Posted: September 21st, 2022

Law Office Management

Law Office Management
Texbook: Sensible Law Office Management (4th Version)

The examination will encompass essay kind questions. This can cowl chapters 1 to six. Please choose 1 subject from every chapter (1,2,three,four, 5 AND 6). Then summarize every in depth. 1 web page per Question Assignment. Solutions will likely be required to be in APA format and in depth. This will likely be an open ebook examination and you should have every week to finish. Please work alone. Please don’t e-mail me exams. They won’t rely until by the drop field. Plan forward and take a look at tech Help if wanted. As soon as the deadline passes I will likely be unable to reply to late exams.

CHAPTERS QUESTIONS:
Chapter 1:
What’s the distinction between a associate or share-holder and an affiliate lawyer?
Chapter 2:
What regulation prohibits employers from discriminating towards individuals with a incapacity?
Chapter three:
Clarify what the ABA Mannequin Guidelines of Skilled Conduct are.
Chapter four:
Based mostly on Rule 1.four concerning guidelines of professional conduct, listing at the very least 4 issues an lawyer should do concerning shopper communication.
Chapter 5:
Outline prison fraud.
Chapter 6:
What two issues ought to an lawyer do concerning a shopper belief account on at the very least a month-to-month foundation?
Law Office Management
Chapter one
What’s the distinction between a associate or a shareholder and an affiliate lawyer?
Law agency companions, often known as the shareholders, function enterprise companies in keeping with the construction of the enterprise. As an example, in a sole proprietorship enterprise, just one associate is required (Sinnawi, 2018). Among the most typical enterprise companies with companions or shareholders are; restricted legal responsibility firms, basic partnership in addition to skilled associates. Some firms encompass two shareholders, often called fairness shareholders and non-equity shareholders, in keeping with share of revenue.
Fairness shareholders maintain a necessary a part of the enterprise the place the companions share a portion of the agency, together with the advantages (Soltes, Srinivasan, and Vijayaraghavan, 2017). Non-equity shareholders are paid month-to-month with a set amount of cash however have restricted voting rights. For non-equity companions to improve to fairness companions, the shareholders have to make a capital contribution to the agency. Non- fairness companions might take as much as three years earlier than changing into full fairness companions.
In distinction, an affiliate lawyer is youthful in comparison with shareholders with the total potential of changing into fairness or non-equity companions. Attorneys working in a enterprise agency are thought-about as associates for 9 years earlier than thought to be companions of legally a part of the enterprise. Affiliate attorneys get categorized into senior and junior attorneys in keeping with expertise and years of service. For an affiliate to change into a enterprise associate, the lawyer ought to be capable of match into the businesses’ tradition, the correct understanding in addition to a shopper base (Ramirez, 2018). The distinction between a associate and an affiliate lawyer relies on expertise and degree of seniority. Each thought-about attorneys, however a associate is a partial proprietor of the enterprise agency. Non-partners have numerous tasks in a agency, as an illustration, administration of the agency in addition to the appropriate to vote (Tilton, 2020). Affiliate attorneys, however, obtain a wage after each month accompanied by advantages similar to transport and medical insurance.
References
Ingram, S. (2018). George Washington’s Attorneys: The Political Choice of United States Attorneys on the Founding. Tempo L. Rev., 39, 163.
Ramirez, S. A. (2018). Variety and ethics: Towards an goal enterprise compliance perform. Loyola College Chicago Law Journal, 49(three).
Sinnawi, A. A. R. (2018). Merger of Firms and its Impression on Companions and Shareholders.
Soltes, E. F., Srinivasan, S., & Vijayaraghavan, R. (2017). What else do shareholders need? Shareholder proposals contested by agency administration. Shareholder Proposals Contested by Agency Management (July 14, 2017). Harvard Enterprise College Accounting & Management Unit Working Paper.
Tilton, M. W. (2020). Writers Beware: Media Legal responsibility Exposures for Attorneys and Law Companies. The Temporary, 49(2), 42-52.
Chapter Two
What regulation prohibits employers from discriminating towards individuals with a incapacity?
The American with Incapacity Act of 1990, often known as ADA, prohibits employers from discriminating towards certified people with disabilities in each non-public and public organizations (Perkins, 2018). Different legal guidelines defend a person with a incapacity from discrimination within the office; as an illustration, the rehabilitation act, the civil service reform act in addition to the workforce innovation and alternative act. ADA is the best and acquainted regulation the place the Act protects people with disabilities by providing equal employment alternatives in addition to worker advantages similar to transportation and lodging (Murphy, 2017). Based on Article 11, the Act prohibits employers from neglecting individuals with disabilities and denial of employment actions similar to cost, promotion, hiring in addition to enterprise curriculum actions. ADA covers each workers and greater than i5 workers with incapacity in a company.
The US equal employment alternative fee (EEOC) consists of a web site the place all tips of ADA are outlined in addition to the required assets needed by the group (Moreno, 2016). In article 11, the federal government and numerous states, nevertheless, ought to defend the disabled workers from discrimination the place each governmental group is restricted from discriminating whatever the variety of disabled workers. Workers with disabilities in authorities establishments ought to obtain monetary and lodging help.
In non-public firms, ADA protects fifteen or extra workers with disabilities, however in public entities, the Act protects any variety of individuals. All legal guidelines defending workers with disabilities share a standard purpose. The necessities differ in keeping with the providers provided, the kind of the group, and the variety of workers. As an example, the rehabilitation act stands for funding of any worker with incapacity applications (Wallin, and Fjellman-Wiklund, 2019). Among the applications funded embrace coaching, analysis in addition to dwelling applications. The workforce innovation and alternative provide job coaching and employment applications to individuals with disabilities in addition to ensures workers with disabilities obtain monetary Help.
References
Moreno, J. F. A. (2016). United States Equal Employment Alternative Fee v. Trip Resorts Worldwide, Inc.
Murphy, T. P. (2017). Disabilities Discrimination Below the People with Disabilities Act. The Catholic Lawyer, 36(1), three.
Perkins, B. (2018). The ADA and the Battle Towards Employment Discrimination, 52 UIC J. Marshall L. Rev. 51 (2018). The John Marshall Law Evaluate, 52(1), three.
Wallin, S., & Fjellman-Wiklund, A. (2019). Act with respect: Views of supportive actions for older staff after completion of complete vocational rehabilitation providers. Work, 62(four), 585-598.
Chapter three
Clarify what the ABA Mannequin Guidelines of Skilled Conduct are.
The ABA mannequin guidelines of professional conduct are the laws initiated and amended by the American bar of affiliation (Bernstein, 2019). The provisions of professional conduct information legal professionals and govern their relationship and interplay with purchasers. The mannequin rule is significant for each state the place most states have adopted besides in California. Based on the mannequin, a lawyer is a consultant agent of purchasers in authorized issues in addition to a respectable occupation with distinctive tasks in sustaining justice. A lawyer undertakes a number of duties in keeping with the ABA mannequin, acts as an advisor to a shopper throughout a authorized matter, a negotiator, an advocate, and an evaluator of the shopper’s practices earlier than a trial.
Lawyer’s moral requirements and conduct should align with the requirement of the ABA module. The lawyer is allowed to make use of the regulation however for good throughout a authorized course of to not intimidate and harass individuals (Abramson, 2018). Legal professionals should present respect to the courtroom and different courtroom members, similar to judges and courtroom officers, like clerks. The lawyer ought to observe the authorized course of and have the authority to problem official actions through the course of. A lawyer can be a state citizen or member, due to this fact, anticipated to enhance the regulation and preserve high quality providers to purchasers and different residents (Kim, 2019). Legal professionals ought to have a deep understanding of the regulation and help residents in understanding the necessities and making use of the principles the place required.
The ABA mannequin of guidelines conduct ensures legal professionals use and supply the appropriate time and assets to everybody, each the privileged and the much less privileged. Moreover, legal professionals ought to guarantee equality and equity in entry to the system of justice to everybody with out contemplating social or financial challenges (Wendel, 2019). On privateness and confidentiality, legal professionals ought to uphold excessive ranges of secrecy on the shopper’s issues and offered data. Upkeep of privateness is a approach of respect and glorious service to the general public, the place purchasers are interested in get authorized recommendation and providers from the lawyer. The ABA mannequin guidelines of professional conduct are adopted for any certified and licensed lawyer in preserving society in addition to the justice system.
References
Abramson, B. S. (2018). ABA Mannequin Rule eight.four (g): Constitutional and Different Considerations for Matrimonial Legal professionals. J. Am. Acad. Matrimonial Law., 31, 283.
Bernstein, A. (2019). Minding the Gaps in Legal professionals’ Guidelines of Skilled Conduct. Okla. L. Rev., 72, 125.
COLBY, Ok. of the New ABA Mannequin Rule eight.four (g).
Kim, D. (2019). Regulating Deceptive Comparative Lawyer Promoting: Proposed Modifications to the American Bar Affiliation Mannequin Guidelines of Skilled Conduct. Geo. J. Authorized Ethics, 32, 717.
Wendel, W. B. (2019). Rule of Skilled Conduct, Speech Code, or Each. Jotwell: J. Issues We Like, 1.
Chapter 4
Based mostly on Rule 1.four concerning guidelines of professional conduct, listing at the very least 4 issues an lawyer should do concerning shopper communication.
Rule 1.four, often known as communication rule, consists of attorneys’ tasks conduct whereas speaking with purchasers (Wald, 2007). Legal professionals ought to talk with purchasers, clarify issues, and typically withhold data. One, an lawyer should seek the advice of the shopper on strategies to make use of to perform the required purpose in a case. Session earlier than taking authorized motion is critical for the lawyer. Nonetheless, in different conditions, the lawyer may go forward and make selections, as an illustration, throughout a trial when making pressing selections with out session (McDermott, 2016). After creating a right away choice, the lawyer, nevertheless, informs the shopper of selection.
The lawyer additionally ought to inform the shopper in regards to the case standing, similar to challenges, developments, and timing of the illustration. Common communication with the shopper will stop the shopper from searching for details about the picture (Jarvis, and Wealthy, 2016). Nonetheless, legal professionals ought to present purchasers requested data instantly.
Shoppers ought to have sufficient data to make selections concerning the goals of the matter. In case of negotiation with a shopper, legal professionals ought to talk with purchasers about proposals and concepts made earlier than reaching into an settlement (Bresnahan, and Pera, 2016). The lawyer, however, is just not anticipated to debate the method utilized in negotiation however ought to meet the shopper’s expectations and goals.
Moreover, the lawyer is allowed to withhold data in conditions the place the shopper is anxious and may react imprudently (Wald, 2007). As an example, within the case of the shopper’s psychological sickness, the lawyer has the appropriate to carry communication, particularly when the data would have an effect on the shopper’s sanity. On this case, the lawyer shouldn’t comprise the information for a private profit, which s towards the ABA mannequin guidelines conduct.
References
Bliss, J. (2020). The Authorized Ethics of Secret Consumer Recordings. Geo. J. Authorized Ethics, 33, 55.
Bresnahan, P. A., & Pera, L. T. (2016). The Impression of Technological Developments on the Guidelines of Legal professional Ethics concerning Legal professional-Consumer Privilege, Confidentiality, and Social Media. . Mary’s J. on Authorized Malpractice & Ethics, 7, 2.
Jarvis, P. R., & Wealthy, T. M. (2016). The Law of Unintended Penalties: Whether or not and When Obligatory Disclosure underneath Mannequin Rule four.1 (b) Trumps Discretionary Disclosure underneath Mannequin Rule 1.6 (b). Hofstra L. Rev., 45, 163.
McDermott, M. (2016). Negotiating on Behalf of Low-Revenue Shoppers: The Distorting Results of Mannequin Rule four.1. SCL Rev., 68, 1.
Wald, E. (2007). Taking Legal professional-Consumer Communications (and Subsequently Shoppers) Significantly. USFL Rev., 42, 747.
Chapter 5:
Outline prison fraud.
Felony fraud is any exercise utilizing false data or techniques to acquire features, similar to monetary achieve or entry (Kratcoski, and Edelbacher, 2018). Felony fraud, nevertheless, includes concealment of the required and important data, use of false statements in addition to a deception to realize a necessity. Fraud criminals purchase properties or providers not legally entitled to, which is completely different from theft and theft. Felony fraud is categorized on white-collar crime as a result of more often than not, fraud goes unnoticed in comparison with prison offenses. A scheme or artifice persuade a person to supply a property or give out freedom by a false assertion (Xingliang, 2019). When a prison fraud goes to courtroom, the courtroom calls for the scheme or artifice to defraud, which has gone by arguments in direction of the USA fraud statutes.
There are numerous varieties of fraud, as an illustration, financial institution fraud, wire and mail fraud, insurance coverage fraud, tax fraud, fraud towards the federal government, perjury fraud, in addition to welfare fraud(Hawkins, 2016). Financial institution fraud includes the usage of solid checks to withdraw cash from a faux checking account, stealing an authentic cheque from the financial institution to withdraw money in addition to financial institution workers taking on and withdrawing the deposited money with the already accessible data.
Insurance coverage fraud includes getting an insurance coverage cowl by false methods by faking a declare or use of a deceptive declare. As an example, a person might use incorrect details about property harm to amass compensation or exaggerating the associated fee to overstate the compensation quantity (Buell, 2019). Insurance coverage fraud is widespread, particularly in claiming compensation for an merchandise that by no means existed within the first place. Folks go to the extent of inflicting fireplace to make a declare.
References
Buell, S. W. (2019). Fraud. In The Palgrave Handbook of Utilized Ethics and the Felony Law (pp. 265-282). Palgrave Macmillan, Cham.
Hawkins, D. (2016). Felony Wire Fraud. Wisconsin Law Journal.
Kratcoski, P. C., & Edelbacher, M. (Eds.). (2018). Fraud and Corruption: Main Varieties, Prevention, and Management. Springer.
Liu, D., & Wang, S. (2019). Dealing with various kinds of environmental monitoring fraud in a number of methods. Worldwide Journal of Environmental Science and Expertise, 16(eight), 4963-4966.
Xingliang, C. (2019). The Distinction Between Civil Fraud and Felony Fraud. Law and Modernization, (5),
Chapter 6:
What two issues ought to an lawyer do concerning a shopper’s belief account on at the very least a month-to-month foundation?
A belief account includes any shopper’s account or property that’s within the fingers of a lawyer who’s a 3rd celebration (Burgy, 2017). The report is held by legal professionals provided that related to the illustration the place the account doesn’t clutch paperwork or any proof obtained throughout an investigation. A belief account consists of all belief funds the place the lawyer should adjust to the necessities of the principles conduct.
An lawyer shall solely deposit authorized charges and different authorized bills into the belief account however not any lawyer’s funds (Bernstein, 2019). The amassed fees get withdrawn when bills come up. The lawyer shall hold the account paperwork, together with all month-to-month transactions, as an illustration, financial institution statements, data of deposits made in addition to canceled cheques and different digital offers (Bernstein, 2019). Attorneys ought to maintain month-to-month financial institution statements as a result of most banks don’t hold month-to-month data. Receipts and disbursements journal is crucial for any lawyer.
A disbursement journal consists of a listing of an occasion similar to transactions for all purchasers (Mora, 2017). The journal ought to embrace dates and quantities of buy in addition to an outline, apart from a month-to-month reconciliation between the financial institution steadiness and the journal steadiness, in addition to a month-to-month comparability of scales within the developed ledger account and the financial institution steadiness anticipated to match.
An lawyer ought to have a written plan to observe the belief account and supervise actions occurring. This system consists of the lawyer’s actions in signing checks in addition to any Question Assignment and answered in regards to the belief account (Mora, 2017). All of the month-to-month data obtained by the attorneys ought to get preserved for six years.
References
Bernstein, A. (2019). Minding the Gaps in Legal professionals’ Guidelines of Skilled Conduct. Okla. L. Rev., 72, 125.
Burgy, Ok. (2017). Consumer Belief Accounts: Mannequin Rule 1.15 and the Variation amongst States. Geo. J. Authorized Ethics, 30, 639.
Kess, S., & Mendlowitz, E. (2019). Understanding the Duties of a Trustee in Administering a Belief. The CPA Journal, 89(5), 28-33.
Kim, D. (2019). Regulating Deceptive Comparative Lawyer Promoting: Proposed Modifications to the American Bar Affiliation Mannequin Guidelines of Skilled Conduct. Geo. J. Authorized Ethics, 32, 717.
Mora, N. C. (2017). Consumer Belief Account Compliance: Exploring Compliance and Fiduciary Duties for Attorneys in California (Doctoral dissertation, Capella College).

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