Office management and case preparation

• Author: Annette J. Szorosy/Stephanie Matalon
• Profession: General Magistrate/General Magistrate
• Pages: 139-194

OFFICE MANAGEMENT

& CASE PREPARATION

2-1

CHAPTER 2

Off‌ice Management

and Case Preparation

QUICK VIEW

The purpose of this chapter is to assist the lawyer in the establishment and running of a law off‌ice and to

identify issues that may arise in off‌ice management and case management, and in using technology and the

Internet. The chapter addresses the impact of therapeutic jurisprudence on law off‌ice management and case

management. A new case index includes three sections rather than just the litigation track: the path to media-

tion and resolution, the path to f‌inal hearing, motions, and actions related to the f‌inal judgment, and provides

the lawyer with a laundry list of any interventions and examinations the parties may need in a case. A new

family law client rating form assists the lawyer and staff in evaluating potential clients and in determining when

to f‌ire existing clients. As family lawyers are most susceptible to grievances and complaints, the Florida Bar

grievance process is explained and suggestions for responding to grievances are provided. Different types

of lawyer-client retainer and fee agreements are addressed, including general representation, unbundled

representation, and collaborative law representation.

TABLE OF CONTENTS

I. SERVICES PROVIDED BY FLORIDA BAR

§2:01 The Practice Resource Center of the Florida Bar

§2:02 Professional Experience and Mentors–Lawyers Advising Lawyers (LAL)

§2:03 Ethics and Lawyer Advertising and Website Regulations

§2:04 Continuing Legal Education

§2:05 Drug, Alcohol Abuse, and Mental Health Program

§2:06 Member Benef‌its

§2:07 Fee Arbitration

§2:08 Lawyer Referral Service

§2:09 Certif‌ication

II. ESTABLISHING YOUR PRACTICE

A. Type of Organization

§2:20 Sole Practitioner

§2:21 Small Firm

§2:22 Large Firm

§2:23 Consider Tax Consequences

OFFICE MANAGEMENT

& CASE PREPARATION

Florida Family Law and Practice 2-2

B. Models for Delivery of Ser vices to Family Law Client

§2:30 Minimalist Family Lawyering

§2:31 Holistic Family Lawyering

§2:32 Collaborative Lawyering and Cooperative Lawyering

§2:33 Unbundled Legal Services

§2:34 Def‌ining Limitations or Specialties in Practice

III. OFFICE AND EQUIPMENT

A. Off‌ice Space

§2:40 Sharing Arrangement

§2:41 Location

§2:42 Evaluate From Client’s Perspective

§2:43 Going Paperless

B. Equipment

§2:50 General Considerations

§2:51 Bookkeeping and Off‌ice Management

§2:52 Library

§2:53 [Reserved]

§2:54 Calendaring

§2:55 Technology

§2:56 Computer Hardware

§2:57 Computer Software

§2:58 Investigative Search Capabilities

§2:59 Websites for Family Lawyers

§2:60 Legal Research Tool for Florida Bar Members-FastCase®

IV. STAFFING AND PERSONNEL ISSUES

A. Staff Selection Criteria

§2:70 Position Descriptions

§2:71 Candidate Evaluation

§2:72 Staff Recommendations

B. Staff Evaluation and Education

§2:80 Performance Reviews

§2:81 Conf‌identially Standards for Staff

§2:82 Legal Ethics for Staff

§2:83 Familiarity With Case Plan

§2:84 Mail, E-Mail, E-Filing, Facsimile and Document Policies and Procedures

C. Staff Morale

§2:90 Communications

§2:91 Off‌ice Closings and Staff Vacations

V. LAWYER’S PERSONAL AND PROFESSIONAL DEVELOPMENT

A. General Points

§2:100 Project Professionalism

§2:101 Determine Personal Goals and Boundaries

§2:102 Plan for Retirement

B. Knowledge Base

§2:110 Keeping Current on Law

§2:111 Psychological Issues

§2:112 Child Development Issues

§2:113 Ancillary Issues

§2:114 Shift in Language and Vocabulary

OFFICE MANAGEMENT

& CASE PREPARATION

2-3 Off‌ice Management and Case Preparation

C. Developing Relationships With Ancillary Professionals

1. Need for Roster of Professionals

§2:120 Develop Roster

§2:121 Interview Expert

2. Mental Health Professionals

§2:130 Psychiatrist and Psychologist

§2:131 Role of Forensic and Treating Professionals

§2:132 Psychotherapist-Patient Privilege

§2:133 Parenting Plan Recommendation

3. Mediators and Arbitrators

§2:140 Role

§2:141 Certif‌ied Lawyer Mediator

§2:142 Certif‌ied Therapist Mediator

§2:143 Parenting Coordinator

§2:144 Family Law Arbitrator

§2:145 Certif‌ied Accountant Mediator

4. Accountants

§2:150 In General

§2:151 Accounting Subspecialties

§2:152 Roles of Forensic and Practicing Accountants

§2:153 Cer tif‌ied Divorce Analyst

5. Other Attorneys and Mentors

§2:160 At torneys in Other Fields

§2:161 Mentors and Colleagues

§2:162 How to Find Mentors and Colleagues

D. Vacations

§2:170 Timing

§2:171 Length

§2:172 Plan Vacation Period With Clients

§2:173 Notice of Unavailability

VI. CLIENT MANAGEMENT

§2:180 Know When to Decline Case

§2:181 Limit High-Conf‌lict Cases

§2:182 Initial Client Contact

§2:183 Greeting Client

§2:184 Maintain Client Friendly Off‌ice

§2:185 Avoid Courtroom

§2:186 Rating Client

§2:187 Monitoring Client Compliance

§2:188 E-Mail Scams Directed at Family Lawyers From “Prospective Clients”

§2:189 Your Client’s Social Media Pages

VII. FEES

A. General Points

§2:200 Educate Client

§2:201 Enlist Cour t’s Help at Case Management Conference

§2:202 Withdraw When You Do Not Get Paid

§2:203 Charge for Initial Consultation

§2:204 Retainer Agreement

§2:205 Have Client Execute Fee Agreement Before You Begin Work

§2:206 Accept Credit Cards