maintaining - Texas Bar Practice

Establish Internal Controls

How to Establish Internal Controls×Print PDF version Of This HOW TO GUIDE. Introduction A law firm’s practice objectives are best met by implementing a good system of internal control procedures and policies. An internal control structure is a system of safeguarding the firm’s resources. It provides a way to collect, organize, record and report information that is needed for the efficient operation of your practice. There are several operating activities which require internal controls. Among them are: Practice Management, Production, Revenue, Expenditures, and Financial & Management Reporting. The firm management establishes practice objectives, which will be met by way of implementing internal control procedures and policies. Following are examples of internal control goals to be implemented in each of the above mentioned activities: Practice Management  New clients and/or new matters will be approved by management before acceptance. Contingent fee work will be evaluated and approved by management. Pro bono work will be reviewed and approved by management Written procedures to reduce the risk of a claim in performing legal work will be communicated to all firm personnel. Billing rates and terms as well as client credit limits will be set by management and communicated to clients and staff. Non-standard rates or …

maintaining - Texas Bar Practice

Document Client Expenses and Attorney’s Fees

How to Document Client Expenses and Attorney’s Fees×Print PDF version Of This HOW TO GUIDE. Introduction In order to accurately account to your client, you should keep track of client expenditures, your fees charged and fees paid. There are very few, if any, courses in law school that teach you to keep track of time and client expenses. Gathering information for billing purposes is, however, important to the survival of a law firm. It is imperative that effective systems are in place to make sure that all expenses and fees are documented. Time Keeping Tips Everyone in the firm should be taught to consistently keep time records. Regardless of how you set your rates—even in flat fee cases–you should still keep up with your time and your firm’s work on each case. Many reasons exist for this, the least of which is so that you can document later to your client (or to the State Bar Grievance Committee) if the client ever complains that you did not “do anything” on his/her case. Even if your cases are contingency fee based, the Courts may require an accounting and/or justification of client costs and attorney’s fees. If you have a system in …

Conflicts of Interest

June 16, 2020Conflicts of InterestShare this PostWhat is a conflict of interest, and why is everyone so worried about it? Licensed lawyers are given some very special powers. When we become attorneys, we become officers of the courts of the state granting the license and of the courts affirmatively admitting us to their respective bars pursuant to that license (e.g., federal courts). The law license allows us to represent (usually “for pay”) the property rights and legal interests of others while we, in essence, are allowed to stand aloof from the embattlement of interests. Not that attorneys do not become viscerally, laboriously, and even emotionally, engaged in the tug-of-war between the actual adversaries, but, as the late Sam Passman once said to a young associate: “Always remember, they’re not talking about your money.” In exchange for this professional immunity from the struggles our clients and their adversaries endure, society demands of all attorneys, through well-settled rules, certain minimum standards of conduct. The expectations of society are: that the relationship between an attorney and client be one of complete trust and openness (fostered by the attorney-client privilege that attaches to communications between the two) and that the attorney not create circumstances that suggest a weakness …

lamp - Texas Bar Practice

Draft an Employee Handbook

How to Draft an Employee Handbook×Print PDF version Of This HOW TO GUIDE. Introduction An Employee Handbook should be tailored to the individual needs of the employer and the employer’s management style. It is to be used as a guideline and should never be interpreted as a form of an Employment Contract. These guidelines are utilized by both the employee and employer as a means to ensure consistency in matters of office policy.Your initial steps should include: 1. Determining the Purpose of the Handbook Recruitment information Referral source for employees, i.e., history of the firm, etc. Standardization of policies and procedures to ensure consistent application of work rules Legal compliance with non-discriminatory laws and Worker’s Compensation and OSHA Brief guidelines providing information to employees while preserving flexibility 2. Instructional Information that Everyone can Follow: Be careful to cover all employees equally Be clear and concise in developing and implementing office policies that you and/or your firm’s management can follow Clearly define “full-time”, “part-time” and “temporary” employees and what benefits may or may not apply to each. Refrain from using the term “permanent employee”. Remember that Texas is an employment-at-will state, unless a written Employment Contract is entered into. Do not …