Large Law Firm structure

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Large Law Firm structure

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n Senior PartnersSenior Partners ultimate control over the firm ultimate control over the firm

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n Junior PartnersJunior Partners all the partners own the firm together all the partners own the firm together

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n Although, how they divide profits depends on their Although, how they divide profits depends on their

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Role of the Paralegal

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n What a paralegal can do: What a paralegal can do:

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n Perform tasks delegated by an attorney and under the Perform tasks delegated by an attorney and under the

supervision of an attorney. supervision of an attorney. n n Draft any legal documents, reviewed by an attorney Draft any legal documents, reviewed by an attorney n n Client intake Client intake n n What a paralegal must be careful to do: What a paralegal must be careful to do: n

n Clearly designate themselves as paralegals in their Clearly designate themselves as paralegals in their

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Types of Billing Arrangements

n n Hourly Rate Hourly Rate n n The client will pay an up front retainer and receive periodic The client will pay an up front retainer and receive periodic bills bills n

n The client should still be given an estimate of over The client should still be given an estimate of over all cost all cost

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n TaskTask based based

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n This works similar to hourly billing This works similar to hourly billing n

n Should have a retainer agreement if total is $3,000 or Should have a retainer agreement if total is $3,000 or

more in some jurisdictions more in some jurisdictions

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n Flat fee (to handle a single matter from start to Flat fee (to handle a single matter from start to finshfinsh ) )

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Billing for Paralegal

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s Work

n n Clients can be billed for paralegal hours at market rate to Clients can be billed for paralegal hours at market rate to the same extent as attorney hours. the same extent as attorney hours. n n Richlin Sec. Serv. Co. v. Chertoff, 128 S. Ct. 2007 Richlin Sec. Serv. Co. v. Chertoff , 128 S. Ct. 2007 (2008) (2008) n n The best practice is, of course, to put the paralegal rates The best practice is, of course, to put the paralegal rates in the retainer agreement. in the retainer agreement. n n Billing includes: Billing includes: n n Keeping meticulous records of time spent on each client Keeping meticulous records of time spent on each client n n Noting what you did for the client during each noted time Noting what you did for the client during each noted time period period n n Submitting your billing info in time for it to be included on Submitting your billing info in time for it to be included on periodic bills sent to the client periodic bills sent to the client n

n Tracking out of pocket costs that should be billed to a Tracking out of pocket costs that should be billed to a

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General Things to be Careful About

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n Enter all disbursement and expenses in each case Enter all disbursement and expenses in each case

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n Institute a calendar system to make sure all deadlines Institute a calendar system to make sure all deadlines

for all motions, filings, etc., are met for all motions, filings, etc., are met

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n (( ““ deadlinedeadline ” ” or or ““ docketdocket ” ” control) control)

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n Master technologies used by your firm, including Master technologies used by your firm, including

calendar software, video conferencing, etc. calendar software, video conferencing, etc.

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n Communicate quickly with other members of your firm, Communicate quickly with other members of your firm,

using email and other methods of instant communication using email and other methods of instant communication

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n Security of client files and information is critical; Security of client files and information is critical;

including: including:

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n Making sure files are locked Making sure files are locked n

n Making sure no one has access to your email account if Making sure no one has access to your email account if

confidential client information will be in that account confidential client information will be in that account

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Court Systems

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n Parallel state and federal systems exist everywhere in Parallel state and federal systems exist everywhere in

the country. the country. n n Some trials occur in specialty courts, such as: Some trials occur in specialty courts, such as: n n Small claims court Small claims court n n Civil court Civil court n

n Surrogate’Surrogate ’s court s court n n Family Court Family Court n n Most trials (especially big trials) occur in the general trial Most trials (especially big trials) occur in the general trial courts. courts. n

n In the federal system, the “ In the federal system, the “district district” court ” court n

n In the state systems, usually the In the state systems, usually the ““ superior” superior ” or or ““ county” county ”

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Jurisdiction in state and federal court

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n Most cases are presumed to be within the Most cases are presumed to be within the jursdiction jursdiction of of

state trial court unless not allowed by: state trial court unless not allowed by:

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n State law; or State law; or n

n Federal Federal ““ exclusiveexclusive ” ” jurisdiction jurisdiction

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n Federal district courts can have subject matter Federal district courts can have subject matter

jurisdiction bases on: jurisdiction bases on:

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n Federal question (e.g., Federal question (e.g., §§ 1331); or 1331); or n n Diversity of citizenship (§ Diversity of citizenship ( §1331) 1331) n n Assuming the amount in controversy is $75,000+ Assuming the amount in controversy is $75,000+ n n Also, for state or federal court to have jurisdiction over a Also, for state or federal court to have jurisdiction over a

case, the state in which the court sits must have case, the state in which the court sits must have

personal jurisdiction over the defendant. personal jurisdiction over the defendant.

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Appellate Courts

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n Above the trial courts, both the state and federal Above the trial courts, both the state and federal

systems contain two levels of appellate courts: systems contain two levels of appellate courts:

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n Intermediate appellate courts Intermediate appellate courts

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n Called “ Called “circuit courts circuit courts” ” on the federal level on the federal level

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n The country is divided into 11 circuit The country is divided into 11 circuit each district court falls each district court falls

under one circuit under one circuit

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n In the state level they’ In the state level they ’re usually called re usually called” ” circuit courts of circuit courts of

appeals

appeals” ” or or “ “appellate division appellate division” ”

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n State and Federal Supreme Courts State and Federal Supreme Courts

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n These courts can decide which cases they choose to hear by These courts can decide which cases they choose to hear by

granting or denying a request for a writ of

granting or denying a request for a writ of certiorari certiorari

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n These courts are the ultimate deciders of their constitutions These courts are the ultimate deciders of their constitutions and laws

and laws

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General Steps in a Civil Action

n n 1) Cause of action arises 1) Cause of action arises n n 2) Client hires law firm to represent her in the case 2) Client hires law firm to represent her in the case n n 3) Initial Client Interview 3) Initial Client Interview n n 4) Initial investigation 4) Initial investigation n

n To determine if there’To determine if there ’s enough merit to bother filing s enough merit to bother filing

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n 5) File complaint and serve on defendant 5) File complaint and serve on defendant

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n 6) Receive and respond to opponent6) Receive and respond to opponent ’s ’ s reponse reponse

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n 7) Discovery/ Negotiations 7) Discovery/ Negotiations

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n 8) Pre8) Pre trial hearings and/or motions trial hearings and/or motions