LESSON 1
LAW CLERKS
THE LEGAL OFFICE ENVIRONMENT
WHAT IS LEGAL OFFICE?
- An office maintained by a lawyer or a firm of lawyers
for the practice of law.
THE LAW OFFICE TEAM: ROLES, PURPOSE AND
TASKS
PARTNERS
-The owners of the firm are referred to as equity
partners. In very large firms, the equity partners are
called senior partners, and they are smaller in number
and retain a controlling interest in the firm.
- Non-equity or junior partners may be higher in number
and receive a salary rather than sharing in the total
profits the firm brings in. Medium-sized firms may have
only one level of partnership, consisting of two or three
equity partners and no associates, while very small firms
will have only one owner and one or more associates.
OFFICE MANAGER
-Medium-sized and large firms nearly always have an
office manager on the payroll who is charged with the
hiring and firing of all other employees, with the
exception of partners. The manager also is responsible
for overseeing the everyday operations of office
functionality and a multitude of other tasks that
otherwise would take time away from the partners'
regular duties.
INFORMATION TECHNOLOGY (IT) OR COMPUTER
DEPARTMENT MANAGER
-This person largely takes care of ensuring that all in-
house computer hardware, software, and peripherals
are functioning properly. This manager oversees the
ordering of new equipment, schedules repairs to existing
equipment, and ensures that there is a well-functioning
back-up system in place.
-The computer system manager is vital to the operation
of a law office of any size, as without proper functioning
of the office's network, serious problems would occur.
-This person usually answers directly to the office
manager.
ASSOCIATES
-New or inexperienced attorneys and part-time
practitioners of larger firms are called associates.
Associates do not own part of the firm and thus are
considered non-equity, but they have the potential of
becoming a partner in the future. They deal with new or
lower profile clients and charge lower fees than partners.
They do not lack ability or education.
-However, they are not as seasoned as those who have
been practicing law for an extended period of time, or
they may have prior experience but are new to the firm.
Other associates may be those with a great deal of
experience, but they do not wish to work the excessive
hours that are required to reach or maintain partnership
level. These associates may keep their agenda to only
several long-standing clients and only come to the office
on a part-time basis as needed.
-Law clerks work directly with partners and associates
providing research and assisting with various legal
document and case preparation. They work part time or
during summer breaks, as they are usually law students
who are attending classes full time. Clerks may also be
recently graduated law students who have not yet taken
or passed the bar exam.
LEGAL SECRETARY
-Most attorneys would admit that without a competent
legal secretary, they would not be able to do their jobs
properly. Attorneys count on their secretaries to take
care of important matters as well as small matters so
that they may attend to consultations with clients, court
appearances, and the planning of legal strategy,
defence, or best course of action.
-The legal secretary may have more responsibility if he
or she has been working with a particular lawyer for a
long time, has a lot of experience, or has the knowledge
required to take on certain tasks. While most legal
secretaries primarily make appointments, prepare
documentation, send important correspondence, file,
keep track of ongoing correspondence and paperwork,
and deal with clients on a daily basis, some also act as
paralegals.
-Legal secretaries usually answer directly to the attorney
or attorneys they work for and experience little or no
interference from the office manager or partners, unless
there is a particular problem or situation that needs to be
addressed.
RECEPTIONIST
-The receptionist is the first person anyone coming into
the office meets. Receptionists greet clients and other
visitors, take care of incoming and outgoing mail, deal
with package pickup and receipts, answer the main
office telephone, and transfer all incoming calls to the
appropriate party. They may also keep track of visitors'
incoming and outgoing time and their reasons for visiting
by keeping a log book. They handle general inquiries
about the office and walk visitors into the main office
area.
DATA ENTRY CLERKS
-These positions often are part-time and require the
inputting of certain data into the main computer system
as needed. Those who act as data entry clerks in a law
firm usually answer to the IT manager or the office
manager.
EDUCATIONAL REQUIREMENTS FOR SPECIFIC
JOBS
PARTNERS
-Law degree and bar exam for practicing state.
OFFICE MANAGER
-Bachelor of arts degree, master of arts degree, or
equivalent experience. Often, office managers are
former legal secretaries who have an excellent working
knowledge of the law and the office in which they
work. They may have started when the firm was small
and helped it grow to a larger size.
INFORMATION TECHNOLOGY (IT) OR COMPUTER
DEPARTMENT MANAGER
-Bachelor's or master's in a related field, such as
computer science or information technology, or related
experience with technology certifications such as A+ and
MCSE.
ASSSOCIATES
-Law degree and bar exam for practicing state.
SPECIAL COUNSEL
-Law degree and bar exam for practicing state.
LEGAL CLERKS
-Recently earned or earning law degree.
PARALEGAL/LEGAL ASSISTANT
-Special training in the paralegal field, usually an
associate's degree from a certified college or a
certification from a paralegal training program.
LEGAL SECRETARY
-High school diploma, legal assistant certification or
bachelor's degree.
RECEIPTIONIST
-High school diploma, General Educational
Development (GED) or high school equivalency
certificate, or competency and ability to learn.
DATA ENTRY CLERK
-High school diploma, GED certificate, or competency
and ability to learn.
LEGAL SPECIALIZATIONS
ANTITRUST LAW
-Deals with issues of fair trade within corporations or
groups that have an unfair advantage in the marketplace;
may also include large company mergers and other
issues.
ANIMAL RIGHTS LAW
-Deals with the protection of animals and legal counsel
to animal rights groups.
BANKING AND COMMERCIAL FINANCE LAW
-As suggested, law practiced for banking and finance
deals with laws concerning these types of businesses.
BANKRUPTCY LAW
-Deals with bankruptcy laws and filing for individuals,
businesses, and corporations.
CIVIL LITIGATION
-Concerned with disputes between individuals and
others wherein one party is seeking compensation or an
award of some kind.
CORPORATE LAW
-Deals with laws concerning large businesses; may
involve contract negotiation, defense against lawsuits, or
advice on personnel issues, such as discrimination,
sexual harassment, and disability.
CRIMINAL LAW
-In the private law sector, this type of specialty involves
the defence of those accused or convicted of a crime.
ENTERTAINMENT AND SPORTS LAW
-Provides legal services to those in the entertainment
and sports industries.
ENVIRONMENTAL LAW
-Concerned with providing legal advice and services to
environmental groups or groups concerned with
environmental issues, such as the government.
FAMILY LAW
-Concerned with various family issues, such as
separation, divorce, custody, trusts, wills, bankruptcy,
etc.
HEALTH CARE LAW
-Pertains to all laws concerning health care issues.
IMMIGRATION LAW
-Laws concerning immigration issues, such as residency,
etc.
INSURANCE LAW
-All issues dealing with insurance, such as fraud, claims,
etc.
INTELLECTUAL PROPERTY LAW
-Protects and advises those who have a stake in some
type of intellectual property, such as inventions, works of
fiction and nonfiction, names or recorded media, or any
creative work that is "from the mind.“
INTERNATIONAL LAW
-Concerned with three separate aspects, but all may be
practiced by one firm dealing in this specialization:
Public international law is concerned with issues
pertaining to the United Nations, maritime law, and
international criminal law.
LABOR AND EMPLOYMENT LAW
-Legal advice and services for companies and
individuals pertaining to labor, employment, and the
work environment. It may include issues such as
discrimination in hiring, labor disputes, and unlawful
dismissal.
MARITIME LAW
-Pertains to legal advice or services for maritime (ocean)
issues, questions, and offenses.
PUBLIC INTEREST LAW
-Legal counsel and services specifically directed at
protecting and serving the public interest and human
rights.
REAL ESTATE LAW
-Any legal service or advice that pertains to real estate
for individuals, businesses, or corporations.
SECURITIES LAW
-Pertains to laws, advice, and legal services for
investors and financial professionals.
TAX LAW
-Deals with providing legal assistance and counsel
pertaining to state and tax issues.
TELECOMMUNICATIONS LAW
-Provides legal advice and services for areas of
communication, such as broadcast radio and television,
cable television, wireless telephone, and broadband
Internet.
TORT LAW
-Deals with areas such as negligence, defamation,
nuisance, and other tort laws.
TRUST AND ESTATE LAW
-Deals solely or primarily with the laws, services, and
advice concerning trusts and estates. May include the
creation of trust funds, distribution of estates or trusts,
and disputes in regard to trusts or estates, etc.
WHAT IS LEGAL SECRETARY?
-A legal secretary plays a crucial role in the everyday
workings of a law office. Legal secretaries require
extensive knowledge of legal proceedings and
documentation. It is not uncommon for the most
experienced and high performing legal secretaries to go
on to be promoted to paralegal positions within a law
firm.
WHAT DOES A LEGAL SECRETARY DO?
-The role of a legal secretary is to support the lawyers
and paralegals in a law office or organization. Most legal
secretaries converse directly with attorneys, clerical
personnel, courtroom staff members, clients, expert
witnesses and commercial vendors.
-As legal secretaries tend to possess a specialized skill
set across various computer programs, the tasks which
they are responsible for can range from more traditional
secretarial jobs such as answering phones and taking
messages, to creating detailed spread sheets,
presentations, or preparing law documents. Legal
secretaries have to be extremely organized, sharp,
personable, and self-disciplined, ready for an array of
assignments and able to meet tight deadlines on a daily
basis.
-Legal secretaries must also interact with all kinds of
people on a regular basis. The kinds of communication
involved in a day's work involve face-to-face, phone, and
e-mail communication, and even video conferencing
with clients, lawyers, paralegals, opposing counsel, city
officials and more.
-Legal secretaries are also responsible for a great deal
of writing. They often prepare first drafts of
correspondence or memos, and often proofread legal
documents including briefs and pleadings. They also
deal with project management, keep paper and
electronic files in order, keep track of deadlines, setting
up appointments, and maintaining a detailed calendar.
WHAT IS THE WORKPLACE OF A LEGAL
SECRETARY LIKE?
-Most legal secretaries work in law offices. However,
they can also be found in government agencies,
corporate legal departments of companies, and public
interest firms. Legal secretaries can expect a fast-paced,
high-stress work environment with firm deadlines. It is
common for legal secretaries to work late to make sure
all paperwork is prepared and ready to go for a big case.
LEGAL TERMINOLOGIES
AFFIDAVIT
-A written document that contains evidence that the
person making the affidavit swears or affirms is true.
Affidavits should only contain facts, not opinion, not
argument and not personal comments or attacks. Other
documents like emails, letters, photos and even copies
of text messages can be attached to an affidavit as
exhibits to support the factual statements made in the
affidavit. Evidence given to the court on an application
should only be given by properly made and filed
affidavits.
ARGUMENT
-Often written down as an outline or even in full
paragraphs. If you are going to refer heavily to your
written argument, you should make copies of it to give to
the judge and the opposing party to follow along.
ATTORNEY
-Another word for ‘lawyer’.
THE BAR
-Either an actual metal or wooden horizontal bar or the
physical area separating the seats where people sit to
observe or wait their turn in front of the judge from the
counsel table.
THE BENCH
-The place where the judge sits and overlooks the
courtroom
CHAMBERS
-A courtroom in BC Supreme Court where a judge or
master hears a variety of applications usually starting
with the shortest applications, i.e. 5 minute application.
CONSENT ORDER
-An order that contains terms which all parties have
agreed to include.
COUNSEL
-Lawyer or lawyers.
COUNSEL TABLE
-The long desk where there is usually a podium in the
middle and space on each side for the applicant and
respondent to sit and put their material.
COURT CLERK OR REGISTRAR
-The person sitting in front of the judge in the courtroom
(and behind a computer) who is responsible for checking
you in at 9:45 a.m., for recording the proceedings, for
handing up material from the litigants to the judge and
back again, and generally assisting the judge and the
parties with administrative or clerical matters.
COURT COST
-Costs that are usually awarded to the successful party
after trial based on a scale and on specific amounts set
out in a Tariff attached to the Rules of Court.
DISBURSEMENT
-Costs that a party will pay to their lawyer for things like
photocopying, faxes, courier charges, filing fees, etc.
DISCOVERY
-This is a term that is used with both productions of
documents and examination of a party by the opposing
party, under oath/affirmation and with a court reporter
transcribing all of the questions and answers for later
use.
FILE,FILED,FILING
-Documents that start or respond to a court process,
affidavits, and orders are just some of the documents
that have to be filed with the court before they are
served or delivered to other parties.
PLEADING
-Refers to the Notice of Civil Claim and the Response to
Civil Claim and Counterclaim
REGISTRAR
-A person appointed to sit in special Registrar’s
Hearings to decide cases about, for example, lawyer’s
fees and the amount of costs that should be paid by the
losing party after a trial.
REGISTRY
-This is where you have to go to file documents or obtain
copies of documents from a court file.
RULES OF COURT
-These govern the procedure that is to be followed,
including how documents are to be prepared, filed,
delivered, the time lines that have to be followed.
SOLICITOR
- Another word for ‘lawyer’. This is a bit old-fashioned
and you won’t hear it used much in court except perhaps
when people talk about “solicitor-client costs”.
SOLICITOR-CLIENT COST
-The court costs awarded at the end of a trial which
represent all of the successful party’s reasonable legal
costs.
STAMP
-Not the thing that you stick to a letter (remember those?)
but a rubber stamp with the court’s name on it and the
date.
SUBMISSIONS
-Your presentation or argument made to the court.
SUBPOENA
-A document that is served on a witness to require the
witness to attend a trial to give evidence on a certain
day and at a certain time.
-A witness who fails to show up could be found in
contempt of court and could be arrested and brought to
court if the court issues a “bench warrant”. This does not
happen very often.
SUMMARY JUDGEMENT
-An application you can make to ask the court to make
an order in your favour based simply on the facts in the
Notice of Civil Claim or Response to Civil Claim on the
basis that there is no actual case against you or there is
no defence to your claim.
SUMMARY TRIAL
-A hearing in Supreme Court that is normally limited to
affidavit evidence and argument from the parties and is
often a quicker and cheaper way to have your case
decided than going to an actual trial where witnesses
will give their evidence live in front of the judge.
THIRD PARTY
-A person or company involved in some way in the
events or incidents that lead to the plaintiff suing the
defendant.
TRIAL LIST
-Lists of the court hearings to take place at the
Courthouse on any particular day.
YOUR HONOUR
-How you address a Master of the Supreme Court.
WHAT IS ETHICS?
There are three key
points here:
1. Although morals and
ethics are not precisely
measurable, people
generally, have similar
reactions about what actions or conduct can rightly be
called ethical or moral.
2. As humans, we need and value ethical people and
want to be around them.
3. Saying that someone or some organization is law-
abiding does not mean the same as saying a person or
company is ethical. Here is a cautionary note: for
individuals, it is far from easy to recognize an ethical
problem, have a clear and usable decision-making
process to deal it, and then have the moral courage to
do what’s right.
HOW DO LAW AND
ETHICS DIFFER?
-There is a difference
between legal compliance
and moral excellence. Few
would choose a
professional service, health
care or otherwise, because the provider had a record of
perfect legal compliance, or always following the letter of
the law. There are many professional ethics codes,
primarily because people realize that law prescribes only
a minimum of morality and does not provide purpose or
goals that can mean excellent service to customers,
clients, or patients. Business ethicists have talked for
years about the intersection of law and ethics.
-Simply put, what is legal is not necessarily ethical.
Conversely, what is ethical is not necessarily legal.
There are lots of legal manoeuvres that are not all that
ethical.