Law Practice Management Professor Jeanne Curtin Fall 2011 SYLLABUS I. Contact Information: Office: 326A 850.644.2800 (office) / 850.591.1893 (cell) jcurtin@law.fsu.edu II. General Course Information: A. Meeting Time and Location: We will meet in Room L315 each Thursday from 1:00 p.m. until 2:50 p.m. The final class of the semester will be on December 1. B. Office Hours and Meetings: My official office hours are from 11:00 a.m. to 1:00 p.m. on Tuesdays. In addition, I am happy to meet with you and/or your firm at any time - please make an appointment. I strongly encourage you to meet with me whenever you have questions, comments, or concerns. I am also available by email (which I frequently check) and by telephone. However, there are some limitations on meetings with students and firms and I will not: Discuss a graded assignment within 48 hours before the assignment is due (this includes email 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: The text for this course is: Jay G. Foonberg, How to Start & Build a Law Practice, (Platinum 5th ed.). I will also post articles to the Library tab of the Blackboard each week. You are responsible for reading those articles and they are considered part of the reading assignments. III. Course Objectives: This course will introduce you to the skills of managing a law practice and provide you with the tools that you will need to succeed in the practice of law. The skills that you will be introduced to in this course will be honed throughout your legal career, whatever 1
type of practice you choose. This is an opportunity for you to analyze and manage realworld considerations that law firms and the individuals in those firms face every day. IV. Class Organization; Law Firm Assumptions: You will work together in law firms of 4-5 partners, each of whom has been practicing for three years. 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. 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) and judicial decree from me. Likewise, a partner who does not carry his or her share of the workload may only be expelled from a firm in accordance with that firm s partnership agreement and judicial decree from me. In the event that a partner is expelled from a firm he/she will operate as a sole practitioner for the remainder of the semester, completing all assignments individually. 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 - Personal Inventory (20 points) - Quiz (40 points) - Time Records (70 points) - Professionalism and Class Participation (25 points) Group s - Law Firm Questionnaire (20 points) - Partnership Agreement (40 points) - Oral Presentation (85 points) Maximum Points 155 145 All members of your firm will receive the same grade on group assignments. Total 300 Personal Inventory This assignment will be distributed and discussed in class on September 1 st and is due on September 8 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 each class as well as the lectures. The quiz will be administered during class on October 13 th and will be based on all reading assignments, including 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. 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 September 1 st. Due on November 17 th at the beginning of class. 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 will be posted to the s tab of Blackboard) due on November 17 th at the beginning of class. Review section IV., above, regarding law firm assumptions. Law Firm Questionnaire Complete a law firm structure questionnaire for your law firm. The questionnaire will be posted to the s tab of the Blackboard and discussed in class on September 1 st. Due on September 15 th at the beginning of class. Partnership Agreement - This assignment will be posted to the s tab of Blackboard, discussed in class on September 8 th, and is due on September 29 th at the beginning of class. Oral Presentations Each law firm will be assigned and will be responsible for one oral presentation. The presentation must include a visual component, such as PowerPoint or a video. In addition, each team must distribute to the class supplemental materials, including an outline of the presentation. The supplemental materials must be distributed at the beginning of class on the day of your presentation. You must wear professional attire on the day of your presentation. The presentations will take place between week nine and week twelve of the semester (depending on the number of firms). There will be an in-class drawing on September 15 th to determine the order of firm oral presentations. There will be an in-class drawing on September 22 nd to determine the topic of each firm s oral presentation. Firms may trade dates and/or topics. However, the mutually 3
agreed upon exchange(s) must occur and the respective managing partners must notify me via email of the trade no later than September 28 th. Email submissions are considered turned in when received. B. Submission of Work Product: Due dates for all assignments are strict. 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). 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 flash drive. Document Formatting: As a lawyer, it is crucial you comply with the formatting requirements of the jurisdiction 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: - 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. - Text must be double-spaced. - Use a one-inch margin on all four sides of the page. - Number each page on the right-hand side at the bottom of the page. - Where the assignment is more than one page, staple the pages together in the upper left-hand corner. Complying with these requirements may involve adjusting your word processing program. For assistance with Word, visit: http://www.law.fsu.edu/current_students/technology/pdf/mswordforlegalwriters. pdf. Please contact the tech office if you are unable to solve any problems in complying with the format requirements. Retention of Records: Keep a copy of all work product that you submit. C. 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 4
20% of the scheduled classes for any reason, including excused absences, I will notify the administration and you may be administratively dropped from the course. Please contact me in advance if you will be absent from class. You are responsible for obtaining handouts, class notes, and assignments given in missed classes. 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. VI. Communication: You are responsible for checking your FSU email 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 Nancy Benavides, 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 http://www.law.fsu.edu/current_students/rules/studentconduct.pdf 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. 5
Schedule of Classes, Topics, and s* * s subject to change! Week 1 - Sept. 1 Introduction; Law Firm Organization Foonberg pp. xxiii-xxviii, 45-48, 89-91, 523-30, 564-66, 569-70 Read Week 1 article(s) posted to the Library tab of Blackboard. Review Law Firm Questionnaire assignment posted to Blackboard. This will be discussed in class. In class Time Records assignment discussed. In class Personal Inventory assignment discussed and distributed. In class complete and submit information cards (distributed in class) In class - form law firms and designate a managing partner to serve as firm liaison to me. Email the firm name, names of each partner, and name of/contact information for the managing partner to me no later than noon on September 7 th. Week 2 - Sept. 8 The Logistics of Opening a Law Practice Submit personal inventory at the beginning of class. Foonberg pp.49-53, 61-85, 94-98, 159-60, 425-35, 646-47 Read Week 2 article(s) posted to the Library tab of Blackboard Review the Partnership Agreement assignment posted to Blackboard. This will be discussed in class. In class firm meeting to work on law firm questionnaire Week 3 - Sept. 15 Creating and Maintaining a Client-Centered Practice Submit law firm questionnaire at the beginning of class. Foonberg pp.161-64,192-202, 228-33, 255-60, 262-66, 363-70, 393-401 Read Week 3 article(s) posted to the Library tab of Blackboard In class drawing to determine schedule of firm oral presentations Week 4 - Sept. 22 Fee Arrangements, Tracking Your Time, Billing and Collections Foonberg pp. 147-49, 261, 267-84, 286-90, 300-11 (end at E-Mail), 321-23, 358-62 Read Week 4 article(s) posted to the Library tab of Blackboard In class firm meeting to work on Partnership Agreement 6
In class drawing to determine topics for firm oral presentations Week 5 - Sept. 29 Understanding and Managing Financial Resources Submit Partnership Agreement at the beginning of class. Foonberg pp. 291-99, 315, 414-18, 440-47, 606-12 Read Week 5 article(s) posted to the Library tab of Blackboard Week 6 - Oct. 6 Creating and Managing Your Trust Account Foonberg pp. 419-24, 555 ( 40 only), 576-81 Read Week 6 article(s) posted to the Library tab of Blackboard In class firm meeting to work on oral presentation Week 7 - Oct. 13 Risk Management Issues and Preventing Malpractice Foonberg pp.165-68 [thru 19], 168-74 (skim), 190-91, 220-23, 224-27 (skim), 234-38, 285, 326-332, 588-89 Read Week 7 article(s) posted to the Library tab of Blackboard In class - quiz Week 8 - Oct. 20 Marketing and Rainmaking Foonberg pp. 150-55, 175, 181-82, 203-13, 217-19, 239-40, 339-43, 402-05 Read Week 8 article(s) posted to the Library tab of Blackboard In class firm meeting to work on oral presentation Week 9 - Oct. 27 Information Resources and Technology Foonberg pp. 108-30, 489-504 Read Week 9 article(s) posted to the Library tab of Blackboard Firm 1 oral presentation Firm 2 oral presentation 7
Week 10 - Nov. 3 Managing Physical Resources Foonberg pp. 134-43, 355-57, 455-66, 515-18 Read Week 10 article(s) posted to the Library tab of Blackboard Firm 3 oral presentation Firm 4 oral presentation Week 11 - Nov. 10 Human Resources; Lawyer as Employer Foonberg pp. 436-39, 508-13, 554 ( 39 only) Read Week 11 article(s) posted to the Library tab of Blackboard Firm 5 oral presentation Firm 6 oral presentation Week 12 - Nov. 17 Lawyer Compensation; Dissolution Considerations Submit time records at the beginning of class. Submit partner assessments at the beginning of class. Read Week 12 article(s) posted to the Library tab of Blackboard Firm 7 oral presentation (if necessary) Firm 8 oral presentation (if necessary) Week 13 - Nov. 24 Class cancelled in observance of Thanksgiving Day Week 14 - Dec. 1 Excellence in the Workplace; Life Skills No assignment 8