Law Office Procedure Midterm

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Midterm
djcoda2000
Flashcards by djcoda2000, updated more than 1 year ago
djcoda2000
Created by djcoda2000 about 8 years ago
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Resource summary

Question Answer
Beneficiary One who benefits from the action of another
Caveat Let him beware
Causa Mortis In contemplation of approaching death
De bene es se Conditionally; in anticipation of future need
Cestui que trust The beneficiary of a trust
Fortutious Unexpected; happening by chance or accident
Ex turpi causa non oritur actio No cause of action may be founded upon an immoral or illegal act
Exculpatory Clearing from alleged fault of guilt
Exigible Able to be charged
Billable Time is actual time that a lawyer or paralegal spends working on a case and that is directly billed to a client’s account
Legal value added any activity that a lawyer or paralegal perform to further a client’s case (other than clerical functions
Non-billable time is time that cannot be directly billed to a paying client
3 Types of Non Billable Time • General firm activities • Personal time • Pro bono work
• Pro bono Legal services provided free of charge to a client not able to pay
Overhead refers to general administrative costs of doing business
Leveraging is the process of earning a profit from legal services that are provided by law office personnel
Loss prevention refers specifically to insurance losses
Alternative Forms of Practice Sole Practitioner Space-Sharing Arrangements Partnership and Limited Liability Partnerships Multi-Disciplinary Partnership
4 stages of a file Opening Closing Storing  Destroying
What is a Conflict System Each law firm must have a system for determining whether there is a conflict of interest before starting to act for a client
When to check for Conflict of Interest 1) when a potential client contacts the firm 2) more detailed check after you interview the client about all the relevant parties and witnesses
litigation files usually have 4 main folders Accounting Correspondence Documents Pleadings
Various Abbreviations TT= telephone call to TF = telephone call from LT = letter to LF = letter from CC = carbon copy LM = left message
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