Comprehensive Analysis of Law Office Billing Procedures and Paralegal Responsibilities
Study of billing procedures and paralegal duties in legal offices.
Hunter Harris
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Comprehensive Analysis of Law Office Billing Procedures and Paralegal
Responsibilities
Explain the differences among law office billing procedures, specifically, the differences involved in billing on a
contingency basis, a flat fee basis, and an hourly basis.
Discuss the advantages and disadvantages of working as a freelance paralegal.
Discuss the types of cases that would be handled in each of the following five law offices. (e.g., in a probate
practice, paralegals would work on wills and trusts.)
state attorney general's office
public defender's office
legal aid office
county prosecutor's office
pivate family law practic
Research the ABA rules of professional of conduct and summarize the sanctions imposed on attorneys for over
billing clients. What role does the paralegal play in maintaining accurate billing statements?
What are the functions of a successful billing system? (2 points)
List at least 3 advantages computerized time-tracking has over manual time-tracking. (3 points)
Answers
Explain the differences among law office billing procedures, specifically, the differences
involved in billing on a contingency basis, a flat fee basis, and an hourly basis.
A contingency fee is the billing procedures in which the attorney gets no money from the client
until there is some financial recovery, settlement or judgment. At that point the attorney will, by
agreement, get a percentage of the recovery plus reimbursement for the attorney's out of pocket
expenses (filing fees, expert witnesses, etc.). This type of fee is most common in personal
injury/malpractice cases.
Flat fees are just that. It is a set fee for seeing the matter through to completion. For example, a
real estate closing for $300 or a simple will for $500. That is flat fee billing. It is usually paid at
the conclusion of the matter. In fact, most state bar rules require that the retainer be kept in the
trust account until the matter is completed.
An hourly rate is a type of billing in which the attorney keeps track of his or her time and bills
the client a set hourly fee every month for the time spent on the case. This is common in
litigation, civil matters, and criminal matters. Often, in larger firms, there will be multiple
attorneys working on a case and they may bill at different rates. Often in larger firms, the
paralegal time is always billed in hours at the paralegal rate.
Responsibilities
Explain the differences among law office billing procedures, specifically, the differences involved in billing on a
contingency basis, a flat fee basis, and an hourly basis.
Discuss the advantages and disadvantages of working as a freelance paralegal.
Discuss the types of cases that would be handled in each of the following five law offices. (e.g., in a probate
practice, paralegals would work on wills and trusts.)
state attorney general's office
public defender's office
legal aid office
county prosecutor's office
pivate family law practic
Research the ABA rules of professional of conduct and summarize the sanctions imposed on attorneys for over
billing clients. What role does the paralegal play in maintaining accurate billing statements?
What are the functions of a successful billing system? (2 points)
List at least 3 advantages computerized time-tracking has over manual time-tracking. (3 points)
Answers
Explain the differences among law office billing procedures, specifically, the differences
involved in billing on a contingency basis, a flat fee basis, and an hourly basis.
A contingency fee is the billing procedures in which the attorney gets no money from the client
until there is some financial recovery, settlement or judgment. At that point the attorney will, by
agreement, get a percentage of the recovery plus reimbursement for the attorney's out of pocket
expenses (filing fees, expert witnesses, etc.). This type of fee is most common in personal
injury/malpractice cases.
Flat fees are just that. It is a set fee for seeing the matter through to completion. For example, a
real estate closing for $300 or a simple will for $500. That is flat fee billing. It is usually paid at
the conclusion of the matter. In fact, most state bar rules require that the retainer be kept in the
trust account until the matter is completed.
An hourly rate is a type of billing in which the attorney keeps track of his or her time and bills
the client a set hourly fee every month for the time spent on the case. This is common in
litigation, civil matters, and criminal matters. Often, in larger firms, there will be multiple
attorneys working on a case and they may bill at different rates. Often in larger firms, the
paralegal time is always billed in hours at the paralegal rate.
Section Two
4 points
Discuss the advantages and disadvantages of working as a freelance paralegal.
Working as a freelance paralegal is often viewed as an interesting and often exciting professional
path. It allows paralegal professionals greater freedom in determining the hours they want to
work and the attorneys or law firms with whom they want to work. This type of work often
eliminates the monotony associated with the paralegal profession, thereby allowing freelance
paralegals to enjoy a diverse work environment and varying professional duties.
Unlike traditional paralegals, freelance paralegals must be prepared to market themselves in such
a manner as to convince attorneys that their services are superior to other freelance paralegals.
They must also be constantly in search of new work, and a steady paycheck is never a guarantee.
Some states allow a paralegal to work without an attorney helping people with forms and routine
documents.
BUT: It's illegal to work as a freelance paralegal in California. A paralegal has to work with a
licensed attorney. If the paralegal is working by him or herself (not under an attorney), he or she
can be sanctioned by the California bar and could lose his or her license to be a paralegal.
Section Three
20 points
Discuss the types of cases that would be handled in each of the following five law offices. (e.g., in
a probate practice, paralegals would work on wills and trusts.)
state attorney general's office—Cases involving the State or sometimes a state official. Often the
state attorney general’s office is called in as a special prosecutor when a county prosecutor
cannot participate in the case because of a conflict of interest.
public defender's office—The attorneys in this office represent people that cannot afford a
private attorney in criminal matters.
legal aid office—This office represents low income people in mostly civil actions such as
landlord-tenant disputes, domestic injunctions, consumer problems, and social security matters.
county prosecutor's office—represents the “state” or the government in prosecution of criminal
4 points
Discuss the advantages and disadvantages of working as a freelance paralegal.
Working as a freelance paralegal is often viewed as an interesting and often exciting professional
path. It allows paralegal professionals greater freedom in determining the hours they want to
work and the attorneys or law firms with whom they want to work. This type of work often
eliminates the monotony associated with the paralegal profession, thereby allowing freelance
paralegals to enjoy a diverse work environment and varying professional duties.
Unlike traditional paralegals, freelance paralegals must be prepared to market themselves in such
a manner as to convince attorneys that their services are superior to other freelance paralegals.
They must also be constantly in search of new work, and a steady paycheck is never a guarantee.
Some states allow a paralegal to work without an attorney helping people with forms and routine
documents.
BUT: It's illegal to work as a freelance paralegal in California. A paralegal has to work with a
licensed attorney. If the paralegal is working by him or herself (not under an attorney), he or she
can be sanctioned by the California bar and could lose his or her license to be a paralegal.
Section Three
20 points
Discuss the types of cases that would be handled in each of the following five law offices. (e.g., in
a probate practice, paralegals would work on wills and trusts.)
state attorney general's office—Cases involving the State or sometimes a state official. Often the
state attorney general’s office is called in as a special prosecutor when a county prosecutor
cannot participate in the case because of a conflict of interest.
public defender's office—The attorneys in this office represent people that cannot afford a
private attorney in criminal matters.
legal aid office—This office represents low income people in mostly civil actions such as
landlord-tenant disputes, domestic injunctions, consumer problems, and social security matters.
county prosecutor's office—represents the “state” or the government in prosecution of criminal
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Subject
Civil Law