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PARALEGALCould you please help me with it? Section One 6 points Explain the differences among law office billing procedures, specifically, the differences involved in billing on a contingency basis, a flat fee basis, and an hourly basis. Section Two 4 points Discuss the advantages and disadvantages of working as a freelance paralegal. Section Three 20 points Discuss the types of cases that would be handled in each of the following five law offices. (e.g., in a probate practice, paralegals would work on wills and trusts.) state attorney general's office public defender's office legal aid office county prosecutor's office private family law practice Section Four 5 points Research the ABA rules of professional of conduct and summarize the sanctions imposed on attorneys for over billing clients. What role does the paralegal play in maintaining accurate billing statements? Section Five 5 points What are the functions of a successful billing system? (2 points) List at least 3 advantages computerized time-tracking has over manual time-tracking. (3 points) Section 6 10 points Identify which tasks can be billed to the client. Client Description of Services 1. Mary Jones Prepare draft of e-mail to client regarding date of hearing. 2. Fred Smith Prepare draft of Deed of Trust, Promissory Note, Addendum to Deed of Trust, and letter to Title Company for flat fee real estate case. 3. PanAm Fruit & Vegetables Prepare draft of letter to Mr. Miller. 4. Dog Sitters Co. Deposit retainer check in Trust account at Friendly Bank. 5. Fred Smith Prepare revision of real estate transfer papers. 6. Karl Clark Witness Interview: Jennifer Miller 7. David Kirscher Prepare draft of Order Granting Hearing on Summary Judgment. 8. Karl Clark Prepare medical chronology 9. Fred Smith Prepare final revision of real estate transfer papers. 10. Gold East, Inc. Organize client file and index documents.?Lesson SixSection One6 pointsExplain the differences among law office billing procedures, specifically, the differences involved in billing on a contingency basis, a flat fee basis, and an hourly basis.A contingency fee is the billing procedures in which the attorney gets no money from the client until there is some financial recovery, settlement or judgment. At that point the attorney will, by agreement, get a percentage of the recovery plus reimbursement for the attorney's out of pocket expenses (filing fees, expert witnesses, etc.). This type of fee is most common in personal injury/malpractice cases. Flat fees are just that. It is a set fee for seeing the matter through to completion. For example, a real estate closing for $300 or a simple will for $500. That is flat fee billing. It is usually paid at the conclusion of the matter. In fact, most state bar rules require that the retainer be kept in the trust account until the matter is completed. An hourly rate is a type of billing in which the attorney keeps track of his or her time and bills the client a set hourly fee every month for the time spent on the case. This is common in litigation, civil matters, and criminal matters. Often, in larger firms, there will be multiple attorneys working on a case and they may bill at different rates. Often in larger firms, the paralegal time is always billed in hours at the paralegal rate. ?Section Two4 pointsDiscuss the advantages and disadvantages of working as a freelance paralegal.Working as a freelance paralegal is often viewed as an interesting and often exciting professional path. It allows paralegal professionals greater freedom in determining the hours they want to work and the attorneys or law firms with whom they want to work. This type of work often eliminates the monotony associated with the paralegal profession, thereby allowing freelance paralegals to enjoy a diverse work environment and varying professional duties. Unlike traditional paralegals, freelance paralegals must be prepared to market themselves in such a manner as to convince attorneys that their services are superior to other freelance paralegals. They must also be constantly in search of new work, and a steady paycheck is never a guarantee. Some states allow a paralegal to work without an attorney helping people with forms and routine documents. BUT: It's illegal to work as a freelance paralegal in California. A paralegal has to work with a licensed attorney. If the paralegal is working by him or herself (not under an attorney), he or she can be sanctioned by the California bar and could lose his or her license to be a paralegal.?Section Three20 pointsDiscuss the types of cases that would be handled in each of the following five law offices. (e.g., in a probate practice, paralegals would work on wills and trusts.)state attorney general's office—Cases involving the State or sometimes a state official. Often the state attorney general’s office is called in as a special prosecutor when a county prosecutor cannot participate in the case because of a conflict of interest. public defender's office—The attorneys in this office represent people that cannot afford a private attorney in criminal matters. legal aid office—This office represents low income people in mostly civil actions such as landlord-tenant disputes, domestic injunctions, consumer problems, and social security matters. county prosecutor's office—represents the “state” or the government in prosecution of criminal matters on a county by county basis. It does not handle federal matters, or matters involving the state government or consumer prosecutions and so on. That is handled by the Attorney general of the state. private family law practice—This attorney or firm would handle such matters as divorce, custody, prenuptial agreements, domestic injunctions, sometimes guardianships, visitation matters and more. ?Section Four5 pointsResearch the ABA rules of professional of conduct and summarize the sanctions imposed on attorneys for over billing clients. What role does the paralegal play in maintaining accurate billing statements??SANCTIONS2.1 ScopeA disciplinary sanction is imposed on a lawyer upon a finding or acknowledgement that the lawyer has engaged in professional misconduct.2.2 DisbarmentDisbarment terminates the individual’s status as a lawyer. Where disbarment is not permanent, procedures should be established for a lawyer who has been disbarred to apply for readmission, provided that:(1) no application should be considered for five years from the effective date of disbarment; and(2) the petitioner must show by clear and convincing evidence:(a) successful completion of the bar examination, and(b) compliance with all applicable discipline or disability orders or rules: and (c) rehabilitation and fitness to practice law.2.3 SuspensionSuspension is the removal of a lawyer from the practice of law for a specified minimum period of time. Generally, suspension should be for a period of time equal to or greater than six months, but in no event should the time period prior to application for reinstatement be more than three years. Procedures should be established to allow a suspended lawyer to apply for reinstatement, but a lawyer who has been suspended should not be permitted to return to practice until he has completed a reinstatement process demonstrating rehabilitation, compliance with a applicable discipline or disability oders, and fitness to practice law.2.4 Interim SuspensionInterim suspension is the temporary suspension of a lawyer from the practice of law pending imposition of final discipline. Interim suspension includes:(a) suspension upon conviction of a “serious crime” or,(b) suspension when the lawyer’s continuing conduct is or is likely to cause immediate and serious injury to a client or the public.2.5 ReprimandReprimand, also known as censure or public censure, is a form of public discipline which declares the conduct of the lawyer improper, but does not limit the lawyer’s right to practice.2.6 AdmonitionAdmonition, also known as private reprimand, is a form of nonpublic discipline which declares the conduct of the lawyer improper, but does not limit the lawyer’s right to practice.2.7 ProbationProbation is a sanction that allows a lawyer to practice law under specified conditions. Probation can be imposed alone or in conjunction with a reprimand, an admonition or immediately following a suspension. Probation can also be imposed as a condition of readmission or reinstatement.2.8 Other Sanctions and RemediesOther sanctions and remedies which may be imposed include:(a) restitution,(b) assessment of costs,(c) limitation upon practice,(d) appointment of a receiver,(e) requirement that the lawyer take the bar examination or professional responsibility examination,(f) requirement that the lawyer attend continuing education courses, and(g) other requirements that the state’s highest court or disciplinary board deems consistent with the purposes of lawyer sanctions.2.9 Reciprocal DisciplineReciprocal discipline is the imposition of a disciplinary sanction on a lawyer who has been disciplined in another jurisdiction.2.10 Readmission and ReinstatementIn jurisdictions where disbarment is not permanent, procedures should be established to allow a disbarred lawyer to apply for readmission. Procedures should be established to allow a suspended lawyer to apply for reinstatement.The role of a Paralegal in the area of billing would be in that, to help the lawyer to correctly bill the clients, both in time, work performed and amount billed. ?Section Five5 pointsWhat are the functions of a successful billing system? (2 points) Time and billing management is a necessary task for all attorneys, regardless of practice specialty and firm size. A successful billing system would be easy to operate, keep the clients accounts separate, yet in order. A successful billing system would also be able to cross-index individuals so as to minimize any conflicts of interests. It should be clear and concise and upgrades should always be available to keep up with upgraded computer systems. Time & Billing software organizes time management, budgeting, and client billing. There are many types of billing software and many different brands and features. Some Features and Functions of Time & Billing Software:Time TrackingTracks billable time; some programs may create reports for individual billing attorneys; Stopwatch feature accurately times tasks; Billable time can be recorded on an hourly, contingent, transactional, or user defined fee individually or firm-wideBill Preparation /Accounts ReceivableGenerates client invoices from firm's billable time records; Immediate access to client's overall balance; Some programs allow for a customizable bill design, easy conversions to to PDF format, and secure delivery of bills via email.General Ledger/Accounts PayableManage your firm's business; Records payments invoices to vendors; Helps prepare mandatory IRS filings; Some programs have a check writing featureTrust AccountingManages clients' deposits on services not yet renderedWorks with Other ProgramsMany time & billing programs are compatible with and can share data with email programs (Microsoft Outlook), financial accounting programs (QuickBooks), and Personal Digital Assistants (Palm Pilots and Pocket?List at least 3 advantages computerized time-tracking has over manual time-tracking. (3 points) Saves time because each task does not have to be written out by hand. Accuracy of addition of hours would be more likely. One system for the entire office and all personnel would make the billing and time tracking run more smoothly. Some Features and Functions of Time & Billing Software:Time TrackingTracks billable time; some programs may create reports for individual billing attorneys; Stopwatch feature accurately times tasks; Billable time can be recorded on an hourly, contingent, transactional, or user defined fee individually or firm-wideBill Preparation /Accounts ReceivableGenerates client invoices from firm's billable time records; Immediate access to client's overall balance; Some programs allow for a customizable bill design, easy conversions to to PDF format, and secure delivery of bills via email.General Ledger/Accounts PayableManage your firm's business; Records payments invoices to vendors; Helps prepare mandatory IRS filings; Some programs have a check writing featureTrust AccountingManages clients' deposits on services not yet renderedWorks with Other ProgramsMany time & billing programs are compatible with and can share data with email programs (Microsoft Outlook), financial accounting programs (QuickBooks), and Personal Digital Assistants (Palm Pilots and PocketIt is more organized and the system will calculate billing hours directly. Fewer mistakes will occur.?Section 610 pointsIdentify which tasks can be billed to the client. ?2/3/5/7/9 can be billed to clients I think.NOTE:My thoughts are that all can be billed to the client except the deposit of the bill into the trust account #4. ?ClientDescription of Services1.Mary JonesPrepare draft of e-mail to client regarding date of hearing.2.Fred SmithPrepare draft of Deed of Trust, Promissory Note, Addendum to Deed of Trust, and letter to Title Company for flat fee real estate case.3.PanAm Fruit & VegetablesPrepare draft of letter to Mr. Miller.4.Dog Sitters Co.Deposit retainer check in Trust account at Friendly Bank.5.Fred SmithPrepare revision of real estate transfer papers.6.Karl ClarkWitness Interview: Jennifer Miller7.David KirscherPrepare draft of Order Granting Hearing on Summary Judgment.8.Karl ClarkPrepare medical chronology9.Fred SmithPrepare final revision of real estate transfer papers.10.Gold East, anize client file and index documents.? ................
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