The following points are intended to facilitate a discussion about the mentor's law office, how it is managed, and where to locate resources for learning more information about law office management issues. This section is designed to address issues beyond those relevant to either the mentor's or the new lawyer's current employment and beyond the minimal requirements delineated in the Illinois Rules of Professional Conduct. However, see Rules 1.3, 1.4, 1.5 for reference review.
Explain how client files in mentor's office are managed and discuss the best practices for at least the following related issues:
Time records.
Records of client-related expenses.
Billing system.
Client retainer and/or payment schedules
Fee agreements, including setting a fee and common fee agreements, the advantages and disadvantages to each, ethical considerations surrounding each, examples of improper provisions in fee agreements, and the importance of using engagement, non-engagement and disengagement letters.
Escrow and trust accounts, including establishing an IOLTA, the how-to of account/auditing, use of interest proceeds, and proper procedures for handling funds and other property belonging to a client. (See Client Trust Account Handbook available on website of ARDC www.iardc.org; IOLTA Resources for Attorneys on website of Lawyers Trust Fund www.ltf.org)
Filing systems, including procedures for opening and closing files, procedures for conflict checking, creating a checklist for new files, the importance of preparing a case memorandum and case plan, how to document the progress on cases, organizing both the file contents and the office filing system, and file inventory and review procedures.
Document retention plan.
Calendar and other reminder systems.
Information Technology Systems, including docketing software.
Methods of keeping clients informed about the progress of their matters.
Discuss staff, resources, and other administrative issues in mentor's office, including the best practices for at least the following matters:
Mail distribution procedures.
Procedures for handling telephone calls, including when they should be returned.
Procedures for handling email communications, including when email should be used or avoided in favor of other methods of contact.
Considerations in purchasing office furniture and where it can be purchased.
Library and research systems.
Considerations in purchasing office equipment and the types which are essential and/or most helpful.
Other resources (publications, seminars, equipment, etc.) that a new lawyer might find particularly helpful in his or her work.
Personnel, including identifying employees who are needed to run the office efficiently and the benefits and disadvantages to hiring different types of employees (i.e., traditional, independent contractor, temporary).
Employee selection, including interviewing techniques, background investigations, extending offers, and maintaining personnel files.
Employment and discrimination laws of which an employer must be aware.
Supervising staff, handling employee discipline and preventing the unauthorized practice of law and the unethical practice by associates.
Considerations in purchasing liability insurance.