Comprehensive Analysis of Law Office Billing Procedures and Paralegal Responsibilities

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Comprehensive Analysis of Law Office Billing Procedures and ParalegalResponsibilitiesExplain the differences among law office billing procedures, specifically, the differences involved in billing on acontingency basis, a flat fee basis, and anhourly 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 probatepractice, paralegals would work on wills and trusts.)state attorney general's officepublic defender's officelegal aid officecounty prosecutor's officepivate family law practicResearch the ABA rules of professional of conduct and summarize the sanctions imposed on attorneys for overbilling 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)AnswersExplain the differences among law office billing procedures, specifically, the differencesinvolved in billing on a contingency basis, a flat fee basis, and an hourly basis.A contingency fee is the billingprocedures in whichthe attorney gets no money from the clientuntil there is some financial recovery, settlement or judgment. At that point the attorney will, byagreement, get a percentage of the recovery plus reimbursement for the attorney's out of pocketexpenses (filing fees, expert witnesses, etc.). This type of fee is most common in personalinjury/malpractice cases.Flat fees are just that.It is a set feefor seeing the matter through to completion. For example, areal estate closing for $300 or a simple will for $500. That is flat fee billing. It is usually paid atthe conclusion of the matter.In fact, most state bar rules require that the retainer be kept in thetrust account until the matter is completed.An hourly rateisa type of billingin whichthe attorney keeps track of his or her time and billsthe client a set hourly fee every month for the time spent on the case. This is common inlitigation, civil matters, and criminal matters. Often, in larger firms, there will be multipleattorneys working on a case and they may bill at different rates.Often in larger firms, theparalegal time is always billed in hours at the paralegal rate.

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Section Two4 pointsDiscuss the advantages and disadvantages of working as a freelance paralegal.Working as a freelance paralegal is often viewed as an interesting and often excitingprofessionalpath. It allows paralegal professionals greater freedom in determining the hours they want towork and the attorneys or law firms with whom they want to work. This type of work ofteneliminates the monotony associated with the paralegal profession, thereby allowing freelanceparalegals to enjoy a diverse work environment and varying professional duties.Unlike traditional paralegals, freelance paralegals must beprepared to market themselves in sucha 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 routinedocuments.BUT: It's illegal to work as a freelance paralegal in California. A paralegal has to work with alicensed attorney. If the paralegal is working by him or herself (not under an attorney), he or shecan be sanctioned by the California bar and could lose his or her license to be a paralegal.Section Three20 pointsDiscuss the types of cases that would be handled in each of the following five law offices. (e.g., inaprobate practice, paralegals would work on wills and trusts.)state attorney general's office—Cases involving the State or sometimes a state official. Often thestate attorney general’s office is called in as a special prosecutor when a countyprosecutorcannot participate in the case because of a conflict of interest.public defender's office—The attorneys in this office represent people that cannot afford aprivate attorney in criminal matters.legal aid office—This office represents low income peoplein mostly civil actions such aslandlord-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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