SYLLABUS. General Course Information: A. Meeting Time and Location: We will meet in Room XXX each Wednesday from 5:15 p.m. until 7:00 p.m.

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1 Law Practice Management Professor Judith Equels Fall 2013 SYLLABUS I. Contact Information: Office: XXXX (office) / (cell) xxxxxxx@law.fsu.edu II. General Course Information: A. Meeting Time and Location: We will meet in Room XXX each Wednesday from 5:15 p.m. until 7:00 p.m. B. Office Hours and Meetings: My official office hours are from 1:00 p.m. to 4:00 p.m. on Wednesdays. I am happy to meet with you and/or your firm; please make an appointment. I strongly encourage you arrange an appointment or to me whenever you have questions, comments, or concerns. However, there are some limitations on meetings with students and firms. I will not: Discuss a graded assignment within 48 hours before the assignment is due (this includes discussion ). Discuss graded assignments for 24 hours after returning them to you. (Please use this waiting period to carefully read my comments and reflect on your work prior to contacting me.) Meet with you during times when your other courses are scheduled to meet. Meet with you the hour or so before class except to attend to pressing matters. C. Text and Supplemental Articles and Forms: The text for this course is: Jay G. Foonberg s How to Start & Build a Law Practice, (Platinum

2 Page 2 5th Ed.). I will also post articles and forms to the Library tab of Blackboard each week. You are responsible for reading those articles and they are considered part of the reading assignments. III. IV. Course Objectives: A. This course will introduce you to the skills required to manage a law practice and provide you with the tools that you will need to succeed in law office and law practice management. The skills that you will be introduced to in this course will be honed throughout your legal career, whatever type of practice you choose. This is an opportunity for you to analyze and manage real-world considerations that law firms and the individuals in those firms face every day. Class Organization; Law Firm Assumptions: A. You will work together in law firms of 4-5 partners. Each of you has been practicing for three years in a state agency before joining this new law firm. You will establish your law firm (located in Florida) at the end of the first class and designate a managing partner to serve as firm liaison to me. As in a real law firm, the partners make the management decisions and live with the results. Accordingly, each member of the firm is responsible for the quality of the firm s work product. B. You may not withdraw from your firm or join another firm absent compliance with the firm s partnership agreement that each firm will be required to produce and submit (see section V.A., below). You must also have my written approval to make changes to your firm s partner group (this includes merging, acquiring, dissolving, admitting or expelling). A partner who does not carry his or her share of the workload may be expelled from a firm only in accordance with that firm s partnership agreement and written approval from me. In the event that a partner is expelled from a firm he/she will operate as a solo practitioner for the remainder of the semester, completing all assignments individually. 2

3 Page 3 V. Course Requirements: A. Credits and Grading: You will receive two credits for successful completion of this course. To earn a grade of S for the course you must earn a cumulative minimum of 240 points. Your grade will be based on the following: Category Individual s - Keirsey Test and Results (20 points) - Quiz (40 points) - Time Records (70 points) - Professionalism and Class Participation (25 points) Group s - Law Firm Start-up Business Plan and supporting documents (50 points) - Partnership Agreement, Buy/Sell Agreement, and By-Laws (40 points) - Oral Presentation (55 points) Maximum Points All members of your firm will receive the same grade on group assignments. Total Keirsey Temperament Sorter: This assignment will be posted to Blackboard, and discussed in class on August 28 th, and is due on September 4 th at the beginning of class. 2. Quiz: Questions on the quiz will come from the reading assignments that you are responsible for completing prior to 3

4 Page 4 each class as well as the lectures. The quiz will be administered during class on November 6 th and will be based on all reading assignments, on-line (on-demand) instructional videos, supplemental reading assignments posted to the Blackboard, and lectures to date. The quiz is closed book. That is, you may not consult the textbook, personal notes, Blackboard postings, etc., while taking the quiz. If you are not present on the day of the Quiz, points will be deducted. If I have excused your absence (see D(1) below), you will be given an opportunity to take a different makeup Quiz that will be administered after class on November 20 th. 3. Time Records: Keep a record of time spent on this course, including dates and times spent on reading, attending class, working on group assignments, working on individual assignments, and other activities. You may utilize a spreadsheet, a word processing table, or dedicated timekeeping software to record this information. This assignment will be discussed in class on August 28 th. Due on November 6 th at the beginning of class. 4. Professionalism and Class Participation: This component of your grade includes: attentiveness and timeliness; preparation for class and overall contributions in class; behaving in a courteous, mature manner; and your partners assessment of your contribution to the group. Unless otherwise noted Internet access during class is prohibited. Partner assessments (instructions and form will be posted to the s tab of Blackboard) due on November 13 th at the beginning of class. Review section IV. above, regarding law firm assumptions. 5. Start-up Law Firm Business Plan: Complete a law firm start-up business plan for your new law firm including basic financial pro-formas and a completed start-up checklist. Forms and 4

5 Page 5 instructions will be posted to the s tab of the Blackboard and discussed in class on August 28 th. The plan will be distributed at, and is supporting documentation to, your law firm s oral presentation during weeks eleven through fourteen, depending on the number of firms. 6. Partnership Agreement: This assignment will be posted to the s tab of Blackboard, discussed in class on September 11 th. The Partnership Agreement, Buy-Sell, and Bylaws are considered supporting documentation to your law firm s oral presentation during weeks eleven through fourteen (depending on the number of firms). 7. Oral Presentations: Each law firm will present their start-up business plan with supporting documentation to the class. A banker will be present to help determine each group s plan viability as to obtaining a start-up line of credit, and to offer suggestions. The supporting materials must be distributed at the beginning of class on the day of your presentation. After a brief document review period, your law firm group will present its business plan. You must wear professional attire on the day of your presentation. All law firm groups must be present to attend each group s presentation and to offer constructive advice, when queried. B. Research: In addition to the FSU libraries, public libraries are a wealth of information for start-up professional service businesses. If you do not have a public library card with on-line access, you should. (ABA: 13 Tech Tips for 2013, Tip #8-Get a Library Card and Use It). The Florida Bar Law Office Management Assistance Service (LOMAS) has an extensive law practice management (LPM) library. You may peruse the collection by appointment 9:00 a.m. to 5:00 p.m. M-F not including Florida Supreme Court holidays. 5

6 Page 6 C. Submission of Work Product: Due dates for all assignments are strict. A real law firm s deadlines when missed can result in bar grievances and/or malpractice suits. Missing a course deliverable will result in zero points earned on the assignment. A 2% penalty will be assessed on assignments submitted up to one hour late. After the first hour, an additional 5% penalty will be assessed for each 24-hour period that an assignment is late. s that are more than 72 hours late will not be accepted (this means zero points earned on the assignment). If you need help, me or leave a message on my cell phone. is best. 1. Late s: Please notify me, in advance if possible, if serious personal illness or a family emergency will prevent you from submitting an assignment on time. Computer trouble is not an excuse for late submission of assignments. I suggest that you back up your work on at least one external storage device or cloud service. Note that libraries have public access computers. 2. Document Formatting: As a lawyer, you will find that you must comply with the formatting requirements of the jurisdiction(s) in which you are practicing. Failure to do so may have serious consequences, such as rejection of your document. All written work in this class, except the quiz and any in-class exercises, must adhere to the following formatting rules: a. All assignments must be prepared in either 12-point font or 14-point font and must be printed single-sided on white 8½ by 11-inch paper. Note that RJA requires e-filed court documents be filed in a digitally accessible format for the vision and hearing impaired (reader). It is suggested that you use fonts Arial, Calibri, Tahoma, Verdana or other font that complies with digital accessibility guidelines. 6

7 Page 7 b. Text must be double-spaced. c. Use a one-inch margin on all four sides of the page. d. Number each page on the right-hand side at the bottom of the page. e. Where the assignment is more than one page, staple the pages together in the upper left-hand corner. f. Complying with these requirements may involve adjusting your word processing program. For assistance with Word, visit: MSWordforLegalWriters.pdf. Please contact the tech office if you are unable to solve any problems in complying with the format requirements. g. Records Information Management (RIM). Keep a copy of all work product that you submit. D. Attendance: Class attendance is mandatory. The College of Law requires a student to attend a minimum of 80% of class meetings to receive credit for the course. Attendance includes the obligation to arrive on time and to satisfactorily complete reading assignments prior to class. If you are absent from more than 20% of the scheduled classes for any reason, including excused absences, I will notify law school administration and you may be administratively dropped from the course. 1. Please contact me in advance if you will be absent from class. You are responsible for course content when absent. You may be excused for reasons such as illness, family emergency, or observance of religious holy days. Please note that whether to excuse an absence is entirely within my discretion. Unexcused absences may lower your professionalism grade. 7

8 Page 8 VI. Communication: You are responsible for checking your FSU account and Blackboard every day for assignments and notices, including changes in the class schedule and/or assignments. VII. Special Accommodations: Students with disabilities needing academic accommodation should: (1) register with and provide documentation to the Student Disability Resource Center; and (2) take a letter to the Associate Dean for Student Affairs, indicating the need for accommodation and what type. This should be done during the first week of class. This syllabus and other class materials are available in alternative format upon request. VIII. Honor Code: The College of Law s Student Conduct Code is located at and governs the academic conduct of students at the Florida State University College of Law. Students are bound by the College of Law s Code in all of their academic work. The Code outlines the College of Law s expectations for the integrity of students academic work, the procedures for resolving alleged violations of those expectations, and the rights and responsibilities of students and faculty members throughout the process. Please contact me immediately if you have any questions or concerns about potential or inadvertent violations of the Code. 8

9 Page 9 Schedule of Classes, Topics, and s* * s subject to change! Week 1 - Aug. 28 Introduction; Starting and Managing a Law Practice, the Startup Business Plan; The Logistics of Opening a New Law Practice Before class Read Foonberg book pp. xxiii-xxviii, 10-53, 61-91, 94-98, , Before class Week 1 reading assignments: article(s) and/or assigned videos posted to the Library tab of Blackboard. In class - review and discuss Law Firm Start-up forms and business plan assignment forms posted to Blackboard. In class complete and submit contact cards (distributed in class). In class establish law firm working groups and designate a managing partner to serve as firm liaison to me. No later than noon on September 3 rd, to me the firm name, names of each partner, and name of/contact information for the managing partner. In class Diversity of Inherent Skill Sets at the Partner Table - Completing the Keirsey Temperament Sorter. Week 2 - Sept. 4 A Lawyer s Time and Advice are His [Her] Stock in Trade (Abraham Lincoln). The Ethical and Practical Considerations in Timekeeping and Time Management Skills. Before class- Read Foonberg book pp , Before class Week 2 reading assignments: article(s) posted to the Library tab of Blackboard, and/or view instructional videos on-line (on-demand). In class Why Lawyers Should Record Time The Modern Day Lawyer s Diary and Journal. An Ethical Obligation to Have a Record of the Work. In class - Review Law Firm Groups Keirsey results. In class Discuss time management skills. 9

10 Page 10 Week 3 - Sept. 11 Law Firm Marketing and Client Relations Before class Read Foonberg book pp , , , , , , Before class Week 3 reading assignment: article(s) posted to the Library tab of Blackboard, and/or instructional videos on-line (on-demand). In class Law Firm Marketing and Advertising Ethical considerations, TFB rules and ethics opinions In class - Drawing to determine order/schedule of firm oral presentations. Firm meeting to work on Start-up Law Firm Business Plan Week 4 - Sept. 18 Risk Management, Professional Responsibility and Ethical Considerations in LPM Before class Read Foonberg book pp , , , , , Before class - Week 4 reading assignment: articles posted to the Library tab of Blackboard, and/or instructional videos on-line (on-demand). In class Staying out of trouble with your clients and the Bar. In class work on law firm start-up business plans 10

11 Page 11 Week 5 - Sept. 25 Financial Management for the Non-Financial Professional. Law Firm Compensation Plans, Financial Reporting, Bookkeeping, Fee Arrangements, Tracking Your Time, Billing and Collections, Asset Management Before class Read Foonberg book pp , , , , 440, Before class - Week 5 reading assignment: article(s) and other materials posted to the Library tab of Blackboard. In class Financial Management for the Non-Financial Professional. Week 6 - Oct. 2 Records Information Management (RIM) and Technology Management, Office Sharing, Virtual Law Office, the Law Firm Technology Plan, and other systems. Before class Read Foonberg book pp , , , Before class - Week 6 reading assignment: article(s) posted to the Library tab of Blackboard and view on-line (on-demand) video(s). In class presentation: Technology Planning and Law Firm Records Management, Retention and Destruction policies. Week 7 - Oct. 9 Work in Groups on Law Firm Start-up Business Plan and Supporting Documents. Open Forum Discussion. Before class - Week 7 reading assignment: article(s) posted to the Library tab of Blackboard, and view on-line (on-demand) videos. In class firm meeting to work on oral presentation 11

12 Page 12 Week 8 - Oct. 16 Human Resources; Lawyer as Employer; Lawyer as Employee, and Managing the Firm s Insurance Portfolio (not LPL, see below). Before class Read Foonberg book pp , , Before class - Week 8 reading assignment: article(s) posted to the Library tab of Blackboard, and on-line (on-demand) instructional video. In class firm meeting to work on oral presentation Week 9 - Oct. 23 Opening and Managing Your Trust Account Before class Read Foonberg book pp , 555 ( 40 only), Before class - Week 9 reading assignment: article(s) posted to the Library tab of Blackboard, and view TFB on-line (on-demand) free trust accounting video. In class Trust Accounting and Safekeeping Property Q&A Stump the Chump. Week 10 - Oct. 30 Guest Lecturer: Mrs. Leslie Thomas, CLM (certified legal manager). Principal Administrator of Coppins & Monroe. Presentation: The Role of the Law Firm Administrator (and, "What is The Association of Legal Administrators?") Before class - Week 10 reading assignment: article(s) posted to the Library tab of Blackboard. 12

13 Page 13 Week 11 - Nov. 6 - Quiz Before class - Week 11 reading assignment: article(s) posted to the Library tab of Blackboard In class - QUIZ In class - Turn in time records. In class After quiz, firm meeting to work on oral presentations Week 12 - Nov. 13 Law Firm Business Plan Presentations Begin Before class - Week 12 reading assignment: article(s) posted to the Library tab of Blackboard In class - Submit partner assessments at the beginning of class. In class - Firm 1 oral presentation In class - Firm 2 oral presentation Week 13 - Nov. 20 Law Firm Business Plan Presentations Continue In class - Firm 3 oral presentation In class - Firm 4 oral presentation In class - Firm 5 oral presentation Week 14 Dec 4 Law Firm Business Plan Presentations Continue Firm 7 oral presentation (if necessary) Firm 8 oral presentation (if necessary) In class Open Forum LPM Discussion o Other resources available to new law firms. 13