Law Office Management
Texbook: Practical Law Office Management (4th Edition)
The exam will consist of essay form questions. This will cover chapters 1 to 6. Please select 1 topic from each chapter (1,2,3,4, 5 AND 6). Then summarize each in depth. 1 page per question. Answers will be required to be in APA format and in depth. This will be an open book exam and you will have a week to complete. Please work alone. Please do not email me exams. They will not count unless through the drop box. Plan ahead and try tech support if needed. Once the deadline passes I will be unable to respond to late exams.
CHAPTERS QUESTIONS:
Chapter 1:
What is the difference between a partner or share-holder and an associate attorney?
Chapter 2:
What law prohibits employers from discriminating against people with a disability?
Chapter 3:
Explain what the ABA Model Rules of Professional Conduct are.
Chapter 4:
Based on Rule 1.4 regarding rules of professional conduct, list at least four things an attorney must do regarding client communication.
Chapter 5:
Define criminal fraud.
Chapter 6:
What two things should an attorney do regarding a client trust account on at least a monthly basis?
Law Office Management
Chapter one
What is the difference between a partner or a shareholder and an associate attorney?
Law firm partners, also known as the shareholders, operate business firms according to the structure of the business. For instance, in a sole proprietorship business, only one partner is required (Sinnawi, 2018). Some of the most common business firms with partners or shareholders are; limited liability companies, general partnership as well as professional associates. Some companies consist of two shareholders, known as equity shareholders and non-equity shareholders, according to share of profit.
Equity shareholders hold an essential part of the business where the partners share a portion of the firm, including the benefits (Soltes, Srinivasan, and Vijayaraghavan, 2017). Non-equity shareholders are paid monthly with a fixed amount of money but have limited voting rights. For non-equity partners to upgrade to equity partners, the shareholders need to make a capital contribution to the firm. Non- equity partners may take up to three years before becoming full equity partners.
In contrast, an associate attorney is younger compared to shareholders with the full potential of becoming equity or non-equity partners. Attorneys working in a business firm are considered as associates for nine years before regarded as partners of legally part of the business. Associate attorneys get categorized into senior and junior attorneys according to experience and years of service. For an associate to become a business partner, the attorney should be able to fit into the companies’ culture, the proper understanding as well as a client base (Ramirez, 2018). The difference between a partner and an associate attorney is based on experience and level of seniority. Both considered attorneys, but a partner is a partial owner of the business firm. Non-partners have various responsibilities in a firm, for instance, management of the firm as well as the right to vote (Tilton, 2020). Associate attorneys, on the other hand, receive a salary after every month accompanied by benefits such as transport and health insurance.
References
Ingram, S. (2018). George Washington’s Attorneys: The Political Selection of United States Attorneys at the Founding. Pace L. Rev., 39, 163.
Ramirez, S. A. (2018). Diversity and ethics: Toward an objective business compliance function. Loyola University Chicago Law Journal, 49(3).
Sinnawi, A. A. R. (2018). Merger of Companies and its Impact on Partners and Shareholders.
Soltes, E. F., Srinivasan, S., & Vijayaraghavan, R. (2017). What else do shareholders want? Shareholder proposals contested by firm management. Shareholder Proposals Contested by Firm Management (July 14, 2017). Harvard Business School Accounting & Management Unit Working Paper.
Tilton, M. W. (2020). Writers Beware: Media Liability Exposures for Attorneys and Law Firms. The Brief, 49(2), 42-52.
Chapter Two
What law prohibits employers from discriminating against people with a disability?
The American with Disability Act of 1990, also known as ADA, prohibits employers from discriminating against qualified individuals with disabilities in both private and public organizations (Perkins, 2018). Other laws protect an individual with a disability from discrimination in the workplace; for instance, the rehabilitation act, the civil service reform act as well as the workforce innovation and opportunity act. ADA is the most effective and familiar law where the Act protects individuals with disabilities through offering equal employment opportunities as well as employee benefits such as transportation and accommodation (Murphy, 2017). According to Article 11, the Act prohibits employers from neglecting people with disabilities and denial of employment activities such as payment, promotion, hiring as well as business curriculum activities. ADA covers both employees and more than i5 employees with disability in an organization.
The United States equal employment opportunity commission (EEOC) consists of a website where all guidelines of ADA are outlined as well as the required resources necessary by the organization (Moreno, 2016). In article 11, the government and various states, however, should protect the disabled employees from discrimination where every governmental organization is restricted from discriminating regardless of the number of disabled employees. Employees with disabilities in government institutions should receive financial and accommodation Helpance.
In private companies, ADA protects fifteen or more employees with disabilities, but in public entities, the Act protects any number of people. All laws protecting employees with disabilities share a common goal. The requirements differ according to the services offered, the type of the organization, and the number of employees. For instance, the rehabilitation act stands for funding of any employee with disability programs (Wallin, and Fjellman-Wiklund, 2019). Some of the programs funded include training, research as well as living programs. The workforce innovation and opportunity offer job training and employment programs to persons with disabilities as well as ensures employees with disabilities receive financial support.
References
Moreno, J. F. A. (2016). United States Equal Employment Opportunity Commission v. Vacation Resorts International, Inc.
Murphy, T. P. (2017). Disabilities Discrimination Under the Americans with Disabilities Act. The Catholic Lawyer, 36(1), 3.
Perkins, B. (2018). The ADA and the Fight Against Employment Discrimination, 52 UIC J. Marshall L. Rev. 51 (2018). The John Marshall Law Review, 52(1), 3.
Wallin, S., & Fjellman-Wiklund, A. (2019). Act with respect: Views of supportive actions for older workers after completion of comprehensive vocational rehabilitation services. Work, 62(4), 585-598.
Chapter three
Explain what the ABA Model Rules of Professional Conduct are.
The ABA model rules of professional conduct are the regulations initiated and amended by the American bar of association (Bernstein, 2019). The provisions of professional conduct guide lawyers and govern their relationship and interaction with clients. The model rule is vital for every state where most states have adopted except in California. According to the model, a lawyer is a representative agent of clients in legal matters as well as a legitimate profession with unique responsibilities in maintaining justice. A lawyer undertakes several duties according to the ABA model, acts as an advisor to a client during a legal matter, a negotiator, an advocate, and an evaluator of the client’s practices before a trial.
Lawyer’s ethical standards and conduct must align with the requirement of the ABA module. The lawyer is allowed to use the law but for good during a legal process not to intimidate and harass people (Abramson, 2018). Lawyers must show respect to the court and other court participants, such as judges and court officials, like clerks. The lawyer should follow the legal process and have the authority to challenge official actions during the process. A lawyer is also a state citizen or member, therefore, expected to improve the law and maintain quality services to clients and other citizens (Kim, 2019). Lawyers should have a deep understanding of the law and Help citizens in understanding the requirements and applying the rules where required.
The ABA model of rules and professional conduct ensures lawyers use and provide the right time and resources to everyone, both the privileged and the less privileged. Additionally, lawyers should ensure equality and fairness in access to the system of justice to everyone without considering social or economic challenges (Wendel, 2019). On privacy and confidentiality, lawyers should uphold high levels of secrecy on the client’s matters and provided information. Maintenance of privacy is a way of respect and excellent service to the public, where clients are attracted to get legal advice and services from the lawyer. The ABA model rules of professional conduct are adopted for any qualified and authorized lawyer in preserving society as well as the justice system.
References
Abramson, B. S. (2018). ABA Model Rule 8.4 (g): Constitutional and Other Concerns for Matrimonial Lawyers. J. Am. Acad. Matrimonial Law., 31, 283.
Bernstein, A. (2019). Minding the Gaps in Lawyers’ Rules of Professional Conduct. Okla. L. Rev., 72, 125.
COLBY, K. of the New ABA Model Rule 8.4 (g).
Kim, D. (2019). Regulating Misleading Comparative Lawyer Advertising: Proposed Changes to the American Bar Association Model Rules of Professional Conduct. Geo. J. Legal Ethics, 32, 717.
Wendel, W. B. (2019). Rule of Professional Conduct, Speech Code, or Both. Jotwell: J. Things We Like, 1.
Chapter four
Based on Rule 1.4 regarding rules of professional conduct, list at least four things an attorney must do regarding client communication.
Rule 1.4, also known as communication rule, includes attorneys’ responsibilities and professional conduct while communicating with clients (Wald, 2007). Lawyers should communicate with clients, explain matters, and sometimes withhold information. One, an attorney must consult the client on methods to use to accomplish the required goal in a case. Consultation before taking legal action is necessary for the lawyer. However, in other situations, the lawyer might go ahead and make decisions, for instance, during a trial when making urgent decisions without consultation (McDermott, 2016). After creating an immediate decision, the lawyer, however, informs the client of choice.
The lawyer also should inform the client about the case status, such as challenges, developments, and timing of the representation. Regular communication with the client will prevent the client from seeking information about the image (Jarvis, and Rich, 2016). Nonetheless, lawyers should provide clients requested information immediately.
Clients should have enough information to make decisions regarding the objectives of the matter. In case of negotiation with a client, lawyers should communicate with clients about proposals and ideas made before reaching into an agreement (Bresnahan, and Pera, 2016). The lawyer, on the other hand, is not expected to discuss the process used in negotiation but should meet the client’s expectations and objectives.
Additionally, the lawyer is allowed to withhold information in situations where the client is anxious and might react imprudently (Wald, 2007). For instance, in the case of the client’s mental illness, the lawyer has the right to hold communication, especially when the information would affect the client’s sanity. In this case, the lawyer should not contain the data for a personal benefit, which s against the ABA model rules and professional conduct.
References
Bliss, J. (2020). The Legal Ethics of Secret Client Recordings. Geo. J. Legal Ethics, 33, 55.
Bresnahan, P. A., & Pera, L. T. (2016). The Impact of Technological Developments on the Rules of Attorney Ethics regarding Attorney-Client Privilege, Confidentiality, and Social Media. . Mary’s J. on Legal Malpractice & Ethics, 7, 2.
Jarvis, P. R., & Rich, T. M. (2016). The Law of Unintended Consequences: Whether and When Mandatory Disclosure under Model Rule 4.1 (b) Trumps Discretionary Disclosure under Model Rule 1.6 (b). Hofstra L. Rev., 45, 163.
McDermott, M. (2016). Negotiating on Behalf of Low-Income Clients: The Distorting Effects of Model Rule 4.1. SCL Rev., 68, 1.
Wald, E. (2007). Taking Attorney-Client Communications (and Therefore Clients) Seriously. USFL Rev., 42, 747.
Chapter 5:
Define criminal fraud.
Criminal fraud is any activity using false information or tactics to obtain gains, such as financial gain or access (Kratcoski, and Edelbacher, 2018). Criminal fraud, however, involves concealment of the required and essential information, use of false statements as well as a deception to achieve a need. Fraud criminals acquire properties or services not legally entitled to, which is different from theft and robbery. Criminal fraud is categorized on white-collar crime because most of the time, fraud goes unnoticed compared to criminal offenses. A scheme or artifice convince an individual to offer a property or give out freedom through a false statement (Xingliang, 2019). When a criminal fraud goes to court, the court demands the scheme or artifice to defraud, which has gone through arguments towards the United States fraud statutes.
There are various types of fraud, for instance, bank fraud, wire and mail fraud, insurance fraud, tax fraud, fraud against the government, perjury fraud, as well as welfare fraud(Hawkins, 2016). Bank fraud involves the use of forged checks to withdraw money from a fake bank account, stealing an original cheque from the bank to withdraw cash as well as bank employees taking over and withdrawing the deposited cash with the already available information.
Insurance fraud involves getting an insurance cover through false ways by faking a claim or use of a misleading claim. For instance, an individual may use incorrect information about property damage to acquire compensation or exaggerating the cost to overstate the compensation amount (Buell, 2019). Insurance fraud is common, especially in claiming compensation for an item that never existed in the first place. People go to the extent of causing fire to make a claim.
References
Buell, S. W. (2019). Fraud. In The Palgrave Handbook of Applied Ethics and the Criminal Law (pp. 265-282). Palgrave Macmillan, Cham.
Hawkins, D. (2016). Criminal Wire Fraud. Wisconsin Law Journal.
Kratcoski, P. C., & Edelbacher, M. (Eds.). (2018). Fraud and Corruption: Major Types, Prevention, and Control. Springer.
Liu, D., & Wang, S. (2019). Handling different types of environmental monitoring fraud in multiple ways. International Journal of Environmental Science and Technology, 16(8), 4963-4966.
Xingliang, C. (2019). The Distinction Between Civil Fraud and Criminal Fraud. Law and Modernization, (5),
Chapter 6:
What two things should an attorney do regarding a client’s trust account on at least a monthly basis?
A trust account involves any client’s account or property that is in the hands of a lawyer who is a third party (Burgy, 2017). The report is held by lawyers only if connected to the representation where the account does not take hold of documents or any evidence obtained during an investigation. A trust account includes all trust funds where the attorney must comply with the requirements of the rules and professional conduct.
An attorney shall only deposit legal fees and other legal expenses into the trust account but not any lawyer’s finances (Bernstein, 2019). The accumulated charges get withdrawn when expenses arise. The lawyer shall keep the account documents, including all monthly transactions, for instance, bank statements, records of deposits made as well as canceled cheques and other electronic deals (Bernstein, 2019). Attorneys should hold monthly bank statements because most banks do not keep monthly records. Receipts and disbursements journal is essential for any attorney.
A disbursement journal consists of a list of an event such as transactions for all clients (Mora, 2017). The journal should include dates and amounts of purchase as well as a description, besides a monthly reconciliation between the bank balance and the journal balance, as well as a monthly comparison of scales in the developed ledger account and the bank balance expected to match.
An attorney should have a written plan to monitor the trust account and supervise activities going on. The program includes the lawyer’s actions in signing checks as well as any question and answered about the trust account (Mora, 2017). All the monthly records obtained by the attorneys should get preserved for six years.
References
Bernstein, A. (2019). Minding the Gaps in Lawyers’ Rules of Professional Conduct. Okla. L. Rev., 72, 125.
Burgy, K. (2017). Client Trust Accounts: Model Rule 1.15 and the Variation amongst States. Geo. J. Legal Ethics, 30, 639.
Kess, S., & Mendlowitz, E. (2019). Understanding the Duties of a Trustee in Administering a Trust. The CPA Journal, 89(5), 28-33.
Kim, D. (2019). Regulating Misleading Comparative Lawyer Advertising: Proposed Changes to the American Bar Association Model Rules of Professional Conduct. Geo. J. Legal Ethics, 32, 717.
Mora, N. C. (2017). Client Trust Account Compliance: Exploring Compliance and Fiduciary Responsibilities for Attorneys in California (Doctoral dissertation, Capella University).
