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ACALA
This manual includes information pertaining to our firm’s background and structure, internal firm organization, file handling procedures, and billing practices.
Training Manual
INTRODUCTION
ACALA is a large criminal defense firm that provides quality representation to criminal
defendants. Corporations are a very old type of business that issues stocks, which
makes raising capital easier than with a partnership or LLC. Corporations exist mainly to
shield shareholders and owners from the liabilities of the company. This, however, is a
privilege that we pay for because profits are taxed both on the corporate level and on
dividends. This differs from limited liability corporations offer limited liability protection to
owners and members, and profits go directly to the members. It also differs from a
partnership. A partnership is an association of two or more people engaged in a
business enterprise in which the profits and losses are shared proportionally.
POSITIONS IN THE LEGAL OFFICE
LEGAL SECRETARIES
Provides legal secretarial and clerical support services to attorneys. Duties performed
include, but are not limited to: act as liaison between attorneys and clients; routes or
initiates responses to phone calls on behalf of attorneys; utilizes advanced knowledge
of legal terminology, MS Word and information processing software; applies district and
circuit court rules and protocols; edits and proofreads initial drafts; performs cite
checking and assembles copies with attachments for filing and mailing; receives,
screens, and refers telephone and in-person callers; reviews outgoing mail for accuracy;
maintains correspondence control; prepares correspondence by either drafting from
general instructions or typing in prescribed format; prepares memoranda for the
attorney’s signature; and organizes the attorney’s case files and is responsible for other
case management functions as assigned.
PARALEGALS
Provides a full range of paralegal and mitigation services to attorneys on a variety of
cases (e.g., white collar fraud, drug possession, drug trafficking, firearms,), including but
not limited to: conduct legal research and writing, draft pleadings, comprehensive
reports, sentencing documents, and correspondence; retrieve and analyze social history
documents; video, edit, and finalizing sentencing mitigation videos, assist in every
aspect of case preparation on file management, assist with client communications,
coordinating witnesses for trial and hearings, conduct interviews, develop and maintain
research banks and assist with training.
INVESTIGATORS
Performs investigative duties and responsibilities including but not limited to: conduct
interviews to corroborate facts; locate fact witnesses and experts; conduct open ended
interviews with sources to develop other leads and information; gather records; locate,
view and retrieve tangible evidence; photograph crime scenes and evidence; maintain
filing and information reference systems; write comprehensive reports; possess
knowledge of computer applications; and possess a working knowledge of the criminal
justice system. Travels frequently.
RECEPTIONIST
Provides a variety of front-desk clerical support services to the office staff. Duties
include: receiving, screening, and referring or directing telephone calls; answering
general inquiries and providing basic information; screening collect calls from
incarcerated defendants; furnishing information to clients, members of the general
public, court personnel, and the bar regarding staff availability and/or court schedules;
greeting and directing visitors; receiving and routing mail and deliveries; arranging for
courier or express mail service; processing outgoing mail; delivering court documents
and other documents as appropriate; assisting with word processing tasks and other
assignments; and operating office equipment.
INTERPRETER
Provides oral and written interpretation/translation services (to and from English)
between members of the defense team and its client(s). Interprets/translates: legal
documents, correspondence, transcripts, treaties, psychological, medical and other
forensic reports and records, legal provisions, and other case-related documents, audio
and video tape recordings; attorney-client interviews, witness interviews, telephone
conversations and jail visits, interviews by experts such as psychologists, psychiatrists,
polygraph examiners, sociologists, and other forensic experts retained by the firm on
behalf of a client; official court proceedings, and pre-sentence interviews. Maintains the
confidentiality of all interpreted communications, and the fact of such communications,
at all times. Evaluates translations performed by other interpreters based on his/her
knowledge of the language, including the idioms and dialects. Remains impartial in all
situations, interpreting accurately and completely, without regard to the content of the
communication.
LAW CLERK
The responsibility of a law clerk is to provide the assistance to a judge while researching
issues before the court and in writing. The law clerk assists the judge with making legal
determinations. You will also be responsible for providing assistance in the courtroom,
perform legal searches, draft trail briefs and legal documents. You will also be able to
research and write bench memoranda, deliver subpoenas, take sworn statements from
witnesses and make recommendations on the disposition of appeals.
LEGAL SECRETARY
Responsibilities will be to prepare and file legal documents, assisting lawyers, prepare
legal papers and correspondence, such as summonses, complaints, motions, and
subpoenas. Other responsibilities will be to send out mail, faxes and make
arrangements of legal correspondence to clients, witnesses and court officials. You will
also need to schedule and make appointments for clients.
CRIMINAL PSYCHOLOGIST
Responsibilities will be helping to analyze the behavior of clients, interviewing offenders,
intelligence analysis, offender profiling, interviewing and rehabilitation of offenders.
LEGAL RESEARCHER
Responsibilities will be to help assist the attorneys, paralegals and legal staff with
additional help that is needed working cases.
GENERAL COUNSEL
Responsibilities include leading corporate strategic and tactical legal initiatives, manage
legal functions, and oversees the work of outside counsel. You will identify proactive
solutions that will eliminate risks, base your decision making process on ethics, draft
agreements that will minimize risks and legal rights, meet legal objectives and keep
abreast of legislative changes.
NON-EQUITY PARTNER
This position is between a partner and an associate. This position is ideal for one who’s
ambition and drive is to become a partner, but still needs to work on different areas they
may need to grow in. A non-equity partner does not invest into a company like an equity
partner, and also requires less work hours, so this would be ideal for a person just
starting a family or an elderly lawyer who wants to work less hours.
The main responsibility of the non-equity partner is to bring new business to their firm.
They also are expected to have strong interpersonal skills, a great work ethic, and have
valuable legal skills.
LAW OFFICE MANAGER
The primary duty of the Law Office Manager is to make sure the office runs smoothly.
The Law Office Manager assigns different tasks to employees and makes sure those
tasks are completed on time and with accuracy. They also handle all administrative and
accounting aspects. Some other responsibilities a Law Office Manager may conduct is
drafting legal documents such as subpoenas, conducting legal research, answering
phones, payroll, replying to e-mails, scheduling attorney or client appointments,
composing legal memos, or completing other clerical duties. A Law Office Manager
sometimes even trains new employees.
To become a law office manager, one must earn at least an associate or bachelor's
degree in paralegal studies. A law office management or administration degree would
also be very beneficial for added knowledge.
IT COMPUTER SYSTEMS ADMINISTRATOR
Responsible for the best cost effective technology for the legal firm. In charge of
installing, deleting and changing various computer related programs or databases.
Responsible for network security, maintenance of computers in the legal firm,
troubleshooting, creates back-ups.
Responsible for training IT associates, schedules and holds team meetings to inform
and guide IT associates, leads his team and pushes his team to learn and grow with the
field and effectively communicates assets or weakness to promote growth of IT
associates.
IT COMPUTER SYSTEMS ASSISTANT
Required to research the best cost effective information technology in the legal field.
Attend trainings to excel in knowledge and expertise. Work under an IT Systems
Administrator’s direction. May install, delete or modify computer programs and
databases. The job responsibilities are similar to an IT Systems Administrator except
does not lead a team or manage other workers, but does need to be able to work well in
a group.
SENIOR EQUITY PARTNER
A Senior Equity Partner runs the daily organizational services of a law firm. Senior
Partner will directly manage the law firm’s legal and technical support teams and be
accountable in coordinating new cases that are assigned to them. Senior Partner
coordinates legal support on organization resources and supervises the office.
Duties may include: To chair all meetings of the Partners and to extend the efficiency of
those meetings; characterize the Firm in the outer market-place as representative,
presenter and figure-head; supervise inter-Partner relationships, and to guidance and
advice Partners; operate as the connection and moderating influence among the Board
and the Partners, so as to attain or facilitate the capability to move the business forward
without interference from Partners and Partnership Politics; aid the Board, the Managing
Partner and the Executive Management Team in the growth and performance of the
firm’s strategy; acquire part in the Firm’s Partner Appraisal program; and etc.
MANAGING PARTNER
The Managing Partner performs duties as the firm’s chief executive officer. Managing
Partner is responsible for the firm’s general management. Managing Partner supervises
and coordinates the pains of a legal team, including finances and legal practice area
organization and case assignment.
Duties may include: Organize the firm’s practice between its practice departments;
control the firm’s committees; oversee the firm’s administrative directors; assemble with
the associates and support staff; promote and supervises compliance with firm policies
and measures; oversee the firm’s financial performance; ensure the firm’s observance
with ethical principles; ensure compliance with legal obligations; and etc.
ADMINISTRATOR
Administrator is accountable for overseeing all the law office's organizational functions,
as well as services, human resources and information services. Manage division
managers in accounting, human resources, office services, IT services and profit
management. He or She reports to a management committee, executive director or
Managing Partner.
Duties may include: Increase and cultivate an arrangement of vendors for equipment,
supplies and human resources, as well as negotiate condense and leases for office
space and tools; provide the firm's Managing Partner, managing committee or executive
director with ordinary amends on matters stirring the firm's procedures and employment;
help as a connection among a law firm's headquarters or main office and its other
offices; build and enforce the firm's annual budget by tracking finances throughout the
year; control managerial areas, counting, promotion, human resources and finance;
perform in or administering important planning; and etc.
ASSOCIATE ATTORNEY
Associate Attorney supervise litigation cases and resolve legal disputes on client’s
behalf by developing agreements, debating contacts, settling claims. Work in a broad
range of fields, by covering from corporate law to criminal law.
Duties may include: Research and analyze the law on complex issues and writing briefs
for compliance to a supervising lawyer; arrange legal research and study into a logical
written brief or memorandum for submission to a customer arbitrator; appear in a court
or arbitration on client’s behalf, as well as demonstrating well-reasoned arguments to
the court; summarize and analyzing complex legal documents, as well as contracts, and
suggesting adjustment to those documents; execute discovery of a variety of
electronically stored information and hard copies of information in preparing for
litigation; debate with outside parties on contractual matters and legal disputes; foresee
and extenuate possible legal issues within the law firm or for a customer — and
increase strategies to evade costly litigation and decrease possible areas of risk;
perform due diligence in legal issues with reference to contracts, agreements; and etc.
ASSOCIATE – ENTRY LEVEL
Associate Attorney performs research, writes memoranda and legal briefs, and supplies
suggestion, opinions and other legal aid to companies and individuals.
May commence, defend or prosecute litigation or arbitration on the client's account.
Duties may include: Develop cases by conducting discovery and drafting motions and
briefs; conduct trials and hearings; provide Legal Support by conducting case related
research into relevant laws and regulations; oversee agreement to legal documents;
plan and present arguments and counter-arguments in a court of law; and etc.
ASSOCIATE ATTORNEY – JUNIOR
Junior Associate Attorney is responsible for defending individuals charged with crimes.
Junior Associate Attorney represents their clients in the court of law.
Duties may include: Collect information from a number of resources such as the law
enforcement, the investigators handling the case and the witnesses; remove all the
facts of the charges filed against the client; gather the facts connected to the case and
then prepare a strong defense that will help acquit the defendant in the court; conduct
analysis and complete study of the case; be involved jury selection, trials and
sentencing and/or plea bargaining; make sure that all discussions with the clients are
confidential; assist the client understand the reality of their case, which in several cases
may even direct to pleading guilty; assist the defendant deal with the consequences of
facing the criminal charges and aid him/her until the conclusion of the case; and etc.
LAW CLERK
Law Clerk will support attorneys by collecting and coordinating information for legal
documents; studying and researching law; gathering case materials; preparing reports
and memoranda.
Duties may include: Organize legal drafts by collecting and coordinating information for
legal forms and documents, as well as complaints, responses, discovery requests,
declarations, and other pleadings; research laws, constitutions, statutes, court opinions,
regulations, including by using regular print texts and/or computers; collect case
materials by organizing and summarizing documents and evidence; prepare for trial by
organizing exhibits, trial briefs, evidence, subpoenas, and motions; protect law firm's
standards by maintaining client information confidential; build up firm's reputation by
accepting ownership for achievements of new and diverse requirements, and etc.
FILE HANDLING PROCEDURES
ACALA Law Firm’s internal process of handling of a case from beginning to end
1) Potential client calls office and speaks with the Receptionist about setting up an
appointment with one of the attorneys in the office.
2) The Receptionist would gather simple information about the case, such as
whether it's a misdemeanor or a felony and if it's a state or federal court
jurisdiction. This will help the receptionist point the potential client in the right
direction and determine which attorney in the office specializes in that type of
case. If a client calls about a potential drug case, the receptionist can direct them
to the attorney that specializes in that case and transfers over the call so that
they can set up an appointment with them specifically. Once the client is
transferred over to the attorney they would set up schedule an appointment with
the attorney and the receptionist would either schedule the appointment or pass
the call along to the attorney's legal secretary/assistant for direct access to
calendar entries. Once the appointment has been scheduled, the attorney and
paralegal, if needed, would be notified.
3) The Attorney then meets with the potential client, and discusses all the facts of
the case with possible arguments and defenses. Afterwards, if the client chooses
to hire the firm, an electronic case file will be opened for the client and an
agreement and retainer will be signed by the office and client.
4) The case is now accepted by the Equity partners and the Attorney.
5) If the client does not speak, read or write English then the Interpreter will assist
the attorney, paralegal, or investigator with translation of language between the
client or any witnesses.
6) The Case files will be maintained by the Legal Assistant. They would be in
charge of saving all document filings, docket entries and calendar events into the
file. They would also keep track of timekeeping by having everyone working on
the case summit time cards at the end of the day.
7) The Paralegal will be in charge of drafting the necessary documents and
conducting legal research to assist the attorney. The paralegal may also review
with the client and ensure that no conflict of interest is a part of the case. They
will also upload all discoveries in the electronic case file and review it. They
would also review the discovery with the client and take notes.
8) The Investigators would assist the attorney and paralegal by investigating the
case. They would locate witnesses and serve subpoenas. They have access to
use special software to locate information that will strengthen the client’s case.
9) The IT Computer Systems Administrator will apply technical expertise to the
implementation, monitoring, or maintenance of the computer systems to provide
the necessary support if it is required. The IT Computer Systems Assistant will
work under the Administrator's direction.
10)The Law Office Manager will perform supervisory responsibilities in accordance
with the current County, and provided the paralegal, administrative and
secretarial support for the Department in case it is required by the case.
11)The Legal Administrator may help prepare strategic and financial plans to
manage budgetary challenges that may occur or to prevent them from occurring.
They will also oversee the daily operations and management of the firm.
12)The Law Clerk will then provide assistance in the bail motions and hearing by
performing legal research and writing memorandums, orders and opinions. They
will also draft legal documents and take sworn statements from witnesses.
13)The Assistant Attorneys will assist the senior attorneys with any relevant legal
knowledge and data to assist in dismissing or winning the case.
14)The case will then go to trial until final verdict and the services will conclude with
the client refunding any unused funds from the retainer agreement.
BILLING PRACTICES
AGREEMENT FOR LEGAL REPRESENTATION
CRIMINAL DEFENSE RETAINER CONTRACT
ACALA requires a written agreement to allow both attorneys and the client to refer to if
there is ever an issue with billing. Every client is required to pay a retainer at the
beginning of any case which is a down payment that will be applied toward the total fee
billed. Only once the client has signed for and paid the retainer, will any attorney be
held responsible for legal services. The funds will be placed into a client trust account
and will be used solely to pay for legal fees of that client. Client money will not be
transferred from the trust account until the service is performed by the lawyer or
paralegal, where then it will be transferred into the firms account. If for any reason there
is anything left once the case has commenced, all unused money will be refunded to
the client. There will be an hourly fee for any work done by an attorney, as well as an
additional hourly fee for all work done by a paralegal. Each client will be presented with
an invoice with all of their fees.
I, ________________________________, wish to retain ACALA regarding
________________________________________________.
I. Flat Fee
I, the undersigned client, understand that I am paying an hourly fee of
$_________per hour for the legal matter described above. I understand that the hourly
fee will cover the following:
(1) a trial [bench or jury] in the matter(s); (2) an appeal, including an interlocutory
appeal; (3) and any other expenses required for representation in the matter. The
amount for which the undersigned client [and any other party designated as jointly and
severally responsible for payment of the fee] is responsible under subsections (1)
through (3) shall be determined by agreement of the parties and said amount is hereby
incorporated into this contract.
If the undersigned attorney determines that a trial is necessary to resolve the
matter, then a meeting between the attorney and client will occur. The attorney and
client will determine the necessary actions including fees, for all aspects of trial
preparation and the actual trial of the matter whether to proceed to trial, as well as if the
matter is actually tried. (__________) initial
II. Expenses
I, the undersigned client, understand that I will be responsible for all expenses
associated with the litigation of the legal matter. These expenses may include, but are
not limited to: depositions and court reporting services, toxicology records, transcript
fees, video and intake photograph copying fees, medical records, driving records,
Circuit Court filing fees, private investigator fees, expert witness fees, and accident
reconstruction fees. I agree that all fees will
be satisfied within 30 days of receiving an invoice from this attorney’s office.
I, the undersigned client, agree to pay an Attorney retainer fee as a deposit upon
commencement of services, which will be held in a separate trust account and used
solely to pay any legal expenses, legal fees and any additional time spent on the case
until conclusion. Client hereby authorizes Attorney to withdraw any funds necessary
from the trust account to pay for any fees associated with the case. Any funds not used
for any of the expenses and costs of the legal services provided upon conclusion of the
case will be refunded to the client within 60 days after final closing (_________) initial
III. No Promises or Guarantees of Outcome
I, the undersigned client, acknowledge that ACALA have not and will not
guarantee or promise the outcome of any case. On occasion, I may ask the opinion as
to the outcome of a case. If the attorney chooses to opine as to the possible outcome, I
understand that the attorney can never know for sure what the outcome will be in any
case, but may (from experience with the particular judge, prosecutor, or type of case) be
able to give an educated opinion as to a range of possible outcomes. However, I agree
that ACALA cannot and will not promise or guarantee that any predicted outcome will
occur. (__________) initial
IV. Client’s Responsibilities
I, the undersigned client, agree to inform the staff of ACALA of any and all
address, email, facsimile number, mobile phone number, and other telephone number
changes, to appear on reasonable notice for office appointments and court
appearances, and to comply with all requests made by the undersigned attorney in the
preparation and presentation of the legal matter. I, the undersigned client, understand
that it is my responsibility to contact the undersigned attorney or staff with any questions
and concerns relating to the legal matter and to fully cooperate with the attorney and
staff by promptly responding to inquiries and requests that were made by the attorney
and staff. I, the undersigned client, agree to thoroughly read and review each and every
document provided by the undersigned attorney, as it is received or as soon as possible
thereafter before contacting the attorney with any questions that could be answered by
a review of said documents. I agree to retain all copies of documents given by the
attorney, and will take action indicated by said documents and to communicate with the
attorney with questions in the time frame outlined in said document, or to call and
request additional time to respond when needed.
I agree to complete and deliver to the attorney all requests quickly and thoroughly as
requested by the attorney or staff. (__________) initial
V. Appointments/Phone Calls
I, the undersigned client, understand that due to client appointments, trial
preparation with clients and witnesses, exhibit preparation time, staff meetings, court
appearances, depositions, and seminars, which are all required to be performed during
usual business hours, there are many times when the attorney cannot take or return my
call promptly. However, I may at any time request to speak with the attorney’s paralegal
to answer any questions I may have about expenses, court dates, schedule
appointments, or forward my inquiry to the attorney so that he may be able respond to
me. (__________) initial
VI. Contacts
I, the undersigned client, understand that the office of ACALA would only like to
communicate the fundamentals of my case with myself. (__________) initial
X. Termination of Contract
I, the undersigned client, understand that termination of this contract is reserved
by the undersigned attorney for reasons such as: non-payment of fees, costs, or
expenses when due or retainer on demand; lack of communication or cooperation; and
subsequent determination of non-merit or personal conflict preventing effective
representation. I, the undersigned client, understand that I may cancel this agreement at
any time, for any reason, without necessity of any reason, by notifying the attorney in
writing to immediately terminate representation in my case and to perform no further
legal services on my behalf. This notice must be in writing, dated and signed by myself,
and must be faxed or hand delivered to the attorney, with proof of service, to become
effective. (__________) initial
I agree to the above terms and acknowledge that I have thoroughly reviewed the above
and foregoing provisions and that I understand and accept the terms and conditions
herein.
DATE:
CLIENT:
OTHER PARTY:
[Describe in the place provided the terms and purpose for which the other party is being
made a party to this contract.]
ATTORNEY:
PORTFOLIO PROJECT REFLECTION
Through the completion of this portfolio project I have learned the different positions in a
law office and exactly what each role does. We worked in a group to complete this
project and this is also necessary and valuable in my future career as a paralegal.
Knowing all of the various roles in the legal office is valuable because when I employed
in this chosen field I will know exactly what each role’s purpose is or what tasks each
person is supposed to complete.
My thought process has changed as a result of this project by allowing me to work in a
group remotely to carry out a specified task to complete a project. I had never worked
on a group project before this class, let alone through only use of the internet. This
project has allowed me to look at other views and opinions and also allow myself to use
others ideas in completion of a project.
If I were asked to do similar projects like this in the future I would try to be more active in
the discussion and in submitting more work than I was able to in this project. My time
has been very limited this session due to unsurmountable family issues around my
infant son and his medical needs, and therefore time was the main issue.
The advice I would give to a student who is just beginning this project is that if you have
any questions to reach out to other members of the group that you were assigned to
and if you are having difficulties understanding the directions, be sure to reach out to
the instructors.
This class taught about all of the various technology involved in the law office in todays
quickly growing age. We learned the importance of keeping time records in regards to
the ethics surrounding billing clients and proving our billable hours. We learned about
case management and different items we must keep in client files. All of these are very
valuable and will help us to become successful in our future careers. I feel this class
met all of the program outcomes because while this class specifically was geared
towards leaning about all of the different tegnology we will be using in our future
careers, each class always builds upon other classes that we have taken prior to
expand our knowledge.