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PROFESSIONAL ETHICS > LAW OFFICE MANAGEMENT > Flashcards

LAW OFFICE MANAGEMENT Flashcards

1
Q

Why do lawyers establish Law offices?

A
  1. Necessity
  2. Desire to be independent
  3. In compliance with RPC-rule 22
  4. Profitability
  5. To achieve dreams
  6. Realization of an ambition
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2
Q

Qualities of a lawyer who intend to establish law offices?

A
  1. Honesty & Integrity
  2. Hardwork & determination
  3. Confidentiality
  4. Organization and perseverance
  5. Commitment
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3
Q

For a lawyer to succeed, he must have?

A
  1. Hardwork
  2. Skills
  3. Goodluck
  4. Values
  5. Experience
  6. Dynamism and innovation
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4
Q

Types of law firm?

A
  1. Sole Practitionership
  2. Sole Proprietorship
  3. Associateship
  4. Partnership
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5
Q

What is Sole Practitionership?

A

This is a unit of practice involving a practitioner practicing alone, but he employs support staff such as; secretary, clerk, dispatch clerk, office assistant etc. to assist him.

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6
Q

Advantages of Sole Practitionership?

A
  1. Flexibility
  2. Quick decision making
  3. Enjoys profit alone
  4. Less stringent requirements
  5. He enjoys privacy & confidentiality
  6. No friction with other members
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7
Q

Disadvantages of sole practitonership?

A
  1. No room for expertise
  2. Slow work output
  3. Considers the brief alone
  4. Death extinguishes practice
  5. He bears the risk and losses alone
  6. Client satisfaction is usually low
  7. Problem of attracting client.
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8
Q

What is Sole Proprietorship?

A

This is a unit of practice involving a legal practitioner who establishes a law firm, works there and employs other legal practitioners to work in the firm.
He takes the decisions alone
The lawyers are fee earners & it is a basic contractual relationship

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9
Q

Advantages of Sole PROPRIETORSHIP?

A
  1. He is entitled to all his profits but has to pay salaries
  2. It allows for expertise
  3. Takes credit for success of the firm
  4. Can specialize in any area of his choice
  5. Enjoyment from home as he has no boss.
  6. There is division of labour between him and the other legal practitioners
  7. It creates employment
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10
Q

Disadvantages of sole proprietorship?

A
  1. Slow decision making
  2. Bears the risk alone
  3. Conflicting opinions may arise
  4. Problem attracting clients
  5. Low quality decisions(since it is made by the sole proprietor alone)
  6. Difficulty in raising capital
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11
Q

What is Associateship?

A

This is a unit of practice whereby two or more practitioners come together to contribute the capital to provide facilities required for a law firm.
They maintain individual practice but each remain a sole proprietor however.

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12
Q

Advantages of Associateship?

A
  1. Low capital needed
  2. Easier to set up
  3. There is room for expertise due to the presence of other associates
  4. Enhances a well furnished office
  5. Not professionally isolated
  6. No sharing of profits
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13
Q

Disadvantages of associateship?

A
  1. Client poaching
  2. Distrust of one another
  3. Conflict of interests
  4. Rivalry amongst associates
  5. Bears the risks and losses alone
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14
Q

What is partnership?

A

This is a unit of practice where two or more legal practitioners wishing to establish a law
firm contribute capital to form a partnership.
2-20

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15
Q

Advantages of partnership?

A
  1. Sharing of financial responsibility
  2. No professional isolation
  3. High quality decisions
  4. Sharing of profits and losses
  5. Room for specialization
  6. Easier to get clients because of professional competence of more people involved
  7. More time for relaxation
  8. Easier to raise capital to set up.
  9. Division of labour
  10. Possibility of having a well-equipped law firm
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16
Q

Disadvantages of Partnership?

A
  1. Joint Liability UNITED BANK OF KUWAIT v HAMMOND
  2. Fraudulent act of one partner may taint the reputation of other partners
  3. There may be mistrust among the partners which may hamper the success of the firm
  4. Slow decision making
  5. Double loyalty
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17
Q

Disadvantages of partnerships?

A
  1. Liability- UNITED BANK OF KUWAIT v HAMMOND
  2. Fraudulent act of one partner may taint the reputation of other partners
  3. There may be mistrust among the partners which may hamper the success of the firm
  4. Slow decision making
  5. Double loyalty
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18
Q

What is business plan?

A

• A business plan is a document containing information about a proposed firm, its goals and the financial projections for it

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19
Q

Contents of a business plan?

A
  1. Name(s) of the practitioner
  2. Name of the firm
  3. Business Address
  4. Business Start date
  5. Type of firm
  6. Goals of the firm
  7. Segmentation of the market
  8. Market competitors
  9. Capital requirement
  10. Borrowing requirement
  11. Security to be provided
  12. Use of funds
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20
Q

What are CLASSIFICATION AND ORGANIZATION OF LAW FIRMS?

A
  1. Small-1-4
  2. Medium-5-9
  3. Large-10 and above
21
Q

Classification of Law firm?

A

SMALL- 1-4
MEDIUM- 5-9
LARGE- 10 and above fee earners

22
Q

Criteria for classification of law firms?

A

CLANS
1. Clients
2. Location
3. Available Facilities
4. Number of lawyers
5. Status of lawyers in the firm

23
Q

Types of Capital for establishing Law Office?

A
  1. Start Up Capital-This is for provision of facilities needed by the firm such as premises, furniture, vehicle,
    office machinery, and equipment
  2. Working Capital-This includes funds for recurrent expenditure-Utilities bills, staff salaries and wages
24
Q

Sources of funds for a Law Firm?

A
  1. Personal funds
  2. Grants
  3. Loans/Overdraft from financial institutions
  4. Monies from relatives and friends
25
Q

How many Description of Law Office?

A
  1. PURPOSE BUILT OFFICE ACCOMMODATION:
  2. OFFICE IN HOME
  3. EXISTING BUILDING
26
Q

Factors to consider when FINDING A LAW OFFICE?

A
  1. Location & Proximity to court
  2. Capital
  3. Clientele
  4. Serene & Neat environment
  5. Compatibility with other businesses
27
Q

How to search for Law premises?

A
  1. Personal scouting
  2. Use of estate Agents
  3. Contact friends and colleagues
  4. Place and look for advertisement in a newspaper
  5. Online research
  6. Oral information
28
Q

What are the requirements for a good Law office?

A
  1. Reception Room
  2. Practitioners’ Room
  3. Supporting Staff Room
  4. Library / conference
  5. Toilet, etc.
29
Q

Methods of attracting clients?

A
  1. Advertising in the Newspapers and lawyers’ publications;
  2. Introduction by existing or former staff;
  3. Recommendation by the existing and former staff;
  4. Inviting applicants from previous advert;
  5. Recommendation by agencies and consultants;
  6. By on-line invitation;
  7. Leaving call for application in Lawyers’ room notice board
30
Q

What are the METHODS OF SELECTING STAFF AND SELECTION PROCEDURE?

A
  1. Performance tests for typists, clerks etc.
  2. Aptitude tests for messengers
  3. Personality tests
  4. By Interview of persons
  5. Job experience and area of specialization
31
Q

Mode of acquiring Law office equipments and machines?

A
  1. By Equipment Leasing
    1. By Purchase
32
Q

Examples of Law Office Machinery?

A

Enables the equipment to function.
1. Vehicles
2. Refrigerator
3. Generator
4. Air Conditioning
5. Television
6. Coffee maker
7. Electric Kettle

33
Q

Examples of Office Equipments?

A
  1. Printers
  2. Typewriters
  3. Photocopiers
  4. Rubber Stamp
  5. Fax machine
  6. Paper Shredder
  7. Computers
  8. Calculators
  9. Projectors
  10. Binding machine
34
Q

Examples of Office Supplies?

A
  1. Envelopes
  2. Business cards
  3. Complimentary slips
  4. Cello tape
  5. Stapler
  6. Invoice
  7. Receipts
  8. Ribbons
  9. Office pins
  10. Seal wax
35
Q

What is Mission statement!

A

A MISSION statement defines the business/firms’ objectives and means of achieving the objectives.
• It represents the short-term goals or aspirations of the firm

36
Q

Draft a mission statement?

A

At XYZ law firm, our mission is to provide impeccable legal services with integrity, honesty and truthfulness.

37
Q

What are vision statements?

A

A VISION statement on the other hand, deals with the firm’s projections.
• They are future structures or long-term goals which the law firm seeks to achieve.

38
Q

Draft a vision statement?

A

XYZ law firm envisions to be the leading provider of innovative legal solutions, renowned for our commitment of justice.

39
Q

CRITERIA FOR SETTING GOALS FOR A LAW FIRM?

A

CRAMS
-Complimentary
-Related to time
-Attainable
-Measurable
-Specific

40
Q

Types of remainder system?

A

Personal reminder systems include personal diary, personal computer, tablets, mobile phones, etc.

• Firm wide reminder systems include index systems, printed forms, tickler slip system, office diary, office computers

41
Q

Advantages of ICT?

A
  1. The use of ICT ensures easier and faster acquisition, transmission, processing, sharing and access to information and other data.
  2. Ensure safety and access to information.
  3. Enhances research and access to relevant legal resources.
  4. Encourages efficient management of the Law Office.
  5. ICT reduces stress and workload and makes for convenience.
  6. Promote confidentiality between lawyers and clients
  7. Saves cost
  8. Use of ICT in law offices encourages a more transparent and efficient record-keeping and accounting procedures.
42
Q

Disadvantages of ICT?

A
  1. Job loss particularly for middle to low class workers.
  2. It increases competitiveness among practitioners
  3. Facilities may be expensive to acquire
  4. High levels of non-ICT literacy may be a limitation for users
  5. Lack of access
  6. Loss of data
  7. Rapid change of technology
43
Q

difference between associateship and sole proprietorship?

A

-The law office accommodation & support staff is used exclusively by the proprietor alone.

-In associateship, the office accommodation & support is shared with other associates.

44
Q

Examples of ICT facilities?

A
  1. Laptops
  2. Scanners
  3. Photocopier
  4. Printer
  5. Sound Recorder
  6. Telephones
  7. Printers
45
Q

Examples of ICT database?

A
  1. Electronic Law Reports-Law Pavilion
  2. Electronic Diaries-Google Calendar
  3. Microsoft Excel
  4. E-Library i.e Westlaw
  5. Microsoft Word and online search engines
46
Q

Examples of ICT database?

A
  1. Electronic Law Reports-Law Pavilion
  2. Electronic Diaries-Google Calendar
  3. Microsoft Excel
  4. E-Library i.e Westlaw
  5. Microsoft Word and online search engines
47
Q

Steps to take to ensure that a witness testimony is well coordinated?

A

Witness briefing and counseling

48
Q

Benefits of witness briefing & counseling?

A
  1. It ensures that the testimony of the witness is well coordinated
  2. it helps the lawyer to ensure that the witness will give only testimonies that are relevant and beneficial to his case
  3. It will help the lawyer to brief the witness on the possible questions that he may be asked during cross examination

PROFESSIONAL ETHICS (13 decks)

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