Registered Paralegal (PACE / RP) Administration of Client Legal Matters Flashcards

24 sample cards from the Administration of Client Legal Matters deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. List key steps in closing a client matter.

   Confirm all work and billing is complete, send a closing/disengagement letter, return original documents/property to the client, remove the matter from active calendars, refund any unearned fees/trust balance, and archive the file per the retention policy.

2. What is a file retention policy and why is one necessary?

   A written policy specifying how long different categories of client files are kept before destruction and how they are stored and disposed of. It ensures compliance with legal/ethical requirements, manages storage, and protects confidentiality during destruction.

3. Who generally owns the original documents in a client's file, and what is the paralegal's obligation at closing?

   The client generally owns their file/original documents. At closing the firm should return original documents and client property to the client and retain copies as needed per the retention policy.

4. Compare a letter, an email, and an internal memorandum as forms of legal correspondence.

   A letter is a formal external communication, often on letterhead, used with clients, opposing counsel, or courts. An email is faster and less formal but still a business record. An internal memorandum communicates within the firm (e.g., to the supervising attorney) and is typically privileged work product.

5. What are the standard components of a legal internal memorandum (memo of law)?

   Heading (To, From, Date, Re), Question(s) Presented, Brief Answer, Statement of Facts, Discussion/Analysis (applying law to facts), and Conclusion.

6. What is a pleading, and name the two most fundamental pleadings in a civil lawsuit.

   A pleading is a formal document filed with the court that states a party's claims or defenses. The two most fundamental are the complaint (filed by the plaintiff to start the suit) and the answer (the defendant's response).

7. What is a motion in litigation, and how does it differ from a pleading?

   A motion is a formal request asking the court to make a ruling or take an action (e.g., motion to dismiss, motion for summary judgment). Unlike a pleading, which states claims/defenses, a motion seeks a specific decision and is usually supported by a memorandum and proposed order.

8. Name the four primary discovery devices a paralegal may help prepare.

   Interrogatories (written questions), requests for production of documents, requests for admission, and depositions (oral testimony under oath).

9. What is the difference between interrogatories and a deposition?

   Interrogatories are written questions answered in writing under oath by a party. A deposition is oral testimony given under oath in person, transcribed by a court reporter, and may be taken from parties or non-party witnesses.

10. What is cite checking?

    Verifying that every legal citation in a document is accurate in format, that the cited authority exists and supports the proposition for which it is cited, and that it is still good law (not overruled or reversed).

11. In legal research, what does it mean to verify that authority is 'still good law,' and what tool is used?

    It means confirming a case or statute has not been overruled, reversed, superseded, or otherwise negatively treated. Citators such as Shepard's (Shepardizing) or KeyCite are used to check subsequent treatment.

12. What is a 'red flag' in a citator and what does it indicate?

    A red flag (or comparable strong negative signal) in a citator indicates the cited authority has severe negative treatment, such as being overruled or reversed on the relevant point, meaning it may no longer be valid to rely on.

13. What is proofreading versus cite checking in document verification?

    Proofreading checks the document for grammar, spelling, formatting, accuracy of names/dates, and internal consistency. Cite checking specifically verifies the accuracy and validity of legal citations and quotations.

14. Compare physical and electronic file organization, noting one advantage of each.

    Physical files store paper in labeled folders by matter; advantage: tangible originals and no tech dependency. Electronic files store documents digitally; advantage: searchability, simultaneous access, backups, and space savings. Many firms use a hybrid system.

15. What naming/indexing principles support effective electronic file organization?

    Use consistent, standardized file-naming conventions (e.g., date, document type, party), a logical folder hierarchy by client/matter, version control, and metadata/indexing so documents are easily located and retrieved.

16. What is timekeeping in a law firm and why is accurate, contemporaneous time entry important?

    Timekeeping is recording the time spent on each client task. Accurate, contemporaneous entries (made as work is done) ensure clients are billed correctly, support fee accountability, and prevent lost or reconstructed (and disputable) time.

17. In legal billing, how is time typically recorded in increments, and what does 0.1 hour represent?

    Time is usually recorded in tenths of an hour (six-minute increments). 0.1 hour equals 6 minutes; for example, 0.3 hours equals 18 minutes.

18. What makes a good time entry description, and why does it matter?

    A good entry is specific and identifies the task, the matter, and the work performed (e.g., 'Draft interrogatories to defendant'). Specific descriptions justify the charge, reduce client disputes and write-downs, and survive billing audits; vague entries like 'work on file' are inadequate.

19. Compare an hourly fee, a flat (fixed) fee, and a contingency fee arrangement.

    Hourly fee: client pays per unit of time worked. Flat fee: a single set price for a defined service. Contingency fee: the attorney is paid a percentage of the recovery only if the case succeeds, with no fee (but possibly costs) if it loses.

20. What is a retainer fee, and how does an advance fee retainer relate to the trust account?

    A retainer is money paid by the client up front. An advance fee retainer is unearned when received, so it must be deposited into the client trust account and withdrawn to the operating account only as the fees are actually earned.

21. What is IOLTA and what is its basic purpose?

    IOLTA stands for Interest on Lawyers' Trust Accounts. It is a pooled trust account holding nominal or short-term client funds; the interest is remitted to a state foundation to fund legal aid and access-to-justice programs rather than to the lawyer or client.

22. State the fundamental rule of trust accounting regarding client and firm money.

    Client funds must be kept separate from the firm's own funds; commingling is prohibited. Trust funds belong to the client until earned or owed, and the lawyer must maintain detailed records and never use client trust money for firm expenses.

23. What is commingling in trust accounting and why is it prohibited?

    Commingling is mixing client trust funds with the lawyer's or firm's own funds in the same account. It is prohibited because it endangers client funds, obscures ownership, and is a serious ethical violation that can lead to discipline.

24. What is the difference between a cost/disbursement and a fee, and what is the difference between hard and soft costs?

    A fee is payment for the lawyer's services; a cost (disbursement) is an expense advanced on the client's behalf (e.g., filing fees, deposition transcripts). Hard costs are paid to third parties (filing fees, expert fees); soft costs are in-house expenses (copying, postage). Costs are tracked and billed separately from fees.

What this deck covers

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