ACALA

This manual includes information pertaining to our firm’s background and structure, internal firm organization, file handling procedures, and billing practices.

Training Manual

INTRODUCTION

ACALA is a large criminal defense firm that provides quality representation to criminal

defendants. Corporations are a very old type of business that issues stocks, which

makes raising capital easier than with a partnership or LLC. Corporations exist mainly to

shield shareholders and owners from the liabilities of the company. This, however, is a

privilege that we pay for because profits are taxed both on the corporate level and on

dividends. This differs from limited liability corporations offer limited liability protection to

owners and members, and profits go directly to the members. It also differs from a

partnership. A partnership is an association of two or more people engaged in a

business enterprise in which the profits and losses are shared proportionally.

POSITIONS IN THE LEGAL OFFICE

LEGAL SECRETARIES

Provides legal secretarial and clerical support services to attorneys. Duties performed

include, but are not limited to: act as liaison between attorneys and clients; routes or

initiates responses to phone calls on behalf of attorneys; utilizes advanced knowledge

of legal terminology, MS Word and information processing software; applies district and

circuit court rules and protocols; edits and proofreads initial drafts; performs cite

checking and assembles copies with attachments for filing and mailing; receives,

screens, and refers telephone and in-person callers; reviews outgoing mail for accuracy;

maintains correspondence control; prepares correspondence by either drafting from

general instructions or typing in prescribed format; prepares memoranda for the

attorney’s signature; and organizes the attorney’s case files and is responsible for other

case management functions as assigned.

PARALEGALS

Provides a full range of paralegal and mitigation services to attorneys on a variety of

cases (e.g., white collar fraud, drug possession, drug trafficking, firearms,), including but

not limited to: conduct legal research and writing, draft pleadings, comprehensive

reports, sentencing documents, and correspondence; retrieve and analyze social history

documents; video, edit, and finalizing sentencing mitigation videos, assist in every

aspect of case preparation on file management, assist with client communications,

coordinating witnesses for trial and hearings, conduct interviews, develop and maintain

research banks and assist with training.

INVESTIGATORS

Performs investigative duties and responsibilities including but not limited to: conduct

interviews to corroborate facts; locate fact witnesses and experts; conduct open ended

interviews with sources to develop other leads and information; gather records; locate,

view and retrieve tangible evidence; photograph crime scenes and evidence; maintain

filing and information reference systems; write comprehensive reports; possess

knowledge of computer applications; and possess a working knowledge of the criminal

justice system. Travels frequently.

RECEPTIONIST

Provides a variety of front-desk clerical support services to the office staff. Duties

include: receiving, screening, and referring or directing telephone calls; answering

general inquiries and providing basic information; screening collect calls from

incarcerated defendants; furnishing information to clients, members of the general

public, court personnel, and the bar regarding staff availability and/or court schedules;

greeting and directing visitors; receiving and routing mail and deliveries; arranging for

courier or express mail service; processing outgoing mail; delivering court documents

and other documents as appropriate; assisting with word processing tasks and other

assignments; and operating office equipment.

INTERPRETER

Provides oral and written interpretation/translation services (to and from English)

between members of the defense team and its client(s). Interprets/translates: legal

documents, correspondence, transcripts, treaties, psychological, medical and other

forensic reports and records, legal provisions, and other case-related documents, audio

and video tape recordings; attorney-client interviews, witness interviews, telephone

conversations and jail visits, interviews by experts such as psychologists, psychiatrists,

polygraph examiners, sociologists, and other forensic experts retained by the firm on

behalf of a client; official court proceedings, and pre-sentence interviews. Maintains the

confidentiality of all interpreted communications, and the fact of such communications,

at all times. Evaluates translations performed by other interpreters based on his/her

knowledge of the language, including the idioms and dialects. Remains impartial in all

situations, interpreting accurately and completely, without regard to the content of the

communication.

LAW CLERK

The responsibility of a law clerk is to provide the assistance to a judge while researching

issues before the court and in writing. The law clerk assists the judge with making legal

determinations. You will also be responsible for providing assistance in the courtroom,

perform legal searches, draft trail briefs and legal documents. You will also be able to

research and write bench memoranda, deliver subpoenas, take sworn statements from

witnesses and make recommendations on the disposition of appeals.

 

LEGAL SECRETARY

Responsibilities will be to prepare and file legal documents, assisting lawyers, prepare

legal papers and correspondence, such as summonses, complaints, motions, and

subpoenas. Other responsibilities will be to send out mail, faxes and make

arrangements of legal correspondence to clients, witnesses and court officials. You will

also need to schedule and make appointments for clients.

 

CRIMINAL PSYCHOLOGIST

Responsibilities will be helping to analyze the behavior of clients, interviewing offenders,

intelligence analysis, offender profiling, interviewing and rehabilitation of offenders.

 LEGAL RESEARCHER

Responsibilities will be to help assist the attorneys, paralegals and legal staff with

additional help that is needed working cases.

 

GENERAL COUNSEL

Responsibilities include leading corporate strategic and tactical legal initiatives, manage

legal functions, and oversees the work of outside counsel. You will identify proactive

solutions that will eliminate risks, base your decision making process on ethics, draft

agreements that will minimize risks and legal rights, meet legal objectives and keep

abreast of legislative changes.

NON-EQUITY PARTNER

This position is between a partner and an associate. This position is ideal for one who’s

ambition and drive is to become a partner, but still needs to work on different areas they

may need to grow in. A non-equity partner does not invest into a company like an equity

partner, and also requires less work hours, so this would be ideal for a person just

starting a family or an elderly lawyer who wants to work less hours.

The main responsibility of the non-equity partner is to bring new business to their firm.

They also are expected to have strong interpersonal skills, a great work ethic, and have

valuable legal skills.

LAW OFFICE MANAGER

The primary duty of the Law Office Manager is to make sure the office runs smoothly.

The Law Office Manager assigns different tasks to employees and makes sure those

tasks are completed on time and with accuracy. They also handle all administrative and

accounting aspects. Some other responsibilities a Law Office Manager may conduct is

drafting legal documents such as subpoenas, conducting legal research, answering

phones, payroll, replying to e-mails, scheduling attorney or client appointments,

composing legal memos, or completing other clerical duties. A Law Office Manager

sometimes even trains new employees.

To become a law office manager, one must earn at least an associate or bachelor's

degree in paralegal studies. A law office management or administration degree would

also be very beneficial for added knowledge.

IT COMPUTER SYSTEMS ADMINISTRATOR

Responsible for the best cost effective technology for the legal firm. In charge of

installing, deleting and changing various computer related programs or databases.

Responsible for network security, maintenance of computers in the legal firm,

troubleshooting, creates back-ups.

Responsible for training IT associates, schedules and holds team meetings to inform

and guide IT associates, leads his team and pushes his team to learn and grow with the

field and effectively communicates assets or weakness to promote growth of IT

associates.

 

IT COMPUTER SYSTEMS ASSISTANT

Required to research the best cost effective information technology in the legal field.

Attend trainings to excel in knowledge and expertise. Work under an IT Systems

Administrator’s direction. May install, delete or modify computer programs and

databases. The job responsibilities are similar to an IT Systems Administrator except

does not lead a team or manage other workers, but does need to be able to work well in

a group.

SENIOR EQUITY PARTNER

A Senior Equity Partner runs the daily organizational services of a law firm. Senior

Partner will directly manage the law firm’s legal and technical support teams and be

accountable in coordinating new cases that are assigned to them. Senior Partner

coordinates legal support on organization resources and supervises the office.

Duties may include: To chair all meetings of the Partners and to extend the efficiency of

those meetings; characterize the Firm in the outer market-place as representative,

presenter and figure-head; supervise inter-Partner relationships, and to guidance and

advice Partners; operate as the connection and moderating influence among the Board

and the Partners, so as to attain or facilitate the capability to move the business forward

without interference from Partners and Partnership Politics; aid the Board, the Managing

Partner and the Executive Management Team in the growth and performance of the

firm’s strategy; acquire part in the Firm’s Partner Appraisal program; and etc.

MANAGING PARTNER

The Managing Partner performs duties as the firm’s chief executive officer. Managing

Partner is responsible for the firm’s general management. Managing Partner supervises

and coordinates the pains of a legal team, including finances and legal practice area

organization and case assignment.

Duties may include: Organize the firm’s practice between its practice departments;

control the firm’s committees; oversee the firm’s administrative directors; assemble with

the associates and support staff; promote and supervises compliance with firm policies

and measures; oversee the firm’s financial performance; ensure the firm’s observance

with ethical principles; ensure compliance with legal obligations; and etc.

ADMINISTRATOR

Administrator is accountable for overseeing all the law office's organizational functions,

as well as services, human resources and information services. Manage division

managers in accounting, human resources, office services, IT services and profit

management. He or She reports to a management committee, executive director or

Managing Partner.

Duties may include: Increase and cultivate an arrangement of vendors for equipment,

supplies and human resources, as well as negotiate condense and leases for office

space and tools; provide the firm's Managing Partner, managing committee or executive

director with ordinary amends on matters stirring the firm's procedures and employment;

help as a connection among a law firm's headquarters or main office and its other

offices; build and enforce the firm's annual budget by tracking finances throughout the

year; control managerial areas, counting, promotion, human resources and finance;

perform in or administering important planning; and etc.

ASSOCIATE ATTORNEY

Associate Attorney supervise litigation cases and resolve legal disputes on client’s

behalf by developing agreements, debating contacts, settling claims. Work in a broad

range of fields, by covering from corporate law to criminal law.

Duties may include: Research and analyze the law on complex issues and writing briefs

for compliance to a supervising lawyer; arrange legal research and study into a logical

written brief or memorandum for submission to a customer arbitrator; appear in a court

or arbitration on client’s behalf, as well as demonstrating well-reasoned arguments to

the court; summarize and analyzing complex legal documents, as well as contracts, and

suggesting adjustment to those documents; execute discovery of a variety of

electronically stored information and hard copies of information in preparing for

litigation; debate with outside parties on contractual matters and legal disputes; foresee

and extenuate possible legal issues within the law firm or for a customer — and

increase strategies to evade costly litigation and decrease possible areas of risk;

perform due diligence in legal issues with reference to contracts, agreements; and etc.

ASSOCIATE – ENTRY LEVEL

Associate Attorney performs research, writes memoranda and legal briefs, and supplies

suggestion, opinions and other legal aid to companies and individuals.

May commence, defend or prosecute litigation or arbitration on the client's account.

Duties may include: Develop cases by conducting discovery and drafting motions and

briefs; conduct trials and hearings; provide Legal Support by conducting case related

research into relevant laws and regulations; oversee agreement to legal documents;

plan and present arguments and counter-arguments in a court of law; and etc.

ASSOCIATE ATTORNEY – JUNIOR

Junior Associate Attorney is responsible for defending individuals charged with crimes.

Junior Associate Attorney represents their clients in the court of law.

Duties may include: Collect information from a number of resources such as the law

enforcement, the investigators handling the case and the witnesses; remove all the

facts of the charges filed against the client; gather the facts connected to the case and

then prepare a strong defense that will help acquit the defendant in the court; conduct

analysis and complete study of the case; be involved jury selection, trials and

sentencing and/or plea bargaining; make sure that all discussions with the clients are

confidential; assist the client understand the reality of their case, which in several cases

may even direct to pleading guilty; assist the defendant deal with the consequences of

facing the criminal charges and aid him/her until the conclusion of the case; and etc.

LAW CLERK

Law Clerk will support attorneys by collecting and coordinating information for legal

documents; studying and researching law; gathering case materials; preparing reports

and memoranda.

Duties may include: Organize legal drafts by collecting and coordinating information for

legal forms and documents, as well as complaints, responses, discovery requests,

declarations, and other pleadings; research laws, constitutions, statutes, court opinions,

regulations, including by using regular print texts and/or computers; collect case

materials by organizing and summarizing documents and evidence; prepare for trial by

organizing exhibits, trial briefs, evidence, subpoenas, and motions; protect law firm's

standards by maintaining client information confidential; build up firm's reputation by

accepting ownership for achievements of new and diverse requirements, and etc.

FILE HANDLING PROCEDURES

ACALA Law Firm’s internal process of handling of a case from beginning to end

1) Potential client calls office and speaks with the Receptionist about setting up an

appointment with one of the attorneys in the office.

2) The Receptionist would gather simple information about the case, such as

whether it's a misdemeanor or a felony and if it's a state or federal court

jurisdiction. This will help the receptionist point the potential client in the right

direction and determine which attorney in the office specializes in that type of

case. If a client calls about a potential drug case, the receptionist can direct them

to the attorney that specializes in that case and transfers over the call so that

they can set up an appointment with them specifically. Once the client is

transferred over to the attorney they would set up schedule an appointment with

the attorney and the receptionist would either schedule the appointment or pass

the call along to the attorney's legal secretary/assistant for direct access to

calendar entries. Once the appointment has been scheduled, the attorney and

paralegal, if needed, would be notified. 

3) The Attorney then meets with the potential client, and discusses all the facts of

the case with possible arguments and defenses. Afterwards, if the client chooses

to hire the firm, an electronic case file will be opened for the client and an

agreement and retainer will be signed by the office and client.

4) The case is now accepted by the Equity partners and the Attorney.

5) If the client does not speak, read or write English then the Interpreter will assist

the attorney, paralegal, or investigator with translation of language between the

client or any witnesses.

6) The Case files will be maintained by the Legal Assistant. They would be in

charge of saving all document filings, docket entries and calendar events into the

file. They would also keep track of timekeeping by having everyone working on

the case summit time cards at the end of the day.

7) The Paralegal will be in charge of drafting the necessary documents and

conducting legal research to assist the attorney. The paralegal may also review

with the client and ensure that no conflict of interest is a part of the case.  They

will also upload all discoveries in the electronic case file and review it. They

would also review the discovery with the client and take notes.

8) The Investigators would assist the attorney and paralegal by investigating the

case. They would locate witnesses and serve subpoenas. They have access to

use special software to locate information that will strengthen the client’s case.

9) The IT Computer Systems Administrator will apply technical expertise to the

implementation, monitoring, or maintenance of the computer systems to provide

the necessary support if it is required. The IT Computer Systems Assistant will

work under the Administrator's direction.

10)The Law Office Manager will perform supervisory responsibilities in accordance

with the current County, and provided the paralegal, administrative and

secretarial support for the Department in case it is required by the case.

11)The Legal Administrator may help prepare strategic and financial plans to

manage budgetary challenges that may occur or to prevent them from occurring.

They will also oversee the daily operations and management of the firm. 

12)The Law Clerk will then provide assistance in the bail motions and hearing by

performing legal research and writing memorandums, orders and opinions. They

will also draft legal documents and take sworn statements from witnesses.

13)The Assistant Attorneys will assist the senior attorneys with any relevant legal

knowledge and data to assist in dismissing or winning the case.

14)The case will then go to trial until final verdict and the services will conclude with

the client refunding any unused funds from the retainer agreement.

BILLING PRACTICES

AGREEMENT FOR LEGAL REPRESENTATION

CRIMINAL DEFENSE RETAINER CONTRACT

ACALA requires a written agreement to allow both attorneys and the client to refer to if

there is ever an issue with billing. Every client is required to pay a retainer at the

beginning of any case which is a down payment that will be applied toward the total fee

billed. Only once the client has signed for and paid the retainer, will any attorney be

held responsible for legal services. The funds will be placed into a client trust account

and will be used solely to pay for legal fees of that client. Client money will not be

transferred from the trust account until the service is performed by the lawyer or

paralegal, where then it will be transferred into the firms account. If for any reason there

is anything left once the case has commenced, all unused money will be refunded to

the client. There will be an hourly fee for any work done by an attorney, as well as an

additional hourly fee for all work done by a paralegal. Each client will be presented with

an invoice with all of their fees.

I, ________________________________, wish to retain ACALA regarding

________________________________________________.

I. Flat Fee

I, the undersigned client, understand that I am paying an hourly fee of

$_________per hour for the legal matter described above. I understand that the hourly

fee will cover the following:

(1) a trial [bench or jury] in the matter(s); (2) an appeal, including an interlocutory

appeal; (3) and any other expenses required for representation in the matter. The

amount for which the undersigned client [and any other party designated as jointly and

severally responsible for payment of the fee] is responsible under subsections (1)

through (3) shall be determined by agreement of the parties and said amount is hereby

incorporated into this contract.

If the undersigned attorney determines that a trial is necessary to resolve the

matter, then a meeting between the attorney and client will occur. The attorney and

client will determine the necessary actions including fees, for all aspects of trial

preparation and the actual trial of the matter whether to proceed to trial, as well as if the

matter is actually tried. (__________) initial

II. Expenses

I, the undersigned client, understand that I will be responsible for all expenses

associated with the litigation of the legal matter. These expenses may include, but are

not limited to: depositions and court reporting services, toxicology records, transcript

fees, video and intake photograph copying fees, medical records, driving records,

Circuit Court filing fees, private investigator fees, expert witness fees, and accident

reconstruction fees. I agree that all fees will

be satisfied within 30 days of receiving an invoice from this attorney’s office.

I, the undersigned client, agree to pay an Attorney retainer fee as a deposit upon

commencement of services, which will be held in a separate trust account and used

solely to pay any legal expenses, legal fees and any additional time spent on the case

until conclusion. Client hereby authorizes Attorney to withdraw any funds necessary

from the trust account to pay for any fees associated with the case. Any funds not used

for any of the expenses and costs of the legal services provided upon conclusion of the

case will be refunded to the client within 60 days after final closing (_________) initial

III. No Promises or Guarantees of Outcome

I, the undersigned client, acknowledge that ACALA have not and will not

guarantee or promise the outcome of any case. On occasion, I may ask the opinion as

to the outcome of a case. If the attorney chooses to opine as to the possible outcome, I

understand that the attorney can never know for sure what the outcome will be in any

case, but may (from experience with the particular judge, prosecutor, or type of case) be

able to give an educated opinion as to a range of possible outcomes. However, I agree

that ACALA cannot and will not promise or guarantee that any predicted outcome will

occur. (__________) initial

IV. Client’s Responsibilities

I, the undersigned client, agree to inform the staff of ACALA of any and all

address, email, facsimile number, mobile phone number, and other telephone number

changes, to appear on reasonable notice for office appointments and court

appearances, and to comply with all requests made by the undersigned attorney in the

preparation and presentation of the legal matter. I, the undersigned client, understand

that it is my responsibility to contact the undersigned attorney or staff with any questions

and concerns relating to the legal matter and to fully cooperate with the attorney and

staff by promptly responding to inquiries and requests that were made by the attorney

and staff. I, the undersigned client, agree to thoroughly read and review each and every

document provided by the undersigned attorney, as it is received or as soon as possible

thereafter before contacting the attorney with any questions that could be answered by

a review of said documents. I agree to retain all copies of documents given by the

attorney, and will take action indicated by said documents and to communicate with the

attorney with questions in the time frame outlined in said document, or to call and

request additional time to respond when needed.

I agree to complete and deliver to the attorney all requests quickly and thoroughly as

requested by the attorney or staff. (__________) initial

V. Appointments/Phone Calls

I, the undersigned client, understand that due to client appointments, trial

preparation with clients and witnesses, exhibit preparation time, staff meetings, court

appearances, depositions, and seminars, which are all required to be performed during

usual business hours, there are many times when the attorney cannot take or return my

call promptly. However, I may at any time request to speak with the attorney’s paralegal

to answer any questions I may have about expenses, court dates, schedule

appointments, or forward my inquiry to the attorney so that he may be able respond to

me. (__________) initial

VI. Contacts

I, the undersigned client, understand that the office of ACALA would only like to

communicate the fundamentals of my case with myself. (__________) initial

X. Termination of Contract

I, the undersigned client, understand that termination of this contract is reserved

by the undersigned attorney for reasons such as: non-payment of fees, costs, or

expenses when due or retainer on demand; lack of communication or cooperation; and

subsequent determination of non-merit or personal conflict preventing effective

representation. I, the undersigned client, understand that I may cancel this agreement at

any time, for any reason, without necessity of any reason, by notifying the attorney in

writing to immediately terminate representation in my case and to perform no further

legal services on my behalf. This notice must be in writing, dated and signed by myself,

and must be faxed or hand delivered to the attorney, with proof of service, to become

effective. (__________) initial

I agree to the above terms and acknowledge that I have thoroughly reviewed the above

and foregoing provisions and that I understand and accept the terms and conditions

herein.

DATE:

CLIENT:

OTHER PARTY:

[Describe in the place provided the terms and purpose for which the other party is being

made a party to this contract.]

ATTORNEY:

PORTFOLIO PROJECT REFLECTION

Through the completion of this portfolio project I have learned the different positions in a

law office and exactly what each role does. We worked in a group to complete this

project and this is also necessary and valuable in my future career as a paralegal.

Knowing all of the various roles in the legal office is valuable because when I employed

in this chosen field I will know exactly what each role’s purpose is or what tasks each

person is supposed to complete.

My thought process has changed as a result of this project by allowing me to work in a

group remotely to carry out a specified task to complete a project. I had never worked

on a group project before this class, let alone through only use of the internet. This

project has allowed me to look at other views and opinions and also allow myself to use

others ideas in completion of a project.

If I were asked to do similar projects like this in the future I would try to be more active in

the discussion and in submitting more work than I was able to in this project. My time

has been very limited this session due to unsurmountable family issues around my

infant son and his medical needs, and therefore time was the main issue.

The advice I would give to a student who is just beginning this project is that if you have

any questions to reach out to other members of the group that you were assigned to

and if you are having difficulties understanding the directions, be sure to reach out to

the instructors.

This class taught about all of the various technology involved in the law office in todays

quickly growing age. We learned the importance of keeping time records in regards to

the ethics surrounding billing clients and proving our billable hours. We learned about

case management and different items we must keep in client files. All of these are very

valuable and will help us to become successful in our future careers. I feel this class

met all of the program outcomes because while this class specifically was geared

towards leaning about all of the different tegnology we will be using in our future

careers, each class always builds upon other classes that we have taken prior to

expand our knowledge.