Ch 1: Role of Lawyer's Assistant

Question 1

What is the best way to provide helpful information and do necessary training for new lawyers (who have learned a great deal about the law and not much about practical realities as where the courthouse is, how pleadings should look, or how to properly bill their time)?

Answer 1

without being condescending or undermining the lawyer’s authority

Question 2

During intake (to prepare for a conflicts of interest check), a client information sheet should be prepared with the complete client name and other relevant information including:

Answer 2

1. trial or docket dates
2. names and contact information for related entities
3. names of client friendly or related parties,
4. names of opposing and adverse parties, and the like

Question 3

New files (both client and subject matter) must clear a check for conflicts of interest before______

Answer 3

being opened

Question 4

A conflict analysis may be made to _____

Answer 4

report and identify any potential conflict issues

Question 5

what is an engagement letter?

Answer 5

letter memorializing the agreement between the lawyer and client, along with fee arrangements and a definition of the scope of representation (often the first formal correspondence between the lawyer and the client)

Question 6

the lawyer’s assistant will organize the file to segregate these main types of subfiles: _____

Answer 6

• client documents
• pleadings
• correspondence
• office memoranda
• emails (both internal and external)
• notes
• etc

Question 7

In a file, most subfiles are organized in what order?

Answer 7

in date order (either chronological or reverse chronological) to locate documents by type and date with ease

Question 8

The lawyer’s assistant is often responsible for maintaining the lawyer’s calendar, frequently called a ______

Answer 8

docket

Question 9

Many malpractice insurance carriers now require _________ to avoid missed hearings, statutes of limitations, and key deadlines such as answer dates.

Answer 9

double calendaring of important dates

Question 10

the lawyer’s assistant can be of considerable assistance in researching____

Answer 10

• fees that are charged by courts or state offices for various filings
• service fees
• addresses of courts, sheriffs, others used in the processing of pleadings;
• court procedures for processing of routine motions, dispositive motions, and filing and distribution of discovery pleadings

Question 11

Lawyer’s assistants may be required to draft documents such as:

Answer 11

• routine pleadings such as notices of hearing, certificates of filing,
• summonses
• accompanying motions
• Many corporate filings
• initial discovery documents
• documents requesting information or patient records

Question 12

Some lawyer’s assistant may do extensive research regarding the contents of the documents that the assistant drafts. Regardless, the assistant’s documents must_______

Answer 12

be thoroughly reviewed by a lawyer

Question 13

Form documents, often called boilerplate or templates

Answer 13

an existing document is used to generate a new document for another case

Question 14

methodical approach to proofreading by reviewing the documents in separate stages:

Answer 14

1. formatting consistency and errors,
2. typographical errors, and last for
3. content errors

Question 15

metadata

Answer 15

a digital document’s coded information identifying changes, who made them, and when

Question 16

when documents are emailed to the client or others, it is important to_____

Answer 16

accept all tracked changes before the document is sent, or the recipient can view the original text of the document, including information from a previous client or case

Question 17

Documents that are sent to opposing counsel should be run through___

Answer 17

a program that strips metadata or the recipient can view the original text of the document, including information from a previous client or case

Question 18

3 time management concerns for lawyer’s assistants:

Answer 18

• the lawyer’s commitments
• must structure his or her work and work area to complete necessary work promptly
• retain the flexibility to respond to emergency needs as they arise

Question 19

how the Lawyer’s assistant can use uncommitted time

Answer 19

The assistant might identify times when the lawyer will not be in the office—court appearances, client appointments, or lunch dates, for example—and the assistant can plan to complete less urgent tasks during those times.

Question 20

reasons to use priority list ranked in order of the urgency of the task

Answer 20

• organize a variety of demands when assigned to multiple lawyers
• prevent lower priority tasks from being forgotten when there is time to attend to them.

Question 21

tips to streamline tasks

Answer 21

-do related tasks at the same time
(make copies, deliver mail to the mailroom, and pick up supplies in one trip)
-gather useful information into one place (table that shows court fees for all state courts on one document)
-identify tasks that can be done ahead of time and tasks that can be delayed when urgent matters arise

Question 22

Three priority levels for work assignments

Answer 22

1. emergencies
2. present time problems and are likely to evolve into emergencies
3. can be done in the ordinary course of business

Question 23

lawyer’s assistants whose abilities are underutilized can gain more duties by:

Answer 23

1. ask what else can be done to assist the lawyer

2. do excellent work whenever additional responsibility is given

Question 24

Membership in NALS can provide:

Answer 24

• additional education (publications, seminars, workshops, and other educational tools)
• career development opportunities (networking)

Question 25

Certification allows the lawyer’s assistant to

Answer 25

receive documentation of a broad range of job-related skills through a nationally recognized certification program

Question 26

NALS® offers these three certification programs:

Answer 26

• ALP™, the basic certification for the legal professional. (less than 3 years)
• CLP/PLS®, the advanced certification for legal professionals. (more than 3 years)
• PP®, the certified Professional Paralegal®. (most requirements)

Question 27

Lawyer’s assistants can:

Answer 27

• supervise data collection, document preparation, legal research, and training of new staff members.
• They can help maintain time and accounting records and draft itemized statements.
• make suggestions for streamlining common tasks.
• draft responses to routine correspondence for the lawyer’s signature.
• improve case or file management to benefit the client,