Practical Law Office Management 4th Edition by Donnes - Test Bank

1. In a large firm, there may be an administrator employed as a chief financial officer, human resources manager, marketing director, and other such functions. *a. True b. False 2. Partners usually receive a draw and do not receive a “salary.” *a. True b. False 3. An associate passed over for partnership may or may not leave the firm to practice elsewhere. *a. True b. False 4. The American Bar Association has recognized the contribution of paralegals to the legal profession by offering them an associate membership in the association. *a. True b. False 5. Although paralegals may perform many tasks, they are prohibited from giving legal advice to clients. *a. True b. False 6. More than 75% of all paralegals work in large law firms. a. True *b. False 7. According to a survey reported in the text, approximately 45% of all practicing paralegals list “civil litigation” as one of their specialty areas of practice. *a. True b. False 8. Legal secretaries have highly specialized skills and perform many services for law firms. *a. True b. False 9. For a sole practitioner, it is important that overhead costs be as high as possible. a. True *b. False 10. A sole proprietorship combines the benefits of both a partnership and a professional corporation. a. True *b. False 11. The legal team consists of __________________. a. clerks b. paralegals c. expert witnesses d. attorneys *e. all of the above 12. Types of nonowner attorneys in a private law practice include _________________. a. contract attorneys b. staff attorneys c. associates *d. a, b, and c e. partners 13. An attorney who shares in the profits or losses of a law firm that is a professional corporation is called a(n) ___________________. a. nonequity partner b. partner *c. shareholder d. “of counsel” e. contract attorney 14. A self-employed paralegal who markets and sells his or her services to law offices on a per-job basis is called a(n) ________________. a. paralegal manager b. independent paralegal c. freelance/contract paralegal *d. none of the above 15. A position found in larger firms that usually requires a college business degree, where the position is responsible for some kind of law office system, is called a(n) ____________. a. partner *b. law office administrator c. office manager d. expert witness e. paralegal manager 16. A small firm that primarily accepts cases only in one or two areas of the law is sometimes called a(n) ___________. a. small law firm b. rooming together c. office sharing *d. boutique firm e. b and c 17. A law firm that has between 75 and several hundred attorneys is called a _________. *a. large firm b. corporate firm c. legal services office d. megafirm e. b and d 18. A law firm management structure in which subgroups of partners and shareholders make management decisions for the firm is called _____________. *a. rule by management committee/board b. powerful managing partner c. limited liability company d. rule by all partners/shareholders e. partnership 19. The Fair Labor Standards Act ___________________. a. sets standards regarding who can be hired by employers *b. sets minimum wage and overtime pay requirements c. identifies standards regarding unions d. establishes fairness standards regarding how employers must treat employees e. none of the above 20. An associate is usually with a firm from ____________________ before being considered for a partnership position. a. three to six months b. six months to one year *c. 5 to 10 years, depending on the size of the firm d. more than 15 years e. none of the above 21. The function of a private law firm, like any business, is to ________________. *a. operate at a profit and earn money for its owners b. give back to the community c. provide for its employees d. b and c e. none of the above 22. Duties of a partner/shareholder include ________________. a. sharing in the profits b. sharing in the losses c. making monetary contributions to the business, if needed d. attending partnership/shareholder meetings *e. all of the above 23. Managing partners are ______________________ by the partnership to serve for a set amount of time, such as one or two years. a. hired *b. elected c. commanded d. a and c e. none of the above 24. An associate who is hired temporarily for a specific job is called a _____________________. a. lateral hire b. staff attorney *c. contract attorney d. nonequity partner e. partner 25. A position that supervises, recruits, trains, distributes assignments, and sets priorities for a group of paralegals is called a(n) ___________________. a. legal assistant b. law office administrator c. office manager d. paralegal *e. paralegal manager 26. According to the text, paralegals are ________________ for law offices. a. unprofitable *b. profitable c. a breakeven proposition d. a and c e. none of the above 27. _________________________ handle a variety of legal matters/cases in such areas as contracts, labor relations, employee benefits, federal tax law, intellectual property, environmental law, general litigation, Security and Exchange Commission (SEC) filings, general litigation, real estate law, and workers’ compensation claims. a. Legal aid/services clinics b. Boutique firms *c. Corporate law departments d. a and b e. none of the above 28. __________________________ handle a variety of matters/cases in such areas as child support, child custody, disability claims, bankruptcies, and landlord–tenant disputes. *a. Legal services offices b. Boutique firms c. Corporate law departments d. Government law practices e. none of the above 29. Legal administrators may typically perform which of the following duties? a. serve as an “of counsel” b. meet with new clients c. perform legal research d. decide which cases the firm should take *e. none of the above 30. According to the text, the paralegal occupation is projected to_______________. a. grow slower than the average for all occupations b. remain flat compared to the average for all occupations *c. grow faster than the average for all occupations d. all of the above e. none of the above 31. [w] 1. An owner in a private law practice who shares in its profits and losses. [n] 2. A not-for-profit law office that receives grants from the government and private donations to pay for representation of disadvantaged persons who otherwise could not afford legal services. [c] 3. A small law office that specializes in only one or two areas of the law. [s] 4. Employee is required to be paid overtime wages (time and a half) over 40 hours/week. [m] 5. Employees who provide assistance and support to other law office staff by preparing documents, composing correspondence, scheduling appointments, and performing other tasks. [f] 6. A person who has technical expertise in a specific field and agrees to give testimony for a client at trial. [q] 7. An attorney in a law firm chosen by the partnership to run the firm, make administrative decisions, and set policies. [t] 8. An attorney affiliated with the firm in some way, such as a retired or semiretired partner. [i] 9. Services provided to clients in which the law is involved, but individuals providing the services are not accountable to a lawyer. [o] 10. A group made up of attorneys, administrators, law clerks, librarians, paralegals/legal assistants, secretaries, clerks, and other third parties. Each provides a distinct range of services to clients and has a place on the legal team. [_] 11. One who does not share in the profits or losses of the firm but may be included in some aspects of management and may be entitled to certain benefits. [_] 12. Person responsible for some type of law office administrative system, such as general management, finance and accounting, human resources, marketing, or computer systems. [_] 13. The employee is not required to be paid overtime wages over 40 hours/week. [_] 14. Licensed professionals who counsel clients regarding their legal rights, represent clients in litigation, and negotiate agreements between clients and others. [_] 15. A law student working for a law firm on a part-time basis while he or she is finishing a law degree; duties revolve almost exclusively around legal research and writing. [_] 16. A unique group of people who assist attorneys in the delivery of legal services; they have knowledge and expertise regarding the legal system in order to provide substantive and procedural law that qualifies them to do work of a legal nature under the supervision of an attorney. [_] 17. Federal law that sets minimum wage and overtime pay requirements for employees. [_] 18. Person responsible for maintaining a law library, conducting legal research, and managing library resources. [_] 19. Employees who provide support to other staff positions in a variety of miscellaneous functions. [_] 20. The chief for a corporate legal department. [_] 21. Person who handles day-to-day operations of the law office, such as accounting, supervision of the clerical support staff, and assisting the managing partner. [_] 22. In states where legislation has provided, a person qualified by education, training, and work to engage in the limited practice of law in the approved practice area as per the state’s rules. [_] 23. Attorney who is a salaried employee of the law firm, does not have an ownership interest in the firm, does not share in the profits, and has no vote regarding management decisions. [_] 24. An attorney hired by a firm with the knowledge and understanding that he or she will never be considered for partnership. a. associate attorney b. attorneys c. boutique firm d. clerks e. exempt f. expert witness g. Fair Labor Standards Act h. general counsel i. independent legal assistance j. law clerk k. law librarian l. legal administrator m. legal secretaries n. legal services office o. legal team p. limited license legal technician q. managing partner r. nonequity partner s. nonexempt t. of counsel u. office manager v. paralegals w. partner or shareholder x. staff attorney 32. What is the difference between a partner, a shareholder, and an associate attorney? Correct Answer(s): 33. List and describe three persons/occupations that make up the legal team. Correct Answer(s): 34. Compare and contrast a law office administrator with an office manager. Correct Answer(s): 35. Discuss why paralegals are profitable for law offices. Correct Answer(s): 36. List three types of law offices that are not private law practices. Correct Answer(s): 37. Explain the difference between a “powerful managing partner” management structure and a “rule by all partners/shareholders” structure. Correct Answer(s): 38. Explain the difference between a limited legal license technician and an independent legal assistant. Correct Answer(s): 39. Name three areas of responsibility for a legal administrator. Correct Answer(s): 40. Discuss the Missouri v. Jenkins case and explain why this case was important for the paralegal profession. 41. 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