Antonio &Encanto Law Offices procedure manual

77
1 Antonio &Encanto Law Offices Room 107 Sterling Centre Dela Rosa St. Legaspi Village

Transcript of Antonio &Encanto Law Offices procedure manual

1

Antonio &Encanto Law Offices

Room 107 Sterling CentreDela Rosa St. Legaspi Village

2

FOREWORD

This manual is primarily intended to guide present and future

employees of the company. This shall serve as a guide in

operation and administration of the office. This Office

Procedures Manual outlines the detail of proper office function

fromanswering the phone to using the computer systems. Procedure

used in the law office is described as well as who is responsible

for them. One of its purpose is to eliminate any confusion about

procedures andresponsibilities. This addresses issues such as use

of technology and proper attire to avoid problems in the future.

This Office Procedures Manual also includes personnel employment

policy and benefits. The office holiday schedule, office hours,

and protocols for requesting time are specified in the policy.

Study this handbook and keep it with you always. Make it is a

constant guide as you continue performing your duties and

responsibilities in the company.

Antonio &Encanto Law Offices

Room 107 Sterling CentreDela Rosa St. Legaspi Village

3

TABLE OF CONTENTS

Title 1

Foreword 2

Table of Contents 3

Section 1 Personnel 8

Part 1 General Policies 8

1.1.1 Equal Opportunity Employer

8

1.1.2 Family and Medical Leave of Absence Policy

8

1.1.3 Confidentiality Policy

9

4

1.1.4 Internet, computer, and telecommunication’s protocol

9

1.1.5 Policy against Sexual Harassment

10

Part 2 Employment 12

1.2.1 Employee Classification 12

1.2.2 Probation Period 13

1.2.3 Personnel Records 13

1.2.4 Termination of Employment

14

Part 3 Personal Conduct 14

1.3.1 Personal Attire 14

1.3.2 Cleanliness and Orderliness at Work:

15

1.3.3 Office supplies and equipment 15

Part 4 Hours of Work 15

1.4.1 Regular work schedule 15

1.4.2 Timekeeping reports 15

1.4.3 Tardiness 16

1.4.4 Lunch and Coffee breaks 16

Part 5 Compensation 16

1.5.1 Salary 16

5

1.5.2 Payment of salary 16

1.5.3 Overtime 17

1.5.4 Bonuses 17

1.5.5 Expense reimbursement 17

1.5.6 Annual Income Tax Returns

18

Part 6 Benefits 19

1.6.1 Group Medical Insurance Plan for Employees

19

1.6.2 Recreation Programs 19

Part 7 Holidays, Vacations, Sick Leave

19

1.7.1 Availment of Vacation Leaves 19

1.7.2 Availment of Sick leave 19

1.7.3 Availment of Maternity Leave 20

1.7.4 Availment of Paternity Leave

20

Section 2 Office Structure 21

Part 1 Job Descriptions 21

2.1.1 Secretary’s Duties and Responsibilities

21

6

2.1.2 Receptionist’s Duties and Responsibilities

22

2.1.3 Office Assistant’s Duties and Responsibilities

22

2.1.4 Messenger Clerk’s Duties and Responsibilities

23

Part 2 Office Structure 24

2.2.1 Office Map 24

2.2.2 Reception Area 25

2.2.3 Beverages Area 25

2.2.4 Library 25

2.2.5 Mail Pickup 25

2.2.6 Building Information

25

2.2.7 Parking 25

Part 3 Supplies and Equipment 25

2.3.1 Office Supplies 25

2.3.2 Office Equipment and machineries

26

Section 3 Office Procedures 27

Part 1 Security 27

3.1.1 Office Access 27

7

3.1.2 Shredding Policy 27

Part 2 Representing the Firm 27

3.2.1 Greeting Clients and Visitors

27

3.2.2 Informing the Client 28

3.2.3 Client Confidentiality

28

3.2.4 Telephone Answering 29

Part 3 Representing Clients

29

3.3.1 Engagement Letters 29

3.3.2 Non-engagement Letters 29

3.3.3 Disengagement Letters 30

Part 4 Office Filing System

30

3.4.1 Telephone and E-mail List. 30

3.4.2 File Management 31

3.4.3 File Numbering, Recording and Labeling 31

3.4.4 Special Categories of Files 32

3.4.5 Taking Out Files 32

3.4.6 New File Opening Procedure

32

8

3.4.7 Conflicts File 33

3.4.8 Responsibility for Maintenance of the Conflicts File

34

3.4.9 Closed Files 34

3.4.10 Bill and Fee Agreement Files

34

3.4.11 Confidential Files 34

3.4.12 Opinion Files and Miscellaneous File

35

Part 5 Docket Control System 35

3.5.1 Calendaring Procedure 35

3.5.2 Tickler System 35

3.5.3 How to use the Tickler System 36

3.5.4 Items to Calendar 36

3.5.5 Responsible Parties 37

3.5.6 Making Appointments 37

Part 6 Communications 37

3.6.1 Telephone, Faxes, E-mail 37

3.6.2 Regular Mail Procedures 38

Part 7 Finance 39

3.7.1 Introduction 39

3.7.2 Timekeeping 39

9

3.7.3. Billing Statements 40

3.7.4 Clients Cost Advanced 40

3.7.6 Client Trust Funds 41

3.7.7 Cash advances and Reimbursement of Expenses

43

3.7.8 Petty Cash 43

Section 4 OFFICE FORMAT AND SAMPLE FORMS 47

Part 1 Samples of Office Format 47

4.1.1 Introduction 47

4.1.7 Memoranda 47

Part 2 Samples of Office Forms 48

4.1.1 Introduction 48

4.1.9 Confidentiality Forms 49

4.1.9 Other Office Sample Forms 50

10

Section 1 PERSONNEL

Part 1 General Policies

1.1.6 Equal Opportunity Employer

It always has been and continues to be Partnership’s policy

that employees should beable to enjoy a work environment

free from all forms of unlawful employment discrimination.

All decisions regarding recruiting, hiring, promotion,

assignment, training, termination, and other terms and

conditions of employment will be made without unlawful

discrimination on the basis of race, color, national origin,

ancestry, sex, sexual orientation, gender identity or

expression, religion, age, pregnancy, disability, work-

related injury, covered veteran status, political ideology,

genetic information, marital status, or any other factor

that the law protects from employment discrimination.

Individuals will be selected for promotion based on skill

and ability. Where skill and ability are equal, then length

of continuous employment will be the determining factor.

11

1.1.7 Family and Medical Leave of Absence Policy

Vacation Leaves

The Partnership recognizes that an employee needs respite

from work regularly to recharge or rejuvenate, or to attend

some personal matters. For this purpose the Partnership

grants vacation leaves to its employees. The employee is

entitled to receive a Vacation leave credit for every month

of service or a total of twelve (12) paid vacation leave

credits calendar per year. Vacation leave credits are earned

from hiring date but may be used only on the 7th month of

employment.

Sick Leave Policies

The company grants sick leave credits to enable an employee

to recover from illness and to earn benefits including

salary despite absence from work. All employees including

those on probation are entitled to sick leave credits for

every calendar year. Accumulation of unused sick leave

credits is allowed up to a maximum of three (3) years.

However, unused sick leave credits are not commutable or

convertible to cash.

1.1.8 Confidentiality Policy

Every member of a law office, from partners to the file

clerk, is under a strict obligation to protect the privacy

and secrets of clients. Disclosure of a client confidence is

one of the most serious errors you can make. Penalties could

12

include immediate termination of employment and other

disciplinary actions.

1.1.9 Internet, computer, and telecommunication’s protocol

Playing music, watching tv, using personal videos within the

office premises

Playing loud music, listening to radio, watching TV or

personal videos within the office premises using the

Partnership’s equipment/facilities at anytime are strictly

not allowed by the Partnership at all times (except during

social activities sponsored by the Partnership for its

employees or clients/guests).

Use of the Telephone

The telephone is our best public relations tool. It is a

very convenient instrument for doing our transactions. Yet

it can also be detrimental to the Partnership if not handled

properly. More often than not, the impression created by way

of our response over the telephone will project the image of

what our Partnership is.

It is because of this concern that one is required, as an

employee to practice telephone ethics. The employee is

expected to communicate a sense of professionalism, tact and

diplomacy whenever you use this medium. As such, the

employee will be taking advantage of every opportunity to

create Partnership goodwill.

13

Always remember to relay a positive disposition whenever you

are talking with somebody in the telephone. Cordial

greetings such as “Good Morning”, “How May I Help You”, will

aid you in communicating an air of pride and desire to be of

service.

To maximize its use, the telephone should be used for

official business only. The phone is intended for business

use. Personal calls are discouraged unless necessary and

should be with prior approval from the immediate superior.

Electronic Mail Policy

Email is a business tool which should be used for business

communication among employees and other authorized users.

All users are required to use this resource in an efficient,

ethical and lawful manner and solely for business purposes

only. All users are required to adhere to the same standards

for email as expected for written business communications or

public meetings. All email communication, including

information stored, transmitted and received or contained in

the Company’s mails systems are the sole property of the

Partnership.

14

No user is entitled to an expectation of privacy with

respect to email communications. The Partnership reserved

the right to monitor, disclose, and product copies of email

transmissions at any time without notice. The Partnership

reserved the right to monitor the use of its email systems

and equipment including phone lines, computers, and software

and storage devices.

1.1.10 Policy against Sexual Harassment

This policy is implanted in compliance with Republic Act No.

7877 (Anti Sexual Harassment Act of 1995)

Declaration of Policy. - The State shall value the dignity of

every individual, enhance the development of its human

resources, guarantee full respect for human rights, and

uphold the dignity of workers, employees, applicants for

employment, students or those undergoing training,

instruction or education. Towards this end, all forms of

sexual harassment in the employment, education or training

environment are hereby declared unlawful.

Work, Education or Training -Related, Sexual Harassment Defined. - Work,

education or training-related sexual harassment is committed

by an employer, employee, manager, supervisor, agent of the

employer, teacher, instructor, professor, coach, trainor, or

any other person who, having authority, influence or moral

15

ascendancy over another in a work or training or education

environment, demands, requests or otherwise requires any

sexual favor from the other, regardless of whether the

demand, request or requirement for submission is accepted by

the object of said Act.

(a) In a work-related or employment environment, sexual

harassment is committed when:

(1) The sexual favor is made as a condition in the

hiring or in the employment, re-employment or

continued employment of said individual, or in

granting said individual favorable compensation,

terms of conditions, promotions, or privileges; or

the refusal to grant the sexual favor results in

limiting, segregating or classifying the employee

which in any way would discriminate, deprive

ordiminish employment opportunities or otherwise

adversely affect said employee;

(2) The above acts would impair the employee's

rights or privileges under existing labor laws; or

(3) The above acts would result in an

intimidating, hostile, or offensive environment

for the employee.

16

(b) In an education or training environment, sexual

harassment is committed:

(1) Against one who is under the care, custody or

supervision of the offender;

(2) Against one whose education, training,

apprenticeship or tutorship is entrusted to the

offender;

(3) When the sexual favor is made a condition to the

giving of a passing grade, or the granting of honors

and scholarships, or the payment of a stipend,

allowance or other benefits, privileges, or

consideration; or

(4) When the sexual advances result in an intimidating,

hostile or offensive environment for the student,

trainee or apprentice.

Any person who directs or induces another to commit any act

of sexual harassment as herein defined, or who cooperates in

the commission thereof by another without which it would not

have been committed, shall also be held liable under this

Act.

Employees who believe they have been subjected to any form

of prohibited harassment by any staff in the Partnership

should immediately notify the Chief Human Resources Officer

17

or to the attention of someone in the position of

responsibility.

Sexual harassment amounts to disgraceful and immoral

conduct. Such conduct is punishable with suspension or

dismissal depending on the gravity of the act committed.

Part 2 Employment

1.2.1 Employee Classification

Probationary Employment

Probationary employment shall not exceed six (6) months from

the date the employee started working, unless it is covered

by an apprenticeship agreement stipulating a longer period.

The services of an employee who has been engaged on a

probationary basis may be terminated for a just cause or

when he fails to qualify as a regular employee in accordance

with reasonable standards made known by the employer to the

employee at the time of his engagement. An employee who is

allowed to work after a probationary period shall be

considered a regular employee.

Regular Employee

An employee who has completed the probationary period and

allowed to continue shall be a regular employee. A regular

employee shall enjoy all the benefits Labor Law provides as

18

well as additional benefits the company grants its regular

employee, in accordance with his position and employment

contract.

1.2.2 Probation Period

It is customary for any employee to require some time to

adjust to a new work environment, regardless of the amount

of experience and training gained from other companies.

Thus, the effective performance on the job will not only

depend on the abilities and skills of the employee but also

on the ease by which you are able to adjust to the existing

system and work within it. With this in mind the Partnership

has provided for an adjustment period of 6 months referred

to as the probationary period.

After the completion of the probationary period, the

employee’s performance will be reviewed and if the

performance is satisfactory, employment will be made

regular.

The services of a probationary employee may be terminated

when employee fails to qualify as a regular employee based

on the Partnership’s performance standards which were made

known to the employee at the time of employment engagement.

1.2.3 Personnel Records

Employees are required to submit certain personal records to

the Partnership. Such information shall remain confidential.

19

The employees should inform the Partnership of any changes

in his/her personal status for the following reasons:

Correct personal information will ensure updated,

complete and accurate coverage in insurance,

healthcare and other benefit plans.

The Partnership may need to use the information

on the employee’s behalf in case of emergencies.

The following information should always be updated:

Name

Home Address

Marital Status

Number and names of qualified dependents for

statutory tax and benefits programs

Beneficiaries, if any of employee for health and

insurance plans

Name of person to notify in case of emergency

1.2.4 Termination of Employment

Resignation

If for one reason or another, the employee decide to leave

the Partnership, the employee is required to submit a letter

of resignation addressed to the Managing Partner at least

thirty (30) days before the effective date of the

resignation.

Termination for just causes

20

The Partnership may terminate employment service of an

employee for any of the following just causes:

1. Violation of Partnership Policies.

2. Other lawful cases as enumerated in the Labor Code.

3. Serious misconduct or wilful disobedience by the

employee of the lawful orders of his/her employer or

representative in connection with the work.

4. Gross and habitual neglect by the employee of

his/her duties.

5. Fraud or wilful breach by the employee of the trust

reposed in him/her by the employer or duly

authorized representative.

6. Commission of a crime or offense by the employee.

7. Other causes analogous to the foregoing.

Part 3 Personal Conduct

1.3.1 Personal Attire

The Partnership encourages employees to dress comfortable

with consideration given to maintain a professional

appearance. Appropriate attire should be worn at all times

in keeping with commonly recognized standards. It is

expected that all employees report to work in the proper

attire, neat, and well groomed. Personal cleanliness is a

MUST for all employees for the health and well-being of all

whom the employees transact with. The Institution is

21

concerned with the health and well-being of each person

entrusted to its care. Each employee is expected to show

similar concern for his health and the health of others.

1.3.2 Cleanliness and Orderliness at Work:

Always maintain your work stations safe, clean and neat at

all times.

The Partnership discourages employees to display the

following personal items in their work stations:

Cosmetics, makeup and makeup kits

Stuffed toys

Toiletries

Soiled clothes, socks, handkerchiefs

Blankets, pillows

Personal items such as picture frames, calendars, figurines,

table clocks are allowed provided they do not distract other

employees in their work performance. As much as possible,

personal effects should be used minimally and placed on top

of tables and not mixed with official files.

1.3.3 Office supplies and equipment

All office supplies and equipment should be used for

official purposes only.

Part 4 Hours of Work

1.4.1 Regular work schedule

22

The Partnership observes a regular work schedule that runs

for eight hours a day. 5 days work week.

Monday to Friday 8:00 am to 12:00 noon, 1:00 pm

to 5:00 pm

1.4.2 Timekeeping reports

All employees are required to submit a Timekeeping report to

the Managing Partner every payroll period, following this

submission schedule:

Payroll period 1-15 = Submit TR on or before 18th of

the current month

Payroll period 16-31 = Submit TR on or before

3rd of the following month

The timekeeping report shall be the sole basis for the

payment of the employee’s salary.

1.4.3 Tardiness

The partnership requires all employees to register their

time-in into the timekeeping log book to record daily

attendance and arrival and departure time.

The company recognizes the fact that there are factors which

can affect an employee’s attendance in the office. As such,

the Partnership allows employees to incur tardiness up to

six (6) times during the month

Tardiness is charged against the employees' payroll for the

period covered. If the time-in exceeds 8:15 am, salary

23

deduction charges to be computed from 8:16 am. Excessive

tardiness of an employee may be a cause for imposing

disciplinary action.

1.4.4 Lunch and Coffee breaks

Every employee is entitled to a one-hour lunch break

everyday.

Going out of the office premises or overstaying in

designated dining area/pantry to eat late breakfast, early

lunch/dinner or snacks which exceeds the allowable 15-minute

allowable period should be avoided.

Part 5 Compensation

1.5.1 Salary

It is the policy of the Partnership to give just, fair and

equitable salary to its employees. The Partnership’s

compensation practices are regularly reviewed and maintained

to ensure these clearly reflect the requirements of the law

as enumerated in the Labor Code and other relevant wage

regulations.

1.5.2 Payment of salary

The Partnership will pay the employees’ salary every two

weeks through an automatic teller machine (ATM) account

which the employee is required to open in a bank the

Partnership will specify. The net salary of the employee

24

will be credited to the bank account every 15th and 31st of

the month, unless management specifies other pay date as it

deems necessary.

1.5.3 Overtime

Overtime is work authorized by the Partnership to be

performed beyond the employee’s regular work hours. On

regular working day, overtime is work beyond the eight hour

regular work hours.

Such work shall be compensated according to what the law

provides.

1.5.4 Bonuses

All employees will receive a 13th month pay on or before

December 25 of each year. The 13th month pay is equivalent

to 1/12 of the total basic salary earned by the employee

within a calendar year. If an employee worked less than one

(1) full year, employee will still earn 1/12 of what was

earned during the year.

All employees are entitled to receive a 14th month bonus

which is payable every May 15th of each year. The 14th month

pay is equivalent to one month basic salary of the employee

as of May 15. However, the 14th month bonus is pro-rated if

employee has less than 1 year tenure with the Partnership as

of May 15.

1.5.5 Expense reimbursement

25

The Partnership will reimburse covered out-of-pocket

expenses to the extent they are reasonable, necessary, and

otherwise not recoverable as set forth herein. The

appropriateness of reimbursements will be determined on a

case-by-case basis.

The Partnership will consider paying for certain

activities such as membership dues, conferences, seminars,

sponsorships, or attendance at events that meet the

following criteria:

1. If joining an organization, the organization should

meet on a regular basis, preferably no less than

eight times per year.  The attorney must attend all

regularly conducted meetings of the organization.

2. Within six months of joining an organization, the

attorney must become an active member in the

organization by taking a leadership role or joining

a committee.

3. The organization’s membership should consist of

individuals who are potential clients or referral

sources for the attorney or firm.

4. The attorney must report on whether the money spent

by the firm for the attorney’s business development

activity has been worthwhile.  Associate attorneys

26

should report to their mentor during the semi-annual

and annual associate review process, and

shareholders should report to the executive

committee prior to approval of the annual budget. 

Attorneys should consider reporting on the following

1.5.6 Annual Income Tax Returns

Employees who are qualified for substituted filings are no

longer required to file Income Tax Return with the Bureau of

Internal Revenue (BIR). However, the employer should furnish

the employees with the original and duplicate copies of BIR

Form No. 2316 or Certificate of Compensation Payment/Tax

Withheld on or before January 31 of the succeeding calendar

year, or if employment is terminated before the close of

such calendar year, on the day on which the last payment of

compensation was made.

Substituted filing applies only if all of the following

circumstances are present:

The employee receives purely compensation income

(regardless of amount) during the taxable year;

The employee receives income only from one employer

during the taxable year;

The amount of tax due from the employee at the end of

the year equals the amount of tax withheld by the

employer;

27

The employee’s spouse also complies with all three

conditions stated above.

Part 6 Benefits

1.6.1 Group Medical Insurance Plan for Employees

Upon hiring, the employee is provided with automatic

coverage to the company-provided group medical insurance

plan. The group medical insurance plan for employees is non-

contributory, thus, the Partnership pays for the full

premium cost.

1.6.2 Recreation Programs

The Partnership will offer regular recreation programs

designed to promote personal growth and development to

refine leadership skills through a comprehensive and diverse

recreation opportunities. These consist of informal

gatherings to celebrate significant Partnership milestones

and some structured activities and programs such as the

annual excursion and Christmas party.

Part 7 Holidays, Vacations, Sick Leave

1.7.1 Availment of Vacation Leaves

An employee may start using vacation leave credits after

completing six months of continuous service or during the

28

seventh month of employment. An employee may submit the

application for leave form two weeks before the scheduled

date of vacation. An employee may be asked to change the

date of vacation leave if the work schedule does not permit

the employee to go on leave during the preferred leave

dates.

1.7.2 Availment of Sick leave

An employee earns one paid sick leave credit per month of

service or a total of twelve (12) sick leave credits per

calendar year. Sick leave credits are earned from date of

hire but may only be used on the second month of employment.

An employee can only charge sick leave if reasons is due to

employee’s illness/sickness or any medical related

conditions which prevented employee from reporting to

office.

Sick leaves are normally unplanned and unscheduled. In cases

unplanned sick leaves, it is the responsibility of the

employee to notify the immediate superior about such leave

within 24 hours of start of leave. Three consecutive sick

leaves incurred will require employee to present

substantiating documents as evidence of sickness/medical

illness such as medical certificate from attending

physician.

1.7.3 Availment of Maternity Leave

29

Female employees who are covered by the Social Security

System (SSS) law are entitled to avail of maternity leave as

stipulated in the provisions of Presidential Decree no. 1202

(issued in September 1997)

The maternity leave period of an employee may enjoy is based

on existing SSS laws. For normal delivery, 60 calendar days

while for caesarean section delivery is 78 calendar days.

The Partnership will grant female employee maternity leave

benefits up to four maternity cases, as approved by SSS.

1.7.4 Availment of Paternity Leave

Paternity leave is extended by the Partnership to any

married male employees, cohabiting with his legitimate/legal

wife at the time of child’s birth. It is available only for

the first four deliveries/miscarriages. The leave shall be

for seven work days with full pay consisting of basic salary

and mandatory allowance.

30

Section 2 OFFICE STRUCTURE

Part 1 Job Descriptions

2.1.1 Secretary’s Duties and Responsibilities

The Secretary is responsible for assisting attorneys in the

law office by performing clerical and administrative duties.

The Secretary is be responsible for the following:

Support attorneys in a legal setting.

Prepare correspondence and legal papers such as

summonses, complaints, motions, and responses, under

the supervision of an attorney.

Review legal journals and assist with legal research.

Prepare documents for submission to the courts.

Takes and transcribes dictation.

Arrange appointments, schedule meetings and arrange

conference rooms.

Alert attorneys about cancelations or new meetings and

appointments.

Update calendars and docket.

31

Handle information requests.

Prepare correspondence and stuff mail into envelopes.

Prepare confidential and sensitive documents.

Coordinates office management activities.

Determine matters of top priority and handle

accordingly.

Prepare agenda for meetings.

Operate office equipment, such as photocopy machine and

scanner.

Receive and relay telephone messages.

2.1.2 Receptionist’s Duties and Responsibilities

The Receptionist is responsible for handling front office

reception and clerical duties, including greeting guests and

offering them a beverage, answering phones, handling company

inquiries, and sorting and distributing mail.

The Receptionist is responsible for the following:

Greet visitors warmly and make sure they are

comfortable.

Answer phones and route calls to specific people.

Answer inquiries about company.

Coordinate mail flow in and out of office and arrange

for outgoing mail and packages to be picked up.

Validate parking tickets and issue parking passes.

32

Sort and collate mail.

Place mail in proper buckets for distribution, open

envelopes and dispose of junk mail.

Date stamp all incoming mail.

Sort mail such as returned letters, adjustments, bills,

orders, and payments.

Receive outgoing mail and apply correct postage.

Assist in the filing, and other clerical duties.

Ensure reception area is tidy.

2.1.3 Office Assistant’s Duties and Responsibilities

The Office Assistant’s is responsible for performing an

office's administrative activities and managing the office's

information database.

The Office Assistant is responsible for the following:

Operate file management system.

Compiles, stores, and retrieves company information.

Retrieve files for personnel.

Organize and maintain paper and electronic files.

Utilize office equipment, including fax machines,

photocopiers, scanners, and telephone systems.

Create spreadsheets and input data, and perform data

entry.

33

Review incoming memos, submissions, and reports and

respond appropriately.

Maintain hard copy and electronic filing system.

Answer phones and greet clients warmly.

Perform basic bookkeeping duties.

Restock supply closet with printing paper, ink, pens,

paper clips, staplers, files and folders, and

correction fluid and ensure office is adequately

stocked with mail supplies.

2.1.4 Messenger Clerk’s Duties and Responsibilities

The Messenger Clerks is responsible for delivering documents

and other effects and must ensure that documents are handled

with care and delivered in a time efficient manner as well

as run other errands such as paying bills.

The Messenger Clerk is responsible for the following:

Deliver letters/correspondence forms, billings and

other related official business documents

Delivers check payments to PLDT, MERALCO, BIR, and

other governing entities.

Coordinate with the Receptionist in collecting,

receiving, sorting and distributing incoming and

outgoing mails.

Assist in the filing and retrieval of correspondence

and documents.

34

Performing any other duties as assigned by the

partners.

Part 2 Office Structure

2.2.1 Office Map

35

2.2.2 Reception Area

36

The receptionist is responsible of ensuring that the

reception is tidy and comfortable for waiting client.

Magazines and newspapers shall be updated for clients to

read while waiting.

2.2.3 Beverages Area

There’s a coffee maker and water dispenser in the conference

room. Coffee and water are available of the personnel,

clients and visitors. The receptionist is responsible for

monitoring the supply coffee and water.

2.2.4 Library

There’s a mini library at the corner left side of the main

office.

2.2.5 Mail Pickup

The receptionist shall be responsible in receiving mails.

Mails and packages required to be picked up shall be the

responsibility of the messenger clerk whether at the lobby

of the building, the postal office, or other locations.

2.2.6 Building Information

The entrance of the office building opens at 7:00am and

closes at 9:00pm from Monday to Saturday. It is closed on

Sunday. The exit on the left side of the building is open 24

hours seven days a week. The building has common toilet for

tenants and visitors. The Men’s toilet is at the left end of

37

the hallway and the women’s toilet is at the right end of

the hallway.

2.2.7 Parking

The company is leasing a parking space at basement of the

building. The building provides parking area paid on hourly

basis for visitors. The receptionist is responsible for

validating parking tickets and issuing parking passes.

Part 3 Supplies and Equipment

2.3.1 Office Supplies

It is the office assistant’s responsibility to restock

supply closet with printing paper, ink, pens, paper clips,

staplers, files and folders, and correction fluid, and to

ensure office is adequately stocked with mail supplies. The

office assistant shall keep an inventory of the office

supply which shall be updated on a weekly basis.

2.3.2 Office Equipment and machineries

It is the office assistant who is responsible in maintaining

and operating office equipment and machineries. For other

personnel, make sure to read the manuals of the equipment

and machineries before operating them.

38

Section 3 OFFICE PROCEDURE

Part 1 Security

3.1.1 Office Access

All employees shall be given a door access card which will

be used in gaining entry to and /or leaving the office

premises. For employees who have no door access card or have

not yet been issued with, the entrance to and exit from the

39

office premises will be administered by the receptionist or

security personnel assigned at the lobby.

Employees are not allowed to lend their door access card to

their colleagues anytime. In case of defective door access

card, employee should report it immediately in writing. In

case of resignation, an employee is required to surrender

the door access card to the Partnership.

3.1.2 Shredding Policy

It is important to shred all documents that contain any of

confidential information. A locked shredding container is

located in a strategic location in the office. Documents to

be shredded should be place in the appropriate container and

should not be left to accumulate. The decision to “shred or

not to shred” should be answered by the statement: if you

can’t decide and it is no longer being used, shred it. As

containers are filled, maintenance staff will replace with

an empty bag and the filled bag will be emptied into locked

bins.

Shredding bins are for confidential information only,

recycling guidelines are provided for documents that do not

contain confidential information.

Part 2 Representing the Firm

3.2.1 Greeting Clients and Visitors

40

It is the duty of the receptionist to greet clients and

visitors as pleasant as possible. Immediately attend to the

visitors and guide them to the proper person or offer the

couch in the reception are and the magazines and newspapers

if they have to wait. Coffee or water shall be offered for

the convenience of the clients or visitors. The

receptionist, as well as the other personnel shall make the

clients or visitors feel welcome and comfortable while

visiting the office. Office personnel shall be courteous and

understanding to the client’s situation.

3.2.2 Informing the Client

It is the duty of the lawyer with the assistance of the

secretary to keep the client informed. Send the client

copies of correspondence and/or pleadings. He/she may not

understand them, but will be happy you sent them anyway. The

secretary shall take notice of dormant cases. If the case is

to remain dormant for quite some time, notify the client and

explain the reason for the delay.

3.2.3 Client Confidentiality

Every member of the law office, partners and personnel, is

under a strict obligation to protectthe privacy and secrets

of clients. Disclosure of a client confidence is one of the

most serious errors one can make.

The law office is an exciting place. You’re privy to

information others don’t have. You learn interesting things

41

about prominent people. Do not to share this news with

outsiders, including friends and family.

Following are some guidelines to remember in maintaining

client confidentiality:

• Don’t discuss business outside the office.

• Never discuss one client’s business with another

client.

• Remember that your duty of confidentiality continues

even after the case is closed. It also continues after

you leave the firm.

• Be wary when clients or strangers want to use your

office or an attorney’s office to make a fewtelephone

calls. Make sure no client files or documents are

visible.

• Never release information to callers such as a

client’s accountant or an insurance adjuster without

authorization.

• Be careful when disposing of confidential papers,

including rough drafts or duplicates. Use shredders or

other secure disposal methods for sensitive materials.

All employees are required to sign the confidentiality

forms, at the beginning of their employment which shall be

included in their personnel files.

3.2.4 Telephone Answering

42

Whether the new potential client is a referral or someone

who has seen your marketing material, take care in the

manner in which you conduct initial telephone interviews.

Follow the standard form to gather necessary information to

conduct a proper conflicts of interest check. Remember that

confidential information gathered during a telephone inquiry

in which a potential client in good faith is seeking legal

counsel could disqualify the office from representing a

current client with a conflict of interest. However, it is

also important that the potential client feels like you

consider them a person and not just a potential case.

Part 3 Representing Clients

3.3.1 Engagement Letters

Once one of the partners has agreed to represent a client,

the secretary shall execute an engagement letter that

establishes the attorney’s duties and fees. The purpose of

the engagement letter is to avoid misunderstandings,

providing the client with written documentation of the

services that the attorney will provide and expectations of

the client.

3.3.2 Non-engagement Letters

If, for any reason the attorneys decide not to pursue

representation the secretary shall follow it up with a non-

engagement letter. This letter will serve to protect you in

43

the office in the future. A non-engagement letter should be

courteous and thank the potential client for visiting your

office and acknowledge the reason for not taking the case.

Without commenting on the merit of the case, advise the

client of the right to seek a second opinion and that time

limitations will apply.

Retain copies of non-engagement letters to rebut any

potential claim of representation that may arise.

3.3.3 Disengagement Letters

When the matter comes to a close, it is important to

terminate representation properly so that all parties are

aware that the relationship has concluded. The secretary

shall send a dis-engagement letter indicating to a client

that representation has concluded. State clearly the reason

for terminating the representation and that no further

actions will be taken on the client’s behalf. If there is an

unresolved related issue not covered by the representation,

indicate such information as well. Informing the client of

any related unresolved issues and that time limitations

apply will assist in preventing future claim that the client

considered all matters resolved or covered by the

representation.

Include the final bill with the dis-engagement letter, even

if there is a zero balance. If a refund is due to the client

for unearned fees, include it as well. This allows the

44

attorney to settle the account with the client in a timely

manner.

Return original documentation to the client with the dis-

engagement letter. This includes all belongings that the

client provided you for the representation. Thank the client

for the opportunity to assist them with their matter.

For the repeat client, send a dis-engagement letter for each

matter to ensure that they know that this particular case is

concluded, and open any subsequent cases with the

appropriate engagement letter.

Again, copies of dis-engagement letters should be kept in

the client file.

After your letters have been sent, confirm with the persons

that they actually received it, and document this fact.

Part 4 Office Filing System

3.4.1 Telephone and E-mail List.

A separate telephone and e-mail list of all clients and

contact shall be kept and updated by the receptionist. The

receptionist is in-charge of monitoring and filing the

telephone log, fax log and e-mail log.

3.4.2 File Management

The Office Assistant shall be responsible in operating the

filing system. The office adopts centralized filing system.

45

The office maintains a permanent client list in a Microsoft

excel with the names of former and present clients,

including one time consultations, arranged alphabetically. A

hard copy shall be printed regularly.

3.4.3 File Numbering, Recording and Labeling

The Office Assistant shall be responsible in operating the

filing system. The office adopts centralized filing system.

Documents are filed by assigned permanent file numbers. Each

new client is assigned a permanent client number, according

to the date of their first consultation and the number of

possible new clients on the said date, then followed by a

dash and a sequential number for each new file opened for

that client.

Year Month Date Number 15013106

First File 15013106-1

Second File 15013106-2

Third File 15013106-3

Example:

Arlene Mabuti’s first consultation is on December 5,

2014, and she is the second possible new client on that

date, her file number is 14120503.

14- stands for 2014,

12 - for December,

46

05 - for the date of the day, and

03 - for being the third possible new client.

Her first file, legal separation, is 14120503-1.

Her second file partition, is 14120503-2.

3.4.4 Special Categories of Files

The office uses color coded expanding file envelopes and the

documents are separated into files and sub-files within the

pockets using color coded manila folders. It’s yellow for

civil case, red for criminal case, and green for

administrative case. Sub-files and labeled according to class

or type of documents. Each client file may contain sub-files

for:

Communications, including: correspondence; memorandums to

file or notes of conversations; meetings; or telephone

calls arranged chronologically

Substantive memorandums and investigations

Original documents

Retainer letter

Rirm accounts and billing information

Legal research

Undertakings to be satisfied

Others, as appropriate to the file.

47

3.4.5 Taking Out Files

There office has a sign out system which make use of blue

file folders labeled “out” with columns on the cover for the

date, the name and number of the file or part of file

removed, and the name of the person who took it out to avoid

annoying, time-consuming, and money-wasting problem looking

for lost documents, files, or missing portions of a file.

3.4.6 New File Opening Procedure

Open a separate file for each new client matter. Each

client matter shall be individually opened as a file,

recorded in the officesystems, documented, and followed up.

The first and most important document for a file is the file

opening sheet. It shall be filled out by the responsible

lawyer at the initial client interview.

Once completed, the file opening sheet is then given to the

office assistant responsible for opening files and is

fastened to the communications side of the file. That person

should then do a conflicts check and, if the result is

negative, enter the information in all the appropriate

systems file, opening book, computer list or client index

card, opposing party database or index cards, accounting

system, and limitation date system.

One-time consultations clients shall be entered into the

files for case management and conflicts system even if

48

nowork is done or confidential information received to allow

you to search for thename of the potential client associated

with a file.

3.4.7 Conflicts File

A conflict of interest is a compromising influence that is

likely to negatively affect the advice which a lawyer would

otherwise give to a particular client. There is a database

from MS access which contains the following fields, date

opened, matter name, file number, client name, lawyer or

paralegal, description of matter, conflicts name, date

closed, closed file number, and date destroyed, and status

of our client. It shall be used for conflict checking.

The process would be before the initial consultation.

Potential clients shall be required to disclose information

including their other names, spouse’s name, opposing

parties’ name, and associated person or entities’ name. The

information provided by the prospective client is entered in

the database to be able to check if there is a potential

conflict before allowing a consultation.

After the initial consultation the responsible person shall

review the database again. Conflicts search memo would then

be circulated between the members of the law office. If

there is a conflict of interest, the lawyer must then

49

determine whether he or she can act. A non-engagement letter

will be given to the client, if it is found that the

conflict of interest cannot be managed. If it shall be

accepted the prospective client, disclosure on the potential

conflict shall be made.

Every time a new client or party enters the law office, a

conflicts check shall be performed.

3.4.8 Responsibility for Maintenance of the Conflicts File

The office assistant shall be responsible for conflict

checking. However, it is important that everyone be familiar

with the system and use it. The secretary shall be

responsible for conflict checking in the absence of the

office assistant.

3.4.9 Closed Files

Closed files are kept in a drawer in the filing cabinet,

separated from active files. Closed Electronic Client Files

are transferred and saved in a separate folder labeled all

closed files.

3.4.10 Bill and Fee Agreement Files

Billable time must be accurately recorded and done so on a

daily basis using the preprinted forms. It is the duty of

50

the secretary to collect time sheet or record billable time

as dictated by the attorney, on a daily basis. Make daily

entries on the computer. Statement shall be itemized to let

the client know what have been doing on his/her case.

Refer to the fee agreement before billing the clients. It is

the duty of the office assistant to prepare and send

statements periodically as the case progresses.

The bill and fee agreement file shall be included in the

clients file on a separate sub-folder. The office assistant

shall monitor and keep records of the billing in the

computer.

Billing

Acceptance Fee

An acceptance fee is a fee for accepting a case or a client.

It is generally not considered a fee for services rendered

(or work performed) as these services are, as a rule,

charged separately. Upon payment, the client is entitled to

representation by the lawyer or law firm and the assurance

that the lawyer or law firm shall not engage other clients

or espouse other interests that are in conflict with the

client’s.

Retainer Fee

A retainer fee is usually a monthly fee of a fixed amount

for a buffet of advisory and other services, including,

review of contracts and agreements, drafting of legal

51

opinions and other legal documents in the ordinary course of

business. Corporate housekeeping and corporate secretary

services may also be included in such fee. A retainer fee

does not usually include prosecuting or defending against

criminal, civil or administrative cases, or those before

quasi-judicial agencies (such as the Department of Justice

and the NLRC), which are billed hourly.

Services build hourly

Prosecuting or defending against criminal, civil or

administrative cases, or those before quasi-judicial

agencies, commonly referred to as litigation, is typically

billed by the hour or at an hourly rate. Extensive studies,

drafting of lengthy opinions, preparation of voluminous

documents or submissions requiring considerable amounts of

time, manpower or effort may also be billed by the hour.

The hourly-billing arrangement is the customary fee

structure employed by lawyers because it is generally

regarded as the most fair for both the lawyer and the

client. This is because the amount of fees is directly

proportional to the amount of work performed as it is based

only on the actual time spent on the matter.

Bill by output

Bill by output (a pleading, motion or any other document) at

a fixed rate that disregards the amount of time required to

52

prepare the same. A fixed rate for court appearances or

meetings may also be agreed upon.

Stage-Billing Arrangement

A packaged or stage-billing arrangement is an alternative

(like output billing) to hourly billing in that a client is

charged a fixed amount for representation in a case, usually

billed at certain stages of the case. The amount billed may

be based on the money value of the legal claim prosecuted or

defended against, in which case, it is sometimes referred to

as “value-billing”.

Hourly Capped arrangement

An hourly-capped arrangement is a variation of the hourly

billing arrangement in that a limit or cap, whether in terms

of money or time, is agreed upon, such that even if a

lawyer’s services take more time than expected, the client

is not billed over the limit or cap

Contingency or success fee

Instead of billing by the hour or per output/appearance, a

lawyer may bill a client equivalent to a percentage (usually

10% or more) of the amount received by the client from an

award by a court or tribunal in case of a victory. Note,

however, that contingency fees are not popular among

reputable lawyers as it places a pecuniary interest in the

outcome of the case and encourages a mercenary attitude

among lawyers.

53

A success fee is a variation of the contingency fee in that

while a lawyer may be compensated by the hour or per output,

he or she is entitled to collect a fixed fee in case of a

victory.

3.4.11 Confidential Files

The highly sensitive client documents like original will,

title deeds, and securities are locked in a safety vault

where its physical security and confidentiality are secured.

The partners shall have the exclusive access to the safety

vault.

3.4.12 Opinion Files and Miscellaneous File

Non-client files such as precedents, research and opinions,

office administration and personnel are on a separate

lateral filing cabinet. These are organized with care and a

general index of all these files is kept and contents index

for highly valuable files.

Part 5 Docket Control System

3.5.1 Calendaring Procedure

Anyone can enter information into the docket system by using

the tickler cards. The cards shall be completed and given to

the docket coordinator. Or the information can be given

directly to the docket coordinator, who actually prepares

the tickler and files in the system. Each day, the docket

54

coordinator shall distribute the tickler cards that appear

in the docket system for that date. A monthly back up

calendar shall be maintained by the docket coordinator. The

deadline coordinator shall also enter the deadline date of

each item on the back-up monthly calendar. Each day, the

coordinator pulls all files requiring activity that day.

After the activity has been completed, the files should be

immediately returned to their storage cabinets and a new

tickler date should be established.

Never file or shelve a client file until the next activity

date is tickled.

The docket coordinator shall prepare a weekly calendar and

monthly calendar for the office. The calendars shall show

all upcoming deadlines and activities. The calendars shall

be given to the attorneys and support staffs on Monday so

they know what must be accomplished during the week.

3.5.2 Tickler System

A tickler file system is a collection of date-labeled cards

organized in a way that allows time-sensitive documents to

be filed according to the future date on which each document

needs action.

In a tickler file system, two boxes are used to store the

index cards. One box will be used for the day to day

reminders and the other box for client control box.

55

In the first box, there are 12 tab dividers, indicating the

months of January to December, another 62 tab dividers

labelled one to thirty one representing the day for each

month. They are placed on the current month and the

following month. There are another 9 tab dividers indicating

the following years.

In the second box, there are tab dividers with letters a to

z, that will be our client control box. Tickler cards will

be placed both on the 1st box as a reminder and the second

box for the record of the client.

The tickler card can be printed directly using our word

processing software. It contains basic details like the date

when it was initiated, due date, client name, the subject,

law who handles the case, and comments.

3.5.3 How to use the Tickler System

The secretary shall check the files for the reminders on a

daily basis.

Tickler cards shall be accomplished in three copies. Put the

1st copy on the client control box. To have ideas of the

deadlines, directly go to the tab under the client’s name to

check the details. The 2nd copy shall be placed on the

actual date of the deadline. It is color red to signify the

deadline. While the 3rd copy shall be placed on a two week

advanced date to serve as a reminder, then it shall be

56

transferred to a week advance in order not to miss the

deadline.

3.5.4 Items to Calendar

Appointments, meetings

Court Appearances

Litigation deadlines

Filing deadlines

Follow up dates

Self-imposed deadlines

3.5.5 Responsible Parties

The secretary shall be responsible for docket control.

However, it is important that everyone be familiar with the

system and use it. The office assistant shall be responsible

for docket control in the absence of the Secretary.

3.5.6 Making Appointments

A weekly calendar that allows enough space for appointments

and meetings to be listed legibly shall be used. The

secretary shall always keep a duplicate of the attorney’s

calendar. At the beginning of each day, the attorney’s and

secretary’s calendars should be checked against each other

to make sure they coincide.

The person making the appointments must obtain all of the

necessary information from the client. One of the most

57

important items you will need is a phone number where the

client can be reached during the day. Emergency situations

often arise and it may be necessary to contact the client to

reschedule an appointment. Ask clients where they would

prefer to receive their mail and telephone calls. Some would

prefer to be contacted at home, others at work. Ask for

convenient times of day.

Ask what the consultation is in reference to. The type of

case determines the type of information you need. For

example, in a domestic matter, the attorney will need

information regarding the client’s financial situation. For

a will update, the client should provide a copy of his/her

existing will, as well as the correct names and addresses of

the people who will be named in the will. Having the

necessary information up front will speed up the process and

eliminate unnecessary delays.

Be sure to allot ample time for each appointment. More often

than not appointments run longer than their scheduled time

limit. Depending on the circumstances, you should allow

approximately 1/2 – 1 hour for office conferences, 2 or more

days for a trial, and 1/2 - 1 day for depositions.

Part 6 Communications

3.6.1 Telephone, Faxes, E-mail

58

Office procedures for returning telephone calls shall be

discussed with clients at the beginning ofthe

representation. Voicemail should be checked daily and

returned accordingly. It is important that all office

personnel follow the same telephone policy.

All calls should be documented in the file, including any

attempts to return phone calls that resulted in busy signals

or voicemail. Documentation of phone conversations should be

very specific, and provide details of what was discussed.

Follow up any instructions provided by the client or

attorney with a letter confirming actions to be taken. If

multiple attempts are made to return a phone call with no

success, send an email or letter documenting these attempts

and requesting the client contact you.

Telephone calls made and received related to the

administration of the office and management of the cases

shall be logged. Facsimile, outgoing and incoming shall be

logged. E-mails relevant to the office procedures and client

files shall be printed and included in the files. E-mail log

for each partners and personnel shall be maintained.

The receptionist is in-charge of monitoring and filing the

telephone log, fax log and e-mail log.

3.6.2 Regular Mail Procedures

The receptionist is responsible for picking up, opening and

date stamping all the mail. Everyitem received in the office

59

shall be stamped with a receipt date. The receptionist shall

review the mail for dates and items of importance. The male

shall be separated into three different stacks:

legal periodicals and newsletters;

junk mail; and

correspondence and pleadings that require immediate

attention.

Legal periodicals and newsletters and correspondence and

pleadings that require immediate attention shall be

forwarded to the secretary.

The junk mail shall be reviewed by the receptionist to

determine whether to disposed or forward to the secretary.

The secretary shall look for correspondence requiring a

response, receipt of information which the attorney has been

waiting for, notices of important dates for meetings and

hearings, depositions, trials, etc. Such correspondence

should be flagged, either by highlighting the important

information or by attaching a note to the correspondence so

that the attorney recognizes it right away.

The secretary shall make notation on the calendar and make

an entry in the docket control system for deadlines.

The correspondence with documents requiring review and

signature shall be given directly to the attorney or put in

60

the outgoing tray. Place post-it notes on the documents to

show when they must go out.

Pull the file and refer to it when preparing correspondence.

This way, you’ll get the correct names and addresses. Also,

the file should indicate if copies are to be sent to a

particular person such as co-counsel. If additional copies

of the letter and enclosures are to be mailed, make a

notation on the file copy of the persons to whom copies were

sent.

Part 7 Finance

3.7.1 Introduction

All of the Partnership’s day to day financial activities are

conducted by the accounting department under the direction

of the Controller. All of the Partnership’s time and

financial records are maintained by the accounting

department.

No one other than the accounting department is authorized to

engage in any activity that directly affects the

Partnership’s financial affairs such as billing and

collecting, check writing, depositing of funds.

3.7.2 Timekeeping

61

The Partnership’s income is generated, for the most part

through direct charges to clients for time spent on their

behalf by the Partnership’s professional staff.

The timekeeping records are prepared as follows:

1. All timekeepers shall enter their own time directly

into the office’s system. It should be done on a

regular basis.

2. In the absence of a direct entry to the system, each

timekeeper shall prepare a daily handwritten time

sheet.

3. The secretary shall prepare a typewritten daily time

record from the data of the timekeeper’s daily time

sheet. It will be used by the accounting department

as the input document for the billing to be

prepared.

The daily time sheet shall contain the following:

1. Lawyer: the initials of the timekeeper are entered

here.

2. Number: the billing number of the initials of the

timekeeper is entered here.

3. Date: the date of the performance of the services

listed on the time sheet is entered here.

4. Annotation instructions

5. Time sections: this is the area used to describe in

detail the services performed, the amount of time

62

expended, the client for whom the service was

performed, and the matter to which the time is to be

charged.

6. Firm matter numbers: these matter numbers are used

to account for nonchargeable time accumulated under

the firm as the client.

3.7.4. Billing Statements

Our fees, costs, and other charges will be reflected on

Invoices and summarized Statements. Fees and Costs are

ordinarily billed monthly. Payment is expected within thirty

(30) days of your receipt of the statement. Amounts

outstanding more thanthirty days from the date of the

invoice bear interest at the rate reflected on the invoice.

Dates for payment of fixed fees andcontingent fees will be

reflected in the Representation Letter.

3.7.5 Clients Cost Advanced

Amounts advanced or paid to third parties by us on behalf of

our clients for expenditures such as photocopying and

telecopying charges, postage charges, shipping and delivery

charges, courier expenses, travel expenses, printing costs,

filing fees, computer research costs, court reporter fees,

expert witness fees, employee overtime and expense

reimbursement costs and the like are considered to be

reimbursable by our clients unless otherwise agreed in

particular instances and are generally included in the

63

statement sent to the client for the month in which such

amounts are advanced or incurred. Certain costs which are

incurred internally for items such as photocopying,

telecopying and long distance telephone costs may be billed

to our clients at rates comparable to third-party charges,

which do not necessarily reflect the firm's direct out-of-

pocket expenses and may include amounts which represent

recovery of the administrative costs and investment expenses

which the firm has incurred in making such services

available and accounting for such expenses.

Unless otherwise agreed in connection with specific

engagements, it is understood that our firm has no

obligation to advance any of the foregoing costs on behalf

of our clients. We may require that the clients make

arrangements in advance to fund such expenses either by

means of an escrow deposit with our firm or by means of

direct arrangements with third-party vendors or a

combination of such arrangements.

3.7.6 Client Trust Funds

The trust account is a separate bank account established for

deposit of funds delivered to the Partnership in a fiduciary

capacity. The purpose of a trust account is to safeguard

client and third party funds from loss. The fiduciary nature

of the relationship and the need for public confidence in

the legal profession require attorneys to maintain trust

64

accounts separate from the attorney’s personal or business

operating account and from other fiduciary accounts.

The following are guidelines to better manage a trust

account

Always remember that money that belongs to your client

belongs in your trust account—and until you've actually

earned the money, it continues to belong to your client.

Explain in your fee agreement how you apply money held in

your trust account toward the legal fees and costs

incurred. Also explain that a statement will be provided

showing these charges, along with the balance and any

amount that's needed to replenish the trust account

balance to a required minimum balance.

Only use funds in the trust account for client's

expenses. Write a trust account check payable to your

firm and deposit it into your general account and then

write a general account check to pay for your associated

overhead expenses.

Keep a clear, detailed "paper trail" of all trust account

deposits and withdrawals.

Wait an appropriate amount of time for deposits to clear

before writing a trust account check. Be careful to

verify that funds have been collected and are in the

account first.

Watch out for fraudulent cashier checks. Ditto for scams

involving wire transfers. And take extra steps to protect

65

your trust account check supply and checkbook from

getting into the hands of an embezzler or thief. Lock

them in a drawer or in your office safe.

Plan ahead to protect your clients' funds in the event of

your death, impairment or disability. Who will sign a

trust account check to refund money belonging to each of

your clients.

Maintain your trust account records for the proper time

as required in your jurisdiction, likely five years from

the date the matter is closed. Be sure to back up your

computer to preserve any electronic records, too

The following records are need to be maintained:

Monthly bank statements

Receipts and disbursements journal

Client ledger

Reconciliation records

Retainer agreements and fee or compensation agreements

Copies of accountings to clients or third persons

showing all disbursements

Copies of records showing disbursements on behalf of

the clients

Physical or electronic equivalent of deposit slips or

cancelled checks

Record of all electronic transfers from client trust

accounts

3.7.7 Cash advances and Reimbursement of Expenses

66

Cash advances for expenses will be provided when necessary.

Requests for cash advance must be approved by the Managing

Partner.

Reimbursement of expenses

The Partnership will reimburse all personnel for expenses

incurred in connection with the Partnership’s business

through the use of a reimbursement request form.

The following are reimbursable expenses:

1. Automobile expenses: for reimbursement of local

travel expenses unrelated to client activity, should

be recorded as an automobile expense.

2. Business gifts: no one is authorized to make

business gifts to a client or otherwise without

prior approval of the managing partner.

3. Business meals: for meals in which a business

discussion takes place, such as a lunch with a

client during which the legal matter or when two or

more lawyers discuss a clients’ business problems. A

business lunch with a client should be recorded as a

business meal and not as a client related expense.

4. Client contact, promotion, and entertainment: these

items include but are not limited to expenses

incurred in restaurants, sporting events, theaters,

etc.

67

5. Miscellaneous expense: for expenses not otherwise

categorized for which reimbursement authorization is

requested.

3.7.8 Petty Cash

The Partnership maintains a nominal amount as petty cash.

Use of Petty Cash Funds is encouraged for purchases of low-

priced items from local vendors where the costs of

establishing a purchase order, processing an invoice, and

writing a check would substantially increase the cost of the

transaction. The maximum limit for purchases from petty cash

funds is P1,000.00 per purchase unless the Accounting

Department provides prior written approval. Petty Cash Funds

may not be used to avoid other established purchasing

procedures, nor may total orders be split into smaller

increments to avoid this P1,000.00 limit. As with all

expenditures, Petty Cash may only be used to obtain goods

and services necessary to carry out official Partnership

functions. Petty Cash Funds may not be used to:

Cash checks

Make loans

Make advances

Reimburse travel-related expenditures or to make travel

advances

Pay wages for temporary employees, or pay overtime for

any employee

68

Pay expenses relating to the use of private motor

vehicles, including mileage and fuel

Provide floral tributes, small gifts and other tokens

of appreciation, or prizes and awards

Make purchases that would not be approved under normal

policies and procedures

Petty cash fund must be secured at all times. The funds must

remain on the premises of the office in a locked boxes and

in a locked location. It is the direct responsibility of the

petty cash custodian to ensure that proper safeguards are

established.

Reimbursements for petty cash funds should be requested as

needed but not later than the 15th of each month. The petty

cash custodian must complete the petty cash reimbursement

form and sign, date, and attach all receipts to the request

for reimbursement.

69

Section 4 OFFICE FORMAT AND SAMPLE FORMS

Part 1 Samples of Office Format

4.1.1 Introduction

There are some sample format provided in this manual. All the necessary formats needed in the office administration and management of cases are stored in the company’s computerdata base in the folder Office Formats

4.1.7 Memoranda

According to a resolution submitted by the Court in aparticular case, the memorandum shall contain thefollowing: 

(a) A "Statement of the Case," which is a clear and concisestatement of the nature of the action, a summary of theproceedings, the challenged decision, resolution or order of thecourt below, the nature of the judgment and other mattersnecessary to an understanding of the nature of the controversy; 

70

(b) A "Statement of the Facts," which is a clear and concisestatement in a narrative form of the established facts; 

(c) A "Statement of the Issues," which is a clear and concisestatement of the issues to be submitted to the Court for itsresolution; 

(d) The "Argument," which is a clear and concise presentation ofthe argument in support of each issue; and

(e) The "Relief," or Prayer, which is a specification of theorder of judgment which the party seeks to obtain. 

Part 2 Samples of Office Forms

4.1.1 Introduction

There are some sample form provided in this manual. All the necessary formas needed in the office administration and management of cases are stored in the company’s computer data base in the folder Office Formats

4.1.9 Confidentiality Forms

CONFIDENTIALITY FORM

It is the policy of __________________ that matters related to thefirm and its practice are not to be discussed in the presence of any

71

unauthorized persons. It is understood that some of the matters in theoffice are sufficiently interesting to tempt personnel to engage inconversation that may breach the rule of confidentiality. Therefore,it is extremely important that everyone exercise extreme care in thisarea. The information received in the office is the private propertyof the client and aside from the embarrassment that would result fromany unauthorized disclosure, there is the likelihood of creating legalliability and prejudice to the client’s case. Additionally, attorneyskeep sensitive material that may be of a confidential nature, eitheras to the firm, its personnel, to themselves, or to their clients. Toavoid any violations of that confidentiality in the attorney’sabsence, under no circumstances should an attorney’s office be offeredfor use to a client, vendor, or other unauthorized person without theconsent of the attorney or his or her administrative secretary. Inaddition to the client matters, some personnel must routinely handlepay and personnel information as a result of their normal duties. Thisinformation must be treated with the utmost sensitivity andconfidentiality, A breach of confidentiality with respect to anyclient matter or internal matters, including pay or personnel, will beconsidered reason for immediate dismissal.

Name of firm: ______________________________________

This will confirm that I, the undersigned, have read and agree toabide by the provisions of the foregoing stated policy as it relates

to the confidentiality and the law firm.

This the __________ day of _______________________________, 20___.

_____________________________________________________

Signature

72

4.1.9 Leave of Absence Forms

All employees requesting a leave of absence or medical leave with or without salary are required to apply with this form.

Date of request for leave of absence: ___________________

Employee name: __________________________________

Employee number: ________________________________

Job title: ________________________________________

Department: __________________________

Supervisor/Manager: ____________________

Start date of employment: __________________

Years of service: ___________________________

Employee is Full-time Part-time Casual employee

I hereby request a leave of absence as follows:

Reason for leave of absence:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Is the leave:

73

Unpaid

Paid

Duration:

Leave of absence begins: ___________________

Leave of absence ends: ____________________

# of days on leave: ________________

Return date from leave of absence: ___________________

Return date undetermined at the moment but will be confirmed at alater date by employee on ______________ (such date may be duringthe leave i.e. medical leave with doctor’s note after a follow upmedical appointment

4.1.9 Other Office Sample Forms

Calendar Notice and Docket Information

74

Master Docket

75

Monthly Calendar

76

Weekly Firm Docket

Tickler Card

77