Non Legal Staff Flashcards
You find that collections are being done by an experienced but unqualified person. Is it professionally in order for such a person to be employed to work independently
Yes the appointment of such person is common practice. however the practitioner must supervise the work and remains ultimately responsible for whatever is done
You find that collections are being done by an experienced but unqualified person. Is it professionally in order for such a person to interview new clients and take new instructions
Yes, however clients may be seen and new matters accepted only in the field of expertise of the non-professional
You find that collections are being done by an experienced but unqualified person. Is it professionally in order for such a person to negotiate with debtors and arrange payments of debts in instalments
Yes these activities fall within the normal duties of collection assistant but the practitioner must supervise the results and give guidance on what should be done
You find that collections are being done by an experienced but unqualified person. Is it professionally in order for such a person to give legal advice generally
No as legal advice is a professional activity and may not be given by support staff.
You find that collections are being done by an experienced but unqualified person. Is it professionally in order for such a person to handle elementary HC matters and to brief counsel
No, HC matters are always specialized and professional work must be attended to by professionals
You find that collections are being done by an experienced but unqualified person. Is it professionally in order for such a person to sign trust cheques
No as this entails abandoning control of trust funds. At most he or she can be a cosignatory
May an attorney allow a secretary to consult with clients and take instructions during his absence
The secretary may interview the client just to take formal instructions but not to consult discuss or provide legal advise. the reason being is that the client is entitled to professional advice and service which the secretary cant provide
Is it professionally acceptable for you as an attorney to appoint an unqualified person who is experienced in debt collections to deal with debt collections entrusted to your firm on his own without your supervision?
It would be unprofessional to allow the person in question to run the collection matters unsupervised. there is however nothing wrong with allowing an unqualified person to do professional work if properly supervised by an attorney who will always bear the final responsibility.
