ALL IN

Employee Training Manuel2017

Backround and Structure

Internal Firm Organization

Internal File handling Procedure

Internal Billing and Practice

General Retainer Form Sample

Firm Pro Bono Retainer Sample

(part 1) Firm Background and Structure

Our Firm:

“All In” Family Law firm is a Medium Sized Partnership that practices family law. We chose to be a partnership because of the Financial gain, it’s much easier to get a partnership started than a corporation. An LLC is also easy to get started, but they’re much harder to financially keep running smoothly. We contain at least twelve but under 50 different personal, from partners to secretaries and receptionists. Below are some of the major Advantages/Disadvantages of setting up the articles of incorporation as a: Partnership, Professional Corporation, and a Limited Liability or (LLC).

1.) Partnership Partnerships are the exact opposite of a corporation. At least one person must be responsible for company debts and litigation, but profits go directly to owners--avoiding the "double taxation (R. Huebsch, 2017)

Advantages: Partnerships are very easy to form--two or more people form a partnership when they work together, Also, partnerships have almost no formal requirements, such as holding meetings

Disadvantages: Disputes in partnerships may arise without a formal agreement, such as how to split the profits, according to Entrepreneur Magazine. Also, each partner retains liability for the other partner's actions no matter what the case.

2.) Professional Corporation:Corporations exist mainly to shield shareholders and owners from the liabilities of the company. Corporations pay for this privilege because profits are taxed both at the corporate level and on dividends, according to the Electric Law Library.

Advantages: Disputes in partnerships may arise without a formal agreement, such as how to split the profits, according to Entrepreneur Magazine. Also, each partner retains liability for the other partner's actions no matter what the case.

Disadvantages: Corporations must hold annual shareholder meetings. This structure is not ideal for small companies because of the annual filing fees. (R. Huebsch, 2017).

 3.) Limited Liability, or LLC

Limited liability corporations offer limited liability protection to owners and members, and profits go directly to the members. Because an LLC is essentially the ideal business structure, many new businesses form as one.

Advantages: LLCs, like partnerships, require few formalities, such as member meetings. Also, this structure is ideal for small businesses for tax purposes. As of 2010, the IRS does not recognize the entity of LLC, according to the IRS website. In 1988, however, the IRS changed its code so LLCs could be taxed as a partnership. In fact, an LLC can choose whether it wants to be taxed as a corporation or partnership. Disadvantages: Since an LLC cannot issue stock, an LLC might find it hard to attract multiple investors, because investors usually want some physical certificate as proof of ownership. Certain types of businesses, such as banks, cannot form an LLC. (R. Huebsch, 2017).

(part 2) Internal Firm Organization

1.) Equity Partner (Managing Equity Partner)

Equity Partners hold a very large stake in the firm. Not only do they own a piece of the firm, they take part in all parts of the company to ensure its success. They’re also responsible for investing money into the firm, understanding that they will bonus off that money if the outcome is good. Equity partners have various roles: managers, owners, and producers. (Kaplan, R. Norton, P.) They’re given the task of training their fellow partners, and other members of the firm, understanding that they’re liable for the actions these individuals make. Equity partners also play the role of a lawyer, doing the functions such as meeting with clients, taking cases, working with paralegals, etc. The role of a Managing Equity Partner is to make sure the firm is running smoothly, handling cases and helping solve problems within the firm or with a case. They’re responsible for money management, leading the management team meetings, communications and business plans.

In a mid-sized firm, the Managing Partner (MP) works with the Executive Director, the Profession Resources Director, Practice Group Leaders, Committees and with other key roles in the Firm that impact client service, morale, administration, the growth and integration of the firm and the development of professionals and staff. The MP’s in most firms are producers of work, managers of people and consensus builders. They are typically elected and serve at the pleasure of the partnership. MP’s should have the following leadership approach: Establishing direction, alignment and commitment, ensuring execution, setting a personal example.

2.) Non-Equity Partner

This role in the firm is both a positive and negative for the individual in its place. It can go one of two ways, you weren’t made an equity partner because you don’t bring enough to the table for the other partners to want to take the risk of making you an equity partner. Or, it could show that the firm is considering making you an equity partner. Either way, if you’re placed in this position, it is safe to say your work output is being watched. (Barnes, H.)

3.) Associate Attorneys

Associate Attorneys have a very similar role with a Paralegal. They typically work under colleagues with more seniority within the firm, occasionally helping that individual with their own case load. They’re also responsible for litigation cases, including the research and case work that’s involved in the process. They meet with clients to discuss matters, and explaining the process and things involved with takin a case to court. Associate Attorney’s must maintain a high level of skill and knowledge of the area of law they represent. Individuals in this role may be looking to advance in the firm, and others may be perfectly fine where they are.

4.) Legal Administrator

This role is responsible for the management of the members if the firm that are beneath an attorney’s rank. They report back to the managing partner with any needs or concerns, and are also responsible for screening and hiring new members, as well as handling disciplinary actions and terminations of non-attorney members,

making schedules and marking down vacation time needed, maintaining and adding items to the employee handbook as needed. (Rose, J.)

5.) Law Office Manager

The primary role of a law office manager is to make sure daily operations go as easily as possible. They assign tasks to all members that are ranked less than an attorney, make sure all documentation is collected and completed for a lawyer in a timely matter. These roles also require a degree in Management as well as a degree in Paralegal studies, so they also deal with case management, training, meeting with clients, also communication and scheduling between the lawyers and attorneys as needed.

6.) Additional manager 1- Finance Manager

The financial administration of the law office including book-keeping, billing, bank account reconciliation and debt recovery. They are also responsible for completing and filing tax documents including employee tax and monthly payroll payments, working with accountants to provide documentation and information required for completing annual accounts and returns. Financial manager manages cash-flow and credit control, their banking duties including checking and processing payments, paying in checks Preparing financial reports including cash-flow forecasts, unpaid bills, profit and loss, and expense budgets. They will also handle the firm trust account.

7.) Additional manager 2- Legal Records Manager

A records manager is responsible for the effective and appropriate management of an organization’s records from their creation, right through to their eventual disposal. They provide access to accurate records for a range of operational and strategic purposes and ensure that legal obligations are met. This includes controlling the number of records created and stored, and identifying which records are to be preserved for historical and research purposes and which should be destroyed. Records management is often closely related to knowledge and information management, as well as information compliance (data protection and freedom of information), and some jobs will be an amalgamation of these roles.

8.) (2) Paralegals (one for each floor)

Paralegals work is substantive and procedural legal work which would otherwise be performed by an attorney. In other words, a paralegal is far more than a lawyer's assistant. Their work includes legal research and presentations, create and maintain legal documents in the case management system and ensure all necessary updates are made. Additionally, the paralegal is usually asked to correspond with clients and must maintain a record of all correspondence, ensuring these records are updated and can be accessed by other authorized members of staff, interview and meet with clients, they will need to get critical information about the case from the client and establish a good professional relationship with them. Paralegals will oversee the calendar in the firm's case management system and must monitor the proceeding of each case and update the system at each juncture.

9.) (2) Legal Secretary ‘s (One for each floor)

Support attorneys in a legal setting. Legal secretaries duties include: Perform transcription and dictation, Schedule meetings and arrange conference rooms, Alert manager about cancelations or new meetings, Manage travel and schedule, Handle information requests, Prepare correspondence and stuff mail into envelopes, Arrange for outgoing mail and packages to be picked up, greet and receive visitor, determine matters of top priority and handle accordingly, prepare agenda for meetings, takes and transcribes dictation, plans events and volunteer activities, maintain office procedures, operate office equipment, such as photocopy machine and scanner, receive and relay telephone messages, direct the general public to the appropriate staff member, maintain hard copy and electronic filing system.

10.) Law Clerk

Legal file clerks are responsible for following a filing system and organizing records, such as letters, legal documents, case files, correspondence, invoices and memoranda according to that system. They locate and retrieve requested files, as well as prepare legal document indices, file folders and labels. They may be responsible for keeping files up-to-date. In addition to filing, legal file clerks may perform other clerical duties, such as handling mail, faxing, using a copy machine, maintaining a calendar, managing office equipment and ordering supplies.

11.) Receptionist

Clients who visit or call law firms interact with legal receptionists who are assigned the responsibility of answering phones and greeting visitors. Thus, they work to welcome visitors and enhance their sense of comfort in a professional ambience. Often, they are engaged in scheduling appointments and informing lawyers about arrivals of clients.

Additional Five Personnel

1.) Children’s AttorneyRepresents the child’s wishes v. representing the child’s best interests. The American Bar Association strongly feels that a child should have an attorney who is the child’s legal representative who will advocate for what the child wants. The attorney must be comfortable with children and understand developmental and psychological issues for children. We have one of these in our staff, for the parents that care about their child’s wishes as to what they want out of their parents, or what they want to happen in the event of a divorce.

2.) A Guardian ad Litem Model of representation allows the guardian to substitute their judgment for the child’s and present what the Guardian feels is in the child’s best interests even though this may differ from what the child wishes. Must be knowledgeable about child abuse and neglect issues, family or juvenile court procedures. Guardian ad litem is an attorney that specializes in children law. This would be a great option to add in our firm as it will allow for the judge to choose one of our own lawyers to do this. It makes the firm stand out.

3.) Arbitrator/Mediator/ConciliatorsArbitrators, mediators, and conciliators facilitate negotiation and dialogue between disputing parties to help resolve conflicts outside of the court system.

4.) Consultant

Because we have set up our corporation as a partnership, we will keep a legal consultant on staff. The legal consultant responsibilities comprise providing legal advice, assisting in handling disputes, analyzing and identifying the legal issues, drafting the legal documents, maintaining correspondence, etc., so that the organization earns maximum profits and that there are no legal actions taken against the organization. This professional needs to guard the company against the possible legal complications. These professionals may have some legal specialties like property, tax, real estate, intellectual, securities, etc. The role and duties will vary according to the field they excel in and will depend on the expectations of the employer as well.

5.) Legal AnalystA legal analyst is someone familiar with laws and legal documents, but is not necessarily an attorney licensed to practice law within a certain state. Legal analysts generally assist attorneys in reviewing and drafting various legal documents, including contracts, filings, discovery material, legal memos and other documents that relate to a legal transaction or court case. The Analyst will respond directly to regulatory and 3rd-party requests. Work closely with attorneys as well as outside counsel regarding various matters. Assist in the production of the quarterly litigation report for senior management. Assist in production of Litigation/Regulatory Reporting. Must have BA degree and 1+ year of big law firm or in-house experience.

6.) Information Technology Specialist The main duties of a firm’s IT Guy is to providing training and support to staff on using software, ensuring software is up to date Researching and testing new software and hardware for business use, ordering hardware and setting this up for use by staff.

7.) Legal Aid/assistants Legal office assistants work under the direction of lawyers and paralegals to help them prepare for meetings, hearings and trials. These professionals frequently undertake research projects for multiple cases to determine precedent, draft or complete legal documents and ensure the correct paperwork is filed with the courts within a specific time period. In many cases, legal office assistants work directly with clients in a non-advising capacity, such as answering questions, scheduling appointments and making sure all court requirements are met. Other routine tasks, such as processing and transcribing documents, entering data, scheduling and taking dictation are common duties of a legal office assistant. They could also handle typical office duties, such as answering phones, managing inventory or performing accounting tasks.

8.) Administrative AssistantAdministrative assistants work for the Office manager/administrator, or law firm partner. In addition to secretarial experience, legal administrative assistants need to have a knowledge of various law practices, as some of their responsibilities include preparing subpoenas and other legal documentation. An associate's degree may be preferred by some employers, although it is not always required. Because our office manager and MP need their own secretary/assistant.

(Part 3) Internal file handling procedures

Case Phase Personnel Duties

1.) Initial Client contact/RetentionProvides potential client with general information intake paperwork to fill out, and return when done . When the client is finished they Inform Paralegal.

Picks up clients paperwork, from receptionist and enters potential clients information into firm case management software to run conflict of interest check. Introduces themselves and sits in with attorney during consultation, takes notes, brings fee agreement and other forms for client to sign if attorney takes case. Creates new client file in case management software.

retention

client intake

Paralegal

Attorney

All In Family law- Internal File Handling Procedures and office personnel duties

"All In" is a law firm that handles and represents clients in a wide variety of case types including but not limited to: Orders of protection, Prenuptial agreements, Dissolutions, Custody disputes, Establishing or Distinguishing paternity, Modifying Orders, Adoptions, CPS Disputes, Relocation, Motions for Reconsideration, Spousal Maintaince, Property

Division, Establishment of Back Child Support, Enforcement, Relationships of Tribal Courts and other Jurisdictions to our State Courts, Protecting Victims and Children of Domestic Violence; as well as, Maintaining Relationships with

Partner Organizations to refer people to agencies able to help with: Counseling, Housing, and even help with Electricity Bills.

gathering of client and case information

Creating new client file into case management system

which creates personnel client calendar, time records for billable hours, case timeline and maintains all client information from case retention until final judgement and even beyond. Case is also accessible 24/7 by all authorized legal office personnel working on the case.

Assesses clients case and its facts. Excepts or declines case. If case is excepted, collects retainer, delivers cash to Financial Manager to put into firms trust account. The financial manager then creates a new client file in the firms electronic accounting software.

Receptionist/ or Secretary

Includes:

Family law broken down by Phases

Attorney

Delegate's to paralegal the documents and motions needed to file, reviews finished document and gives the okay. Is responsible for all documents and case information submitted to court.

Petition

Response

Motions1.) During this stage Attorneys file Motion Hearings for: Discovery, Modification or Enforcement of previous orders.

Contempt Hearing

Paralegal

Sometimes paralegal will give files to file clerk to file with the court

Includes:

Includes:

Paralegals duties during this phase often include, the drafting of such motions, sitting in at the hearings in place of Attorney to take notes

File Clerk

Paralegal

Temporary Order Request

Drafts documents, motions. Gets final approval from attorney. Files the documents with the courts either electronically or by paper, depending on jurisdiction of case. From this point on Paralegal is also in charge of maintaining and updating calendar and tickler system

2.) Attorney may also attend Contempt Hearing for Enforcement of prior court approved agreements/orders.

2.) Initial Document drafting and Filling

3.) Resolution Management conference hearing/temp.

Attorney

Paralegals/or

Legal Aid Assistants

Attorney If the Attorney during any phase of the case is informed, by their legal aid that the case law specific to the current clients case has changed, the Attorney then has a discussion with the client about the laws and how it may impact their case outcome.

Attorney/ Office Manager

**The operations manager, office Manager, or even sometimes the legal analyst will be involved and help Attorney in deciding the best questions to get the most information and create the best defense strategy for case

Forwarding Interrogatories Questions/Answers

Court Recorder

Attorney

ParalegalSettlement Conference/proposals

Mediation or other forms of ADR During this phase if ADR is not in the cards, they will help Attorney to draft statement, and schedule date and time for settlement conference. As well as begin creation of exhibit and witness file index for trial notebook

Beings Family Law is governed by case law and is ever changing. During the entire case it is the Assistant or Paralegals to check domestic relation

periodicals daily or weekly to keep up with current firm cases and inform the Attorney of new laws possibly effecting the case.

Legal Aid/Assistant

Includes:

Negotiations

4.) Discovery/Investigation

During this phase Paralegals are particularly busy. They draft all legal documents, contact the witnesses to facilitate deposition date/time, send out interagatories,gather and submit production request, and even sometimes stand in for Attorney and conduct depositions. They are also in charge of scanning and entering all investigation and discovered information into the case management software and updates the case file

ParalegalInitial rule 49 DisclosuresIncludes:

The recorder records or types an actual transcript of all questions asked and answers provided during the depositions.

Because this phase is extra busy legal helps paralegal, or Attorney to do anything they need help with

If ADR is not an option the Attorney and the opposing counsel set up a meeting in the Judges Chambers to attempt to resolve without court, if no decent offer is

Paralegals play a big role in ADR as they have spent lots of time face to face with the client : Set up date/time of mediation, make direct selection of appropriate mediator, assist case mediation suitability, Influence style and approach

Request for submissions

Request for Document ProductionDepositionsSubpoena's

5.) Trial Preparation

Arbitrator Mediator or conciars otherwise neutral party meets with both sides and try to clarify misperceptions, fill information gaps, and resolve differences over data and case facts. They also review conflicting data or facts and suggest ways for parties to reconcile their differences. Information analysis and suggestions made may be used by parties in other processes such as

Legal Analyst/ Fact Finder or ADR

Identification of exhibit's and Witnessespreparing joint or separate pretrial statement

During the discovery phase Attorneys gather as much information and case facts about the opposing side as legally possible. They do this by finding key elements of opposing sides case and "locking them in" and prepare defense by creating calculated questions to determine who key witnesses will be, who experts will be, and what the expert witness will say. . During this phase Attorneys come up with what to request to investigate and hopefully turn into evidence for leverage, or trial exhibit.

The Attorney will generally not attend ADR meetings, but they will have a meeting with with the neutral party or mediator the day before the ADR meeting to give them the case facts and tell them about the case and what they think might be a good solution so the neutral party will have a good understanding of

General precaution

Substantive Law

Includes: Attorney

Paralegal

Legal Rec. Man.

Turns files over to Legal Records manager

Attorney

Paralegal

In this final phase of the case Attorney bring the case to an end by writing and sending out letter detailing who is to do what. Attorneys also ensure all appropriate deed are completed and recorded

Paralegal make sure that all important documents are returned back to the client and prepares client case file to be turned over to Legal records manager

Includes:

7.) Clean Up and Implementation

Sends final letters return of doc to client

When case is done with litigation, the Legal records manager records and saves case file for a certain period of time. After which they destroy all case files.

Appears in court and presents clients case defense to courtroom, questions witnesses, displays evidence as exhibits

Puts together the trial notebook and helps make sure any and all equipment runs smooth and is connected to the internet, coordinates rides for witnesses, brings lunch for client and Attorney.

6.) Trial

Put witnesses on the stand

Present evidence

Argue clients case

Functions/operatorsParalegals Creates initial client file, which runs the initial conflict of interest check

Case Management Software AttorneyOperations Man

Managing PartnerRecords accurate Time keeping for each case

Legal Records Man Any allows access to confidential files from authorized persons assigned to caseSets Statute of limitations deadline according to case type and jurisdiction

Discovery and filing deadlinesDual Calendaring system that records: Court appearances, practice area specific deadlines and dates, tickler systemMaintains (master) firm wide calendar

Accounting Software Financial Manager

Besides sending out monthly invoices our office accounting software also:Accounts receivable/ accounts payable

Profit and loss reports for taxes and tax purposesLinked to firm trust account maintains accurate balanceCreates and writes all payroll checksKeeps accurate record of all money clients have paid.

Law Librarian

During the coarse of a case, time records are recorded by both the office management software and the Attorneys, Paralegal/Assistants and other

authorized persons working on the case for billable hours of time spent on each case. These time records are printed out at the end of each week by each of the

authorized users and sent to the Financial Manager who then enters the information into the office Accounting software, so they can send the client out

Maintains chronological timeline for each case, which may be presented at clients trial

Cloud Based to all authorized persons working the case have access to all files, from anywhere 24 hours a day 7 days a week

Our in office Law Librarian is in charge of keeping up with the firms Lexis and West law accounts. They also make sure to keep updated and reformed legal

books will all of California's current State laws. On occasion they will also help the attorney, paralegal or assistant to locate proper caselaw to help with different

cases.

Also maintains all appropriate sub-files such as: Correspondences, court records, Financial records, Intake form, Interrogatories, Motions, Notes, Pleadings, Research, Misc.

Library Maintenance

Software

All in Family Law utilizes state of the art office software to ensure accurate records and flawlessly run and case management for our Clients , below you will find description of

our different software/functions and who is in charge of its operation

Records and creates notifications to send to clients when money is received or disburse on clients behalf.

Part 4: Internal Billing Practices

All- In Family Law

Firm Internal Billing Practices

The internal billing practice for All- In Family Law office is as follows. The firm will ask for a retainer once

the first interview is done and everyone agrees to the terms. The retainer amount will be $2,000.00. To which

will be given to the financial manager to deposit into the firms trust account, and used to make payments to

Attorneys paralegals, esc. As they work on the case. After the retainer has been used, the firm will bill in 10-

minute intervals. The standard hourly rate is $125.00 per hour and $175.00 for court appearances. This office

offers a “Pro-Bono” option. There is a income qualification.

All- In’s attorneys, paralegals, and other authorized persons working the client’s case enter in their billable

hours to the case management software for all research, phones calls, travel, court appearances esc. And the

software keeps track of the rest of the time they are logged into clients account entering in documents and

preparing files, exhibits esc. At the end of each month all employees are required to provide the financial

manager with a print out of their individual time record. From there the Financial manager enters all

information into the firms accounting software, which keeps accurate records of clients account status such as:

billable hours and money paid to firm already. To which the Financial manager then sends the client an accurate

monthly statement. This software also updates the firm’s other files to maintain accurate tax information for the

end of the year.

Part 4: Firm’s General Retainer Form

All in Family Law San Diego CA ______________________________________________________________________________

FAMILY LAW REPRESENTATION AND FEE AGREEMENT

I am delighted to have the opportunity to represent you. Professional rules require that we have a written Fee Agreement. Having a written Agreement is also in your best interest. Our Agreement is as follows:

This Agreement is between you, ____________ (“You”) and Atty. John Smith All in Family Law Firm, (“me” or “I”).

1. Representation Agreement: You agree to hire and retain me to represent you in relation to ______ proceedings. You authorize me to appear in any lawsuit that may be filed in this matter, to enter into discussions toward settlement, or to proceed as I deem advisable. I will not make any settlement of your case without your consent.

2. Counter-parts: This Agreement may be executed in several counter-parts, each of which shall be deemed an original and all of which shall constitute the same document. Signatures by fax shall have the same force and effect as original signatures.

3. Retainer: You agree to deposit $2,000 into my client trust account. You agree that these monies will be applied to any monthly bills that are more than 15 days past-due and/or the final bill.

4. Fees: My fee is based on the amount of time I devote to your case. I bill monthly for all time spent on your case, including, but not limited to: conferences; telephone calls; e-mails; pre-trial discovery; trial preparation; document drafting; correspondence; pleadings; negotiations; legal research; court time; travel time; etc. It is impossible to determine in advance how much time I will need to spend on your case. Any approximate figures that I may have quoted you, or may quote you in the future, for the cost of my services, are merely estimates that you cannot rely upon. Your spouse, your spouse’s attorney, or others may engage in conduct beyond my control. You will receive monthly, itemized bills. I bill in 10-minute increments. Currently, my hourly rate is $125.00. Hourly rate for court appearances will be $175.00.

5. Costs and Expenses: You will be responsible for all costs or expenses that I may incur on your behalf. Reimbursable costs include, but are not limited to, court filing fees; out-of-pocket transportation costs; service-of-process fees; court reporter fees; appraiser fees; expert witness fees; courier fees (FedEx, UPS, USPS Postage); parking fees; tolls; etc. By this Agreement you are appointing me as your agent to make reasonable expenditures and retain experts (if applicable) for amounts that I deem to be in your best interest. I may advance these costs or I may require you to deposit sufficient monies with me before the expense is incurred.

6. Non-payment: Any bills for fees, costs and expenses not paid within fifteen (15) days of the date of the bill shall be assessed a cumulative late charge of two percent (2%) of the amount due and owing per day. I shall have the right to stop all work on your behalf if any of my bills are not paid within fifteen (15) days of the date of my bill(s). Should I be required to bring a lawsuit or otherwise spend time trying to collect the amounts due under this Agreement, you agree that you will also be responsible for my court costs and reasonable attorney’s fees.

All in Family Law San Diego, CA______________________________________________________________________________

7. Payment by Opposing Party: The court may order your spouse to pay part or all of your attorney’s fees and costs. Such awards are totally unpredictable. You will remain primarily liable for such fees and costs. Any amount received pursuant to court order will be credited to your account or refunded to you if I have already been paid in full.

8. No Results Predicted: I have made no warranties or representations, nor have I provided you any assurances as to the favorable or successful resolution of your case. All my expressions relative to the strength of your case are merely professional speculation that cannot be definitively relied upon.

9. Client Cooperation: Your complete cooperation is very important. You must immediately inform me of any change of address, phone number, employment, and other material facts and circumstances. Full disclosure of facts is essential to enable me to effectively represent you. You must promptly fill out and return all papers, such as interrogatories, information forms, document requests, etc.

10. Please Ask Me: I hope this written Agreement helps you clearly understand the financial arrangement between us. If you do not clearly understand any part of this Agreement, please ask me to explain such part or parts. I am happy to take whatever non-billable time is necessary to clarify any portion or all of this Agreement. I want you to feel protected by this Agreement.

11. Referral Fee: Fees for this matter will be shared by me and _______ (“Referring Attorney”). I will pay the referring attorney 20% of the fees I earn.

12. Client’s Rights and Responsibilities: By signing below, you confirm that I have provided you the following Client’s Rights and Responsibilities, which are made a part of this Agreement.

All in Family Law San Diego, CA ______________________________________________________________________________

STATEMENT OF CLIENT’S RIGHTS AND RESPONSIBILITIESWritten Engagement Agreement. The written engagement agreement, prepared by the council, shall clearly address the objectives of representation and detail the fee arrangement, including all material terms. If fees are to be based on criteria apart from, or in addition to, hourly rates, such criteria (e.g., unique time demands and/or utilization of unique expertise) shall be delineated. The client shall receive a copy of the written engagement agreement and any additional clarification requested and is advised not to sign any such agreement which the client finds to be unsatisfactory or does not understand.

Representation: Representation will commence upon the signing of the written engagement agreement. The council will provide competent representation, which requires legal knowledge, skill, thoroughness, and preparation to handle those matters set forth in the written engagement agreement. Once employed, the council will act with reasonable diligence and promptness, as well as use his best efforts on behalf of the client, but he cannot guarantee results. The council will abide by the client’s decision concerning the objectives of representation, including whether or not to accept an offer of settlement, and will endeavor to explain any matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation. During the course of representation and afterwards, the council may not use or reveal a client’s confidence or secrets, except as required or permitted by law.

Communication: The council will keep the client reasonably informed about the status of representation and will promptly respond to reasonable requests for information, including any reasonable request for an estimate respecting future costs of the representation or an appropriate portion of it. The client shall be truthful in all discussions with the council and provide all information or documentation required to enable the council to provide competent representation. During representation, the client is entitled to receive all pleadings and substantive documents prepared on behalf of the client and every document received from any other council of record. At the end of the representation and on written request from the client, the council will return to the client all original documents and exhibits. In the event that the council withdraws from representation, or is discharged by the client, the council will turn over to the substituting council (or, if no substitutions, to the client) all original documents and exhibits together with complete copies of all pleadings and discovery within twenty (20) days of the council’s withdrawal or discharge.

Ethical Conduct: The council cannot be required to engage in conduct which is illegal, unethical, or fraudulent. In matters involving minor children, the council may refuse to engage in conduct which, in the council’s professional judgment, would be contrary to the best interest of the client’s minor child(s). A council who cannot ethically abide by his client’s directions shall be allowed to withdraw from representation.

Fees: The council’s fee for services may not be contingent upon the securing of a dissolution of marriage, upon obtaining custody, or be based upon the amount of maintenance, child support, or property settlement received, except as specifically permitted under Supreme Court Rules. The council may not require a non-refundable retainer fee, but must remit back any overpayment at the end of the representation. The council may enter into a consensual security arrangement with the client whereby assets of the client are pledged to secure payment of legal

All in Family Law, San Diego, CA______________________________________________________________________________fees or costs, but only if the council first obtains approval of the Court. The council will prepare and provide the client with an itemized billing statement detailing hourly rates (and/or other criteria), time spent, tasks performed, and costs incurred on a regular basis, at least quarterly. The client should review each billing statement promptly and address any objection or error in a timely manner. The client will not be billed for time spent to explain or correct a billing statement. If an appropriately detailed written estimate is submitted to a client as to future costs for a council’s representation or a portion of the contemplated services (i.e., relative to specific steps recommended by the council in the estimate) and, without objection from the client, the council then performs the contemplated services, all such services are presumptively reasonable and necessary, as well as to be deemed pursuant to the client’s direction. In an appropriate case, the client may pursue contribution to his or her fees and costs from the other party.

__________________________________________

. The council-client relationship is regulated by the Illinois Rules of Professional Conduct (Article VIII of the Illinois Supreme Court Rules), and any dispute shall be reviewed under the terms of such Rules.

The undersigned has carefully read and understands this entire Agreement, including the foregoing Statement of Client’s Rights and Responsibilities, and agrees to its terms.

_____________________________ Client's Signature Date

___________________________________ Printed Name

NOTE: sign and date above, and initial every page where indicated. Return this Agreement to me along with the retainer fee. I will then begin working on your behalf.

You may return this signed and dated Agreement to me at one of the following methods:

► Drop-off: 1010 Broadway Suite 420, San Diego CA 92111

► Mail: 1010 Broadway Suite 420, San Diego CA 92111

► E-mail: JWS@allinfamilylaw@gmail.com

► Fax (619) 986-5278

Part 4: additional Pro Bono Retainer Form

Retainer Agreement for Attorney Services

All in Family Law

1. By this agreement, _____________________ (A Client) retains _______________

____________ (A Pro Bono Counsel@ All in Family Law) to advise, represent, appear and act for Client concerning the following matter: ___________________________________________

______________________________________________________________________ ______________________________________________________________________. The Pro Bono Counsel is acting in his/her individual capacity, and is not acting on behalf of the Department of Justice.

2. This case was referred to Pro Bono Counsel through __________________. The client understands that it is Pro Bono Counsel and not ___________________ that is representing him/her in this matter. The Client certifies that no other attorney is representing him/her in this matter and understands that the Pro Bono Counsel cannot and does not promise a successful outcome.

3. The Pro Bono Counsel agrees to undertake this representation on a pro bono basis, which means that the Pro Bono Counsel will not charge the Client for attorney or paralegal hours expended on this matter. Additionally, Pro Bono Counsel will not seek attorney=s fees in connection with this matter.

4. The Client agrees to cooperate fully with the Pro Bono Counsel and will promptly

notify the Pro Bono Counsel of any of the following:

(A) any changes in address, telephone number, or changes in the client=s situation which may impact Attorney=s representation; or

(B) any plans to leave town which might interfere with court dates or appointments.

5. The Client agrees to assist the Pro Bono Counsel with this matter by:

(A) providing complete information, including information that will assist the Pro Bono Counsel to investigate this matter;

(B) maintaining regular contact with Pro Bono Counsel as is necessary for the conduct of his/her case;

(C) attending and being on time for all appointments and court dates;

(D) promptly notifying Pro Bono Counsel when other people contact Client about the case; and

(E) helping to locate persons who may provide information about this case.

6. Pro Bono Counsel agrees to:

(A) keep the Client informed about the status of his/her case;

(B) keep all sensitive information provided by the client confidential unless authorized by the Client to disclose it (except that information may be shared with other attorneys who are working on the case or assisting with representation);

(C) consult with the Client before making any significant decisions about the case; and

(D) not settle the case out Client=s consent.

7. The Client agrees to assume responsibility for all expenses, which may include, but are not limited to, agency or court filing fees, costs of service of process and certified mail and any other administrative costs or litigation expenses. Attorney will discuss any significant costs with Client before incurring them. Client understands that Pro Bono Counsel does not charge a fee for his/her work on the case.

8. When Pro Bono Counsel Closes Clients file, all original documents that were furnished by Client shall be returned. Pro Bono Counsel will maintain the file for ______ years from the date of case closing, after which time it will be destroyed.

9. By agreeing to represent Client in the matter set forth above, Pro Bono Counsel does not agree to represent Client in any appeal, to collect any money judgment, or to enforce any order obtained in this matter. The parties may agree at a later time to extend representation to another matter. Any such extension will be the subject of a separate written agreement between the parties.

10. Client understands that Client may end this agreement at any time for any reason and agrees to notify Pro Bono Counsel in writing that he/she wishes to end this Agreement.

11. Client understands that Pro Bono Counsel reserves the right to withdraw from representing Client in certain limited circumstances. These circumstances include, but are not limited to, the following:

(A) where insufficient legal grounds exist to continue a court or administrative action or appeal;

(B) where Client fails to cooperate with the reasonable requests of Pro Bono Counsel;

(C) where a conflict of interest is discovered or arises which makes it inappropriate for Pro Bono Counsel to continue representation; and

(D) where client fails to meet the terms of this agreement.

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12. Client has read this agreement in its entirety, or has had it read and explained to him/her in its entirety, before signing it. Client understands the terms of this agreement and agrees that it shall apply throughout the course of Pro Bono Counsels representation of him/her.

13. This writing represents the entire agreement between the parties and cannot be amended or modified except in writing signed by the parties.

_______________________________

____________________________

ClientDate

_______________________________

____________________________

Pro Bono Counsel

Date_______________________________

_____________________________

Date

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Reference Page:

1.) R. Huebsch, (2017) Chron: The Difference Between Corporation, LLC, & Partnership Retrieved From http://smallbusiness.chron.com/difference-between-corporation-llc-partnership-3989.html On 09/23/2017

2.) Barnes, H. (N/A) What Law Firm Titles Mean: Of Counsel, Non-Equity Partner, Equity Partner Explained. BCG Attorney Search.

http://www.bcgsearch.com/article/900042747/What-Law-Firm-Titles-Mean-Of-Counsel-Non-Equity-Partner-Equity-Partner-Explained/

3.) Kaplan, R. Norton, D. (1996) Partner Roles and responsibilities. The Balanced Scorecard.

http://jarrett-kerr.com/partner-roles-and-responsibilities/

4.) (N/A) (2017) Associate Attorney Job Description. Jobhero.com

http://www.jobhero.com/associate-attorney-job-description/

5.) (N/A) (2017) Law Office Manager: Job Duties and Education Requirements. Study.com

http://study.com/articles/Law_Office_Manager_Job_Duties_and_Education_Requirements.html

6.) Rose, J. (2010) Role of Law Firm Administrator. New York State Bar Association Committee on Law Practice Management

http://nysbar.com/blogs/Tipoftheweek/2010/02/role_of_law_firm_adminstrator.html

(part 5) Pleg- 140 Portfolio Project Reflection

In the beginning of Pleg-140, Technology in the Law Office I was not very clear on how the internal operations of a law office went and what the individual role of each member of the legal team is during the different phases of a case. I was also very intimidated and unaware of how to work remotely online in a group.

While working on this portfolio project I was able to gain a lot of knowledge of what it is like to work as a team, and figure out the internal processes of a law firm which has been an amazing experience and holds a lot of value because I will be able to apply this new knowledge in the workforce by having a good idea of what everyone is responsible for in the office as well as being very aware of my abilities to work well on a team and knowing my capabilities of developing a plan of action and of leading a group to accomplish a goal. I would say that my thought process has changed as I was finally able to understand and implement the saying of, “people do not plan to fail, they fail to plan.” I can say this because throughout the course of this project, and lack of response from my most of our team I had to assume I was going to do the whole project myself and basically pushed myself to work very hard and encourage everyone else to. By never using any negativity and lots of enthusiasm by the end the group had come together, and our final project was delivered.

If I were to do a similar project in the future, I would most defiantly create my excel spreadsheet within the Word document, because the insertion of a large file was nearly impossible for me to figure out. I would also have asked that everyone in my group exchanged phone numbers a lot earlier, to ensure prompt responses to all questions instead of having to wait for when they next logged onto the computer. My advice to any new students about to begin this project would be to be very active in the group, read all of the post that everyone makes so you do not miss anything. Be very patient and do not lose your temper, if there are problems in the group do your best to resolve them, or just forget them and move on because there really no reason to be wasting time on petty issues when you should be completing your task and getting ready to move on to the next.

In the completion of this portfolio project I now feel confident in my understandings of the internal operations of a law office and of how to work with a group online in order to complete an assignment.

The Course Outcomes I believe I have met in the completion of my Pleg-140 portfolio project are:

1. Recognize, describe, characterize, and differentiate the various structures of different and diverse law firms and other law-related organizations. I feel as I was able to meet this outcome while working on the internal file handing process of the project.

2. Examine the role of the administrators, attorneys, and support staff within the structure of the organization. I was able to meet this outcome by both our reading materials and by completing the internal back round and structure of our law firm or part 1-2.

3. Acquire an understanding and utilize the proper attitudes and requisite skills required as part of a work team including the understanding and application of ethics, telephone etiquette, and other relevant skills required of the law office professional. This outcome was met as the entire portfolio project was a group project.

4. Demonstrate an understanding of file management, docket control, time keeping, calendaring, tickler systems, fee structures, client billing, and document filing, and managing a law library. This outcome was met during the completion of part four, of my portfolio project in learning the internal billing, and file management section.

5. Utilize current computer and software applications to assist and enhance the daily functions of the law office professional and the environment. This outcome was defiantly achieved by creating part 3 of the portfolio project as well as learning to insert it into a word document.