutor cannot participate in the case because of
a conflict of interest.
public defender's office—The attorneys in this office represent people that
cannot afford a private attorney in criminal matters.
legal aid office—This office represents low income people in mostly civil
actions such as landlord-tenant disputes, domestic injunctions, consumer
problems, and social security matters.
county prosecutor's office—represents the “state” or the government in
prosecution of criminal matters on a county by county basis. It does not
handle federal matters, or matters involving the state government or consumer
prosecutions and so on. That is handled by the Attorney general of the state.
private family law practice—This attorney or firm would handle such matters
as divorce, custody, prenuptial agreements, domestic injunctions, sometimes
guardianships, visitation matters and more.
Section Four
5 points
Research the ABA rules of professional of conduct and summarize the sanctions
imposed on attorneys for over billing clients. What role does the paralegal play in
maintaining accurate billing statements?
SANCTIONS
2.1 Scope
A disciplinary sanction is imposed on a lawyer upon a finding or
acknowledgement that the lawyer has engaged in professional
misconduct.
2.2 Disbarment
Disbarment terminates the individual’s status as a lawyer. Where
disbarment is not permanent, procedures should be established for a
lawyer who has been disbarred to apply for readmission, provided that:
(1) no application should be considered for five years from the effective
date of disbarment; and
(2) the petitioner must show by clear and convincing evidence:
(a) successful completion of the bar examination, and
(b) compliance with all applicable discipline or disability orders or rules:
and
(c) rehabilitation and fitness to practice law.
2.3 Suspension
Suspension is the removal of a lawyer from the practice of law for a
specified minimum period of time. Generally, suspension should be for a
period of time equal to or greater than six months, but in no event should
the time period prior to application for reinstatement be more than three
years. Procedures should be established to allow a suspended lawyer to
apply for reinstatement, but a lawyer who has been suspended should not
be permitted to return to practice until he has completed a reinstatement
process demonstrating rehabilitation, compliance with a applicable
discipline or disability oders, and fitness to practice law.
2.4 Interim Suspension
Interim suspension is the temporary suspension of a lawyer from the
practice of law pending imposition of final discipline. Interim suspension
includes:
(a) suspension upon conviction of a “serious crime” or,
(b) suspension when the lawyer’s continuing conduct is or is likely to
cause immediate and serious injury to a client or the public.
2.5 Reprimand
Reprimand, also known as censure or public censure, is a form of public
discipline which declares the conduct of the lawyer improper, but does
not limit the lawyer’s right to practice.
2.6 Admonition
Admonition, also known as private reprimand, is a form of non-public
discipline which declares the conduct of the lawyer improper, but does
not limit the lawyer’s right to practice.
2.7 Probation
Probation is a sanction that allows a lawyer to practice law under
specified conditions. Probation can be imposed alone or in conjunction
with a reprimand, an admonition or immediately following a suspension.
Probation can also be imposed as a condition of readmission or
reinstatement.
2.8 Other Sanctions and Remedies
Other sanctions and remedies which may be imposed include:
(a) restitution,
(b) assessment of costs,
(c) limitation upon practice,
(d) appointment of a receiver,
(e) requirement that the lawyer take the bar examination or professional
responsibility examination,
(f) requirement that the lawyer attend continuing education courses, and
(g) other requirements that the state’s highest court or disciplinary board
deems consistent with the purposes of lawyer sanctions.
2.9 Reciprocal Discipline
Reciprocal discipline is the imposition of a disciplinary sanction on a
lawyer who has been disciplined in another jurisdiction.
2.10 Readmission and Reinstatement
In jurisdictions where disbarment is not permanent, procedures should be
established to allow a disbarred lawyer to apply for readmission.
Procedures should be established to allow a suspended lawyer to apply for
reinstatement.
The role of a Paralegal in the area of billing would be in that, to help the
lawyer to correctly bill the clients, both in time, work performed and
amount billed.
Section Five
5 points
What are the functions of a successful billing system? (2 points)
Time and billing management is a necessary task for all attorneys,
regardless of practice specialty and firm size. A successful billing system
would be easy to operate, keep the clients accounts separate, yet in order.
A successful billing system would also be able to cross-index individuals
so as to minimize any conflicts of interests. It should be clear and
concise and upgrades should always be available to keep up with upgraded
computer systems. Time & Billing software organizes time management,
budgeting, and client billing. There are many types of billing software and
many different brands and features.
Some Features and Functions of Time & Billing Software:
Time Tracking
General Ledger/Accounts Payable
Tracks billable time; some programs
Manage your firm's business; Records
may create reports for individual billing payments invoices to vendors; Helps
attorneys; Stopwatch feature
prepare mandatory IRS filings; Some
accurately times tasks; Billable time
programs have a check writing feature
can be recorded on an hourly,
contingent, transactional, or user
Trust Accounting
defined fee individually or firm-wide
Manages clients' deposits on services
Bill Preparation /Accounts
not yet rendered
Receivable
Works with Other Programs
Generates client invoices from firm's
billable time records; Immediate access Many time & billing programs are
compatible with and can share data
to client's overall balance; Some
programs allow for a customizable bill with email programs (Microsoft
Outlook), financial accounting
design, easy conversions to to PDF
format, and secure delivery of bills via programs (QuickBooks), and Personal
Digital Assistants (Palm Pilots and
email.
Pocket
List at least 3 advantages computerized time-tracking has over manual timetracking. (3 points)
1. Saves time because each task does not have to be written out by
hand.
2. Accuracy of addition of hours would be more likely.
3. One system for the entire office and all personnel would make the
billing and time tracking run more smoothly.
Some Features and Functions of Time & Billing Software:
Time Tracking
General Ledger/Accounts Payable
Tracks billable time; some programs
Manage your firm's business; Records
may create reports for individual billing payments invoices to vendors; Helps
attorneys; Stopwatch feature
prepare mandatory IRS filings; Some
accurately times tasks; Billable time
programs have a check writing feature
can be recorded on an hourly,
contingent, transactional, or user
Trust Accounting
defined fee individually or firm-wide
Manages clients' deposits on services
Bill Preparation /Accounts
not yet rendered
Receivable
Works with Other Programs
Generates client invoices from firm's
billable time records; Immediate access Many time & billing programs are
compatible with and can share data
to client's overall balance; Some
programs allow for a customizable bill with email programs (Microsoft
Outlook), financial accounting
design, easy conversions to to PDF
format, and secure delivery of bills via programs (QuickBooks), and Personal
Digital Assistants (Palm Pilots and
email.
Pocket
It is more organized and the system will calculate billing hours directly. Fewer
mistakes will occur.
Section 6
10 points
Identify which tasks can be billed to the client.
2/3/5/7/9 can be billed to clients I think.
NOTE:
My thoughts are that all can be billed to the client except the deposit of
the bill into the trust account #4.
Client
Description of
Services
1.
Mary Jones
Prepare draft of e-mail to client regarding date of
hearing.
2.
Fred Smith
Prepare draft of Deed of Trust, Promissory Note,
Addendum to Deed of Trust, and letter to Title Company
for flat fee real estate case.
3.
PanAm Fruit &
Vegetables
Prepare draft of letter to Mr. Miller.
4.
Dog Sitters Co.
Deposit retainer check in Trust account at Friendly
Bank.
5.
Fred Smith
Prepare revision of real estate transfer papers.
6.
Karl Clark
Witness Interview: Jennifer Miller
7.
David Kirscher
Prepare draft of Order Granting Hearing on Summary
Judgment.
8.
Karl Clark
Prepare medical chronology
9.
Fred Smith
Prepare final revision of real estate transfer papers.
10.
Gold East, Inc.
Organize client file and index documents.