Things to consider
– Develop office manual/operating procedures manual
– “KISS” method
- Administrative policies & procedures
- Job descriptions
- Salaries and benefits
- Workplace policies
- Confidentiality policy (for staff)
- Hiring policies (recruiting, interviewing, negotiating, etc.)
- Orientation & Training policies
- Payroll policies & System
- Mail, fax and delivery handling systems
- Phone message system
- Complete computer backup system
Substantive legal systems
- Checklists for all substantive law areas
- Fee schedule for all substantive law areas
Docketing, calendaring, tickler system
- Computer (dual programs are highly recommended eg Outlook & PCLaw)
- Manual
File organization
- Client Index/Database dystem (Alpha/numeric; Centralized/decentralized)
- Opening file procedures
- Conflict of Interest system
- Closing file procedures / Retention / Storage / Destruction (visit LIANS’ File/Record Retention page)
Document maintenance (visit LIANS’ Technology page)
- Offsite – safety deposit box
- Computer backup
- Cloud storage
- Fireproof files
Forms used in practice (visit LIANS’ Sample Letters page)
- Client interview / Intake form
- Engagement / Non-engagement letters
- Written fee agreements
- Practice specific checklists
- Billing statement form
- General client correspondence, notices, etc.
- Client survey form after conclusion of representation
Client billing procedures (review LOMC Standard #5: Retention and Billing)
- Regular monthly statements even if no amount due
- Detailed billing statement
- Expense billing
- Costs to be billed: Legal assistant time/paralegal time; Telephone expenses; Duplicating expenses; Computerized legal research; Mailing costs; etc.
- Collection policy
- Credit cards for payment
Client Relations Policy (for staff purposes)
- Setting appointments, introducing staff
- Returning phone calls, email messages
- Client intake form/survey at conclusion of representation
- Keeping clients informed (Send copies of work, documents, etc.)
Accounting Procedures
- Trust accounting procedures
- Bank account reconciliation
- Cash flow statement
- Accounts receivables / Payables (“Aging review report” list of unpaid invoices)
- Expense approval System
- Counter signature requirement on cheques
Resources
Law Society of Upper Canada “Practice management: Guide to Opening Your Practice for Lawyers” and “Professional Management Practice Management Guideline“
Law Society of British Columbia “Model policies”
Nova Scotia Barristers’ Society, Code of Professional Conduct
[section 3.2: Quality of Service; section 5.1: The Lawyer as Advocate;
section 7.2: Responsibility to Lawyers and Others; section 6.3:
Equality, Harassment and Discrimination]
Law Office Management Professional Standards, Lawyers’ Insurance Association of Nova Scotia
- #1 – Record Retention
- #2 – Client Service
- #3 – Timekeeping
- #4 – Maintenance and Backup of Electronic Data
- #5 – Retention and Billing
- #6 – Cloud Computing
- #7 – Limited Scope Retainers
- #8 – Equity and Diversity
- #9 – Succession Planning
Develop client acceptance and credit policies. Consider what clients/legal scenarios you will accept – and what you won’t. Do not fall victim to the need to take anything that comes through the door, with credit, competency, ethics, and satisfaction problems as a result.
Communication
- Law Society of British Columbia “Communications Toolkit”
- Law Society of British Columbia “Respectful Language Guideline“
- Law Society of Upper Canada “Client Service and Communication Practice Management Guideline”
- Lawyers’ Insurance Association of Nova Scotia “Client Service“
- Lawyers’ Insurance Association of Nova Scotia “Communication“
- Lawyers’ Insurance Association of Nova Scotia “Retainer Agreements and Engagement Letters”
- Nova Scotia Barristers’ Society, Code of Professional Conduct [rule 2.1-1: Integrity; rule 3.2-2: Honesty and Candour; Chapter 5: Relationship to the Administration of Justice; Chapter 7: Relationship to the Society and Other Lawyers; rule 7.2-11: Undertakings and Trust Conditions; rule 7.3-1: Maintaining Professional Integrity and Judgment]
- LawPRO “Retainer Precedents“
- Law Society of British Columbia “Communication Toolkit“
- Law Society of Upper Canada “Client Service and Communication Practice Management Guidelines“
- Law Society of British Columbia “Model Client Survey“
- LawPRO “Post-matter client service survey precedent“
Conflict of Interest
- Lawyers’ Insurance Association of Nova Scotia “Conflict of Interest” and “Directors and Officers“
- Nova Scotia Barristers’ Society, Code of Professional Conduct [Chapter 3: Relationship to Client; section 3.4: Conflicts; section 5.2: Lawyer as Witness]
- Family Law Standard #1: Conflict of Interest
- Canadian Bar Association “Task Force on Conflicts of Interest Toolkit 2008“
- The Law Society [UK] (March 2015) “Practice Notes: Conflict of Interests“
- PracticePRO “Managing Conflict of Interest Situations“
- Law Society of British Columbia “Model conflicts of interest checklist“
- Law Society of Upper Canada “Conflicts of interest“
- Law Society of Saskatchewan “Conflict of Interest – Lawyers’ Personal Interests“
- LawPRO “Lawyers on boards“
- LawPRO “Sitting on a non-profit board: A risk management checklist“
Fees and Disbursements
- LIANS Law Office Management Standard #5: Retention and Billing
- “Financial Management” Lawyers’ Insurance Association of Nova Scotia
- Nova Scotia Barristers’ Society, Code of Professional Conduct [section 3.6: Fees and Disbursements]
- Law Society of British Columbia “Fees, Disbursements and Interest“
- Scott, Todd C. (November 2011) “Nine Rules for Billing Ethically and Getting Paid on Time”
- Law Society of Upper Canada “Litigation Cost Estimate Template“
- Law Society of British Columbia “Fees, Disbursements and Interest: Benchers’ Bulletin“
- Law Society of Manitoba “Appropriate Billing Practices“
- LawPRO “Resolutions to avoid fee disputes (and to make more money)” [pg.20]
File Closure
- The Law Society [UK] (June 2014) “Practice Notes: File Closure Management“
- Law Society of British Columbia (June 2013) “Closed Files: Retention and disposition“
- The Law Society of Newfoundland and Labrador “Concerning File Closure, Retention and Destruction“
- Law Society of the Northwest Territories “Photocopying a client’s file“
- Law Society of Manitoba “Transfer of Open Files to New Lawyer“
- Law Society of Saskatchewan “File Transfer on Termination of Retainer” [webinar]
Records Management
- Law Office Management Standard #1: Record Retention
- Nova Scotia Barristers’ Society, Code of Professional Conduct [section 3.5: Preservation of Client’s Property]
- Lawyers’ Insurance Association of Nova Scotia “Intake Procedures“
- Lawyers’ Insurance Association of Nova Scotia “Time Management / Missed Limitations“
- Law Society of Upper Canada “File Management and Practice Management Guideline“
Relationship to Client
- Guidelines for Practicing Ethically with New Information Technologies (Canadian Bar Association)
- Practice Checklist Manual (Law Society of British Columbia)
- Checklists by fields of practice[en francais] (Barreau du Québec)
- Legal Research Checklist (Law Society of Saskatchewan)
- Making Knowledge Management Work (CBA)
- Limitation period charts (LawPro)
- Time management / Missed limitations (Lawyers’ Insurance Association of Nova Scotia)
- Missed Limitations and Deadlines: Beat the Clock (Law Society of British Columbia)
- Saskatchewan Limitations Manual (Law Society of Saskatchewan)
- Technology Practice Management Guidelines (Law Society of Upper Canada)
- Guide des TI: Gestion et sécurité des Technologies de l’information pour l’avocat et son équipe (Barreau du Québec)
- Accessible Customer Services (Law Society of Upper Canada)
- Providing Legal Services to People with Disabilities (ARCH Disability Law Centre)
Undertakings
- Law Society of Upper Canada “Undertakings and Trust Conditions“
- Lawyers’ Insurance Association of Nova Scotia “Undertakings” [General]
- Lawyers’ Insurance Association of Nova Scotia “Undertakings” [Real Estate]
- Nova Scotia Barristers’ Society, Code of Professional Conduct [rule 5.1-6: Undertakings]
- QBE Europe Professional Indemnity Risk Management “Solicitors: A Guide to Undertakings“
Workplace training, supervision and wellness
- LAWPRO (2009) “Supervision of employees: The buck stops with you“
- The Law Society [UK] (October 2011) “Practice Notes: Supervision“
- The Law Society of British Columbia “Promoting a Respectful Workplace: A
- Guide for Developing Effective Policies”
- LIANS Family Law Standard #7: Unrepresented Party
- LAWPRO magazine (Summer 2007) “Delegating responsibly and effectively”
- Nova Scotia Lawyers’ Assistance Program