File and Law Library Management Chapter 9

Why paralegals need to know file & law library management: Organizing, tracking & storing client files is a daily task of paralegals. Information has to be stored so that it is easily accessible. “Paperless” office is the wave of the future and new paralegals must be prepared to use their skills in this arena. In small offices, paralegals may be in charge of a law library.

File Management File information is worthless unless you can easily access it! Characteristics of a good file system: Completeness (file contains complete information) Retention (5 year limit, etc.) Integrity (Accurate sound & reliable info) Ease of Use (quick & easy) Security (maintenance in a safe environment) Ease of Learning (the system is easy for others to learn) Adaptability (system can be modified as needed)

Filing Methods & Techniques Each Legal Matter is Maintained Separately Alphabetized Systems Numerical Systems Bar Coding (check in/check out) Paperless Office- document management

Corporate, Government & Legal Aid Filing Methods Centralized v. Decentralized Centralized file system: all active files managed in one or more file rooms. Decentralized file system: files are kept in various locations

Opening a New File Usually starts with a standardized form that asks specific information about the client. Can also be done electronically. This information MUST be correct, because errors can cause serious upset to the client through billing and other internal office matters.

ACTIVITY- Opening a New File

Tools for Formatting Files Typical Subcategories of Files: Accounting Correspondence w/ Attorneys Correspondence with Client Deposition Summaries Discovery Evidence General Correspondence Investigation Legal Research Memorandums Notes & Miscellaneous Witnesses

Color Coding A simple but effective way to differentiate various matters within a single file.

Checking Files Out Used when electronically scanning bar-coded documents, or a simple sign in/sign out sheet for files.

Closing, Storing & Purging Files You’re not required to keep a client file forever. Closing a file is the formal internal process of notifying the client that their file has been closed. Most firms choose to store the file off site. Then, after a specific length of time, the file is purged or destroyed with any originals returned to the client.

What do you keep & for how long? See page 536 Figure 9-4 REMEMBER! Rule 1.15(a) states that an attorney must maintain financial records related to a legal matter for five years after termination of representation.

File Management & Ethics Client’s Property Rule 1.15- “law office has a duty at the end of a case to give the client the option to pick up information that was delivered to the attorney for representation in a matter.” Items belonging to the client should not be destroyed or discarded w/out client’s consent.

Turning over the file… When the attorney has been terminated at the client’s request….the attorney should turn over the client’s file pursuant to their local ethical rules and case law in their state.

Law Library Management- BASICS If you’re lucky enough to belong to a law practice that employs a librarian, here is what his or her duties would be: Explain research techniques Compiles legislative histories & bibliographies Catalogues and tracks library resources Manages the check out of library materials Performs or assists in legal research

A CD-ROM Legal Database A database like one found on Westlaw or LexisNexis, but packaged on CD-ROMS. Pros v. Cons Reduced space- CON Portability- PRO (although internet is preferential) Convenience- PRO Cost- PRO Maintenance- CON Training- CON

Examples of Library Classification: See page 542 Figure 9-7

Technology & the Law Library Includes computer-assisted legal researches Westlaw & Lexis Quicker than manual research techniques More accurate than manual research techniques

Westlaw & LexisNexis Come to Justice Day for one on one training with representatives!!! Saturday, April 24th!

Legal Research & the Internet see examples on pages 546-549 Is the Internet an appropriate place to find the legal information? Understand your legal project and have a strategy. Choose a finding tool. Use a legal guidebook for a precise issue. Get help! Use an on-line starting point and then reference hardcopy documents.

Helpful Tip! MAKE YOURSELF A COPY OF FIGURES 9-9 AND 9-10 FOR YOUR PORTFOLIO! This information is a GREAT research tool that can be used in your practice.