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Republic of the Philippines

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES


INSTITUTE OF TECHNOLOGY
Management Technology Department

INSTRUCTIONAL MATERIAL
FOR
OALT 40013
LEGAL OFFICE PROCEDURES

COMPILED BY:

JEAN O. BONIOL, MEM

MELISSA D. REY, MEM

OFELIA D. SALAMATIN, MBE

MS. MAY ROSE M. VILLEGAS


INTRODUCTION

Legal Office procedures create a uniform way of doing things that create consistency,
efficiency and professionalism within the office environment. It sets the standard for how a staff
works together in the office, often a set of rules or policies guiding the operations of an office or
small business. Legal office procedures should be tailored to fit your business. For example,
a medical or dental practice will require different procedures than a law firm, collection
agency, barber shop or factory.

The most efficiently and effectively run law office in operation today is one in which
legal office procedures are systematic and organized and the attorneys take advantage of
the latest technologies available. By developing law office procedures in this manner, a legal
practice can better serve its clients and reap more profit in both the short and long term.

Organizing a law office is a great way for paralegals, legal secretaries and legal
assistants to support attorneys. In small law offices, attorneys may even have to organize
themselves. Most law offices have a centralized filing system, and case files are checked out
to attorneys only when needed for case work. Because attorneys spend their time meeting
with clients, attending court proceedings, taking depositions and performing other case work,
they depend on office organization to find paperwork when needed.

Attorneys often hire office professionals in several capacities—legal secretary, paralegal,


librarian, researcher, transcriber, financial and records control. Many of these positions provide
opportunities for you to use the office skills you already have and to further enhance these skills
as well. A legal secretary performs tasks similar to most secretaries in offices. However, in a
legal office the secretary performs tasks that demand knowledge of legal document preparation
as well as court procedures.

office and practical application. It will also provide a solid foundation on which student
can build a legal career as a legal office professional and acquire capabilities to expand into
other areas of law such as legal secretaries, legal assistants, paralegals, and law office
managers and staff.

A profession that by its very nature must reflect the broadened scope and the
heightened competition of modern legal business. It is now much more than a receptionist-cum-
typist, for an increasing number of lawyers expect their secretaries to function as legal
assistants who can relieve them of many routine and some specialized tasks. A competent and
responsible legal secretary is not only a link between management and line personnel but also a
supporting adjunct to the lawyer.

1 |OALT 40013 LEGAL OFFICE PROCEDURE


TABLE OF CONTENTS

LESSON 1 The Law Office in the 21st Century 3


A. Law Office in the 21st Century …………………………………………………………… 4
B. Organizational Chart and Office Layout in Today’s World …………………………… 4
C. Personnel in the Law Office of the 21st Century ……………………………………… 5
D. Equipment and Supplies Used ………………………………………………………… 5
Lesson Quiz …………………………………………………………………………………… 7
LESSON 2 The Lawyer and the Legal Secretary 8
A. Qualifications of a Lawyer …………………………………………………………… 8
B. Definition of a Legal Secretary ……………………………………………………… 9
C. Functions and Qualifications of a Legal Secretary ………………………………… 9
D. The Legal Secretary’s Code of Ethics ……………………………………………… 10
Lesson Quiz ………………………………………………………………………………… 10
LESSON 3 Duties of the Legal Secretaries 10
A. Handling Visitors and Telephone Calls ……………………………………………… 11
B. Handling Appointments and Reminders with Clients and Other Visitors …………… 13
C. Handling Files and Records ………………………………………………………… 14
D. Handling Mails, Fax, or Arrange for Delivery of Legal Correspondence …………… 15
E. Keeping Account Records and Performing Bookkeeping Work……………………… 15
F. Preparing Legal Research ……………………………………………………………… 15
G. Prepare and Process Legal Instruments and Documents……………………………… 15
Lesson Quiz …………………………………………………………………………………… 19
LESSON 4 Legal Terminology and Dictation of Legal Materials ……………… 19
A. Special Outline for Legal Terms ………………………………………………………… 21
B. Latin Word and Phrases ………………………………………………………………… 21
Lesson Quiz …………………………………………………………………………………… 22
LESSON 5 Courts, their Functions and Jurisdiction……………………………… 22
A. Supreme Court of the Philippines ……………………………………………………… 22
B. Metropolitan Trial Courts ………………………………………………………………… 23
C. Regional Trial Courts …………………………………………………………………… 24
D. Court of Tax Appeals …………………………………………………………………… 25
E. The Ombudsman ………………………………………………………………………… 25
Lesson Quiz…………………………………………………………………………………… 25
Answers to Activities/Assessment…………………………………………………………… 25

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COURSE OUTCOMES:

At the end of the semester, the students should be able to:

• Acquire skills in encoding, taking down dictation, and transcribing legal papers/materials
containing legal terms in proper format.
• Possess mastery of legal vocabulary and terminology
• Demonstrate legal secretarial procedures and function as an administrative assistant in
an organization with additional training in the field of basic law and court system and its
relationship to the evolving global office environment.

LESSON 1 The Law Office in the 21st Century

OVERVIEW

Students of legal office procedure introduces students to the career of a legal office
secretary. It presents basic legal concepts and the various fields of the law and outlines the
preparation of documents commonly used in these fields. It provides the information needed to
select documents appropriate for a particular situation, identify the information necessary to
complete the documents, and prepare the documents correctly. Comprehensive coverage
begins with an overview of the law office; then describes office duties; legal correspondence;
the court structure; and legal research.

The course will also enable the student to use the terminology, background and
knowledge of the legal procedures followed in the course associated with employment in law

Learning Outcomes:

After successful completion of this lesson, you should be able to:

1. Acquire a new set of assumption and innovation how the law offices in the 21st century
operates.
2. Identify and create legal records based on classifications of law.
3. Handle different kinds of personnel in the legal field.
4. Work with different equipment and supplies in the legal office.

COURSE MATERIAL:

The students need to have their own Steno Notebook for dictation and computer or
typewriter for legal forms production.

A. The Law

Law commonly refers to a system of rules created and enforced through social or
governmental institutions to regulate behavior. (Wikepedia)

Rule of civil conduct, prescribed by the supreme power of a state, commanding what is
right and prohibiting what is wrong (Blackstone, Commentaries on the Laws of England)

A. Laws are classified as:

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1. Public and Private law. Public law is concerned with the state, and includes
constitutional, administrative, and criminal law. Private law, in contrast with Public
law, is that part of the law administered between private individuals. If someone
commits a crime, he has committed a public wrong. On the other hand, if he
(someone) breaches his contract with another individual, he has violated a private
right. A civil action may be brought to court.

2. Substantive and Adjective Law. Substantive law is that part of the law established by
the courts to administer and it regulates the rights and duties. Adjective law provides
a method for enforcing and maintaining rights and duties.

3. Written and Unwritten Law. Unwritten law emanates from the judicial branch of the
government and written law emanates from the legislative branch of the government.
Written law includes constitutions, statues, municipal, ordinances, treaties and rules
and regulations of the various governmental agencies. The unwritten law, referred to
as “common law” or “case law”, consists of court decisions. Common law grew up in
unwritten law. However, to consider “case law” as unwritten law is rather misleading
because court decisions of major importance are published in official volumes. What
makes it unwritten is the fact that case law has never been textually enacted.

B. The sources of law. The sources of our law today are the written and the
unwritten laws described before.

The Law Profession

The law is a “jealous mistress” and an “exacting master”. The necessary


education is long, grueling, and expensive. Many enter the law profession and hence,
competition is keen. Many from the profession is overcrowded—those who finish the law
course and take the bar examination and passed may drop out and would rather enter or go into
business or engage in another profession to be able to earn a living. Those who take the bar
examination and fail end up as clerks in office. Those who stick it out despite all of the
obstacles and become respected member of the bar should be congratulated because he
deserves the influential position he occupies in the community

The Law Office

The law office is the place where the lawyer works as practitioner. He needs a place
where he will attend to his clients. He also needs personnel who will work with him, equipment,
machines, office appliances and office supplies to make the work in the law office flow smoothly.
An ideal law office consists of a reception room, a work room, a library, a file room, a
conference room, and a series of a private offices. Because of the confidential nature of legal
matters and the desire of clients to transact business in secret, glass partitions are not
recommended. The reception room, the work room, and file room may be combined and
considered as a general office. There may not be a common library, but each lawyer must have
a particular library consisting of law books and other reference books needed by the lawyer. In
a large office, each lawyer has his own room. It may also be customary that lawyers may share
an office suite especially if they have the same specialty.

B. ORGANIZATIONAL CHART AND OFFICE LAYOUT IN TODAY’S WORLD

4 |OALT 40013 LEGAL OFFICE PROCEDURE


The forms of business organization for the law profession are:

1. The sole proprietorship form of business organization. Most law offices are of
the sole proprietorship type. The lawyer is the owner and he occupies a small room as his
office with a secretary working with him. There are advantages and disadvantages of this type
of business organization. There may be senior partner or partners, junior partner or partners,
and associate lawyer. The designated partners called managers partner is responsible for the
smooth functioning of the organization. All service department—stenographic, accounting,
filing, maintenance of court docket and court calendar are under his supervision. In large offices
there may be a managing clerk and office manager to look after the details, but the
responsibility is his. If the lawyer, as a sole proprietor, needs more capital and is rather
successful, he many get more lawyers as his partner and then form a partnership.

2. The partnership form of business organization is an association of two or more


not less than five who contribute their resources into a common fund for the purpose of dividing
the profits in accordance with the partnership agreement. A criminal lawyer may form a
partnership with a civil lawyer or lawyers or another criminal lawyer. This form of business
organization may incorporate if it is successful. The capital is increased by selling shares of
stocks and the owners of such shares of stocks become stock holders.

3. Corporation is a form of business organization which is an artificial being,


invisible, intangible, and existing only in contemplation of law. The corporation is managed by a
board of directors who are elected by the stock holders. The corporation may be rendering not
only legal services but also accounting services. The corporate form is too impersonal where
personal services are important.

C. PERSONNEL IN THE LAW OFFICE

1. Partners
2. Associate lawyers
3. The secretary who is usually called the law secretary or legal secretary. The
lawyer may have his own secretary or, in a small office, he may share the
services of a secretary with another lawyer.
4. Stenographer or stenographers who are responsible in taking down minutes of
meeting and proceedings during investigations or court proceedings.
5. Bookkeeper/bookkeepers
6. Law clerks
7. Managing clerks
8. Typists
9. Telephone operators
10. Messengers and janitors. Several lawyers may share the services of one
messenger or one janitor in a small office located in a big building.

D. EQUIPMENT AND SUPPLIES USED IN A LAW OFFICE

The kind and type of equipment and supplies used in a law office will depend upon the
nature, size, and the personnel in the office. The following are usually needed in a law office
Filing cabinets
Divider
Bookcase/bookcases

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Shelves
Tables and chairs
Telephone
Cassette with blank tape
Staplers and staple remover
Computer/computers/typewriter (optional)
Xerox machine if necessary

Supplies like legal size bond paper, envelope with letterhead, letterhead
Stationery, second sheets, onion sheets, erasers, legal cap, folders, Scratch pad, brown large
and ordinary-sized envelopes, mimeo paper, Stencil, carbon/carbons, pencils, colored pencils,
ball pen, spiral bound Stenographer’s notebook.

Stationery supplies, in addition to the usual stationery used for correspondence, law
offices have many kinds of paper of legal work. The stationery supplies used for various
purposes in a typical law office follow.

“Legal cap” is white paper, 8” by 13” or 8 ½” by 14” with wide ruled margin at the right. It
is used for court papers and for legal instruments, such as agreements, contracts, and the like.
Substance 16 is used for the original or ribbon copy. Legal cap, substance 20, is preferable for
the original of wills; substance13 for the carbon copies. In some states, legal cap has numbers
along the left margin.

Bond or onion skin legal cap is used for the carbon copies, substance 13 or 9 if no more
than 8 copies are made; substance9, for more than 8 copies. Some offices used substance 16
(same as ribbon copy) for the office copy because it is more durable.

“Legal-size” paper plain without the ruled margins, same substance as the legal cap, is
also used for legal instruments of various kinds and for court papers in some jurisdiction.

Short white paper, approximately 8’ by 10 ½”, with ruled margins, substance 16, is; used
for the ribbon copy of briefs and law memoranda; substance 9 or 13 for the carbon copies.

Short white paper, approximately 8” by 10 ½”, plain without ruled margins, is used for
legal documents that are not written on long paper. The choice varies with the office.

“Manuscript covers” re of a heavy colored paper, usually blue, about 25 percent cotton
fiber. Legal instruments and court papers are bound in them.

Legal-size covers, with or without the firm name, are used for binding legal instruments
and court papers. Legal-size covers with a printed panel are frequently used for binding court
papers. These covers are referred to as backs. Because they cover only the back of the paper
bound in them.

White covers, with or without the firm name engraved them, are used for binding wills.

Short covers, with or without the firm name, are used for binding briefs, law memoranda,
and legal instruments that are typed on short paper. They are double and are bound at the
side.

Legal size yellow manifold is used for drafts.

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Legal scratch pads are pads of 8 ½” by 12 ½” yellow paper, with ruled margin and lines.
See that there is always one on the lawyer’s desk and one in his brief case. He uses the pads
for making notes, writing drafts in longhand, and the like.

“Firm letterheads,” 8 ½ by 11”, substance 24, 20, or 16 are used for the original of firm
correspondence. Some firms also have an 8 1/2 “ by 7 1/2” letterhead for short letters.

“Continuation sheets”, loosely called second sheets, of the same substance as the
letterheads are used for additional pages of a letter. They do not have a letterhead on them but
usually have the firm name engrave or printed on them.

“Firm letterheads,” marked “copy,” or unglazed onion skin, substance9, are used for
copies of correspondence.

Colored onion skin or yellow manifold is used for the file copy of correspondence.

“Executive letterheads,” 6” by 7” engraved with the attorney’s name, is used for the
attorney’s personal correspondence. This paper frequently has a kid finish.

“Monarch” size envelopes, 3 7/8” by 7 ½” are used with the executive Stationery. No. 6 ¾
(3 5/8” by 6 ½”) and No.10 (4 1/8” by 9 ½”) envelopes fir the 8 ½ by 11” letterheads.

Envelopes of heavy manila stock (about 40 pounds), 3 ½” bottom flap, 3 ½” top flap
gummed solid, with a ¾” scored shoulder also gummed, are used for mailing bulky documents
and papers that can be folded.

Here are some suggestions for the layout of a legal office:

1. Separate the reception room from the work portion with a rail or a divider of filing cabinets to
divide the work room from the reception area. The furniture must be arranged in such a way
that the work room is not used as passage way.

2. It is desirable to have a private exit from the lawyer’s private office. The lawyer
does not have to pass through the waiting room where other clients are waiting. This
arrangement will also afford the lawyer to come in and out without being noticed.

3. The secretary’s office must be located near the lawyer whom she serves. She may share
the same room with her boss. If she is occupying another room, this room must be near the
door of her boss.

Activities/Assessment Lesson 1
True or False
____________________ 1. In most cases law offices have many kinds of paper of legal works.
____________________ 2. Agreements, contracts, and the like uses a special paper called
“legal cap”.
____________________ 3. Office supplies bond or onion skin legal cap substance 16 is for
legal office copy because it is more durable
____________________ 4. Legal papers are usually protected on the outside by a legal back.
____________________ 5. Legal professional must have at least a high school diploma.

7 |OALT 40013 LEGAL OFFICE PROCEDURE


LESSON 2 THE LAWYER AND THE LEGAL SECRETARY

Learning Outcomes:

After successful completion of this lesson, you should be able to:

1. Provide administrative support to lawyers and legal executives bounded by the code of
ethics for the legal secretary.
2. Execute the functions and duties of the legal secretary and his or her role in the legal
profession.

A. THE LAWYER

Any individual who finishes a law degree and have taken and passed the bar
examination is called a lawyer. He is now a licensed individual who can practice his profession.
Like in medicine, the law profession also has general practitioners. But because of the
increasing demand for services in certain areas, general practitioners now specialize in at least
one area. The trend toward specialization has resulted from the lawyer’s inclination and liking
for a special field and from the human impossibility of becoming expert in every field. However,
graduating from a law school and having passed the bar examination for lawyers is not a
panacea for success. He must not only possess the necessary training and knowledge of law
but a personality that will attract clients, gain their confidence, and hold them. He must not
resort to advertising but to send out card about him announcing that he is engaged in the
practice of law at a certain address. The cards may be sent to the following groups:
1. Friends, acquaintances, and classmates
2. Members of the local bar
3. Government officials
4. Clients and other lawyers

Since the legal professions a public service and its purpose is the administration of
justice, the lawyer’s first interest in outside activities is the work of is bar association. He must
then be a member (or an active member at that) of the lawyer’s association. He must also be
involved in civic affairs—the school, church, charitable institutions, and any activity which will
improve the community where he lives. He must also participate actively in religious or church
activities and in social gatherings.

A lawyer is a judiciary; his relationship with his client is one of trust and confidence. He
must not use this position of trust and confidence for his own personal advancement. His
client’s business must be considered strictly confidential. The information given to the client by
the lawyer is a “privileged communication”—the lawyer cannot be compelled to testify
concerning it.

The lawyer may have a senior and or junior partner or partners. Even if he does not
have a partner, he may have also some associates. The letterhead of the firm bears the name
of the lawyer, a line separates one group of names with the other group. The associate lawyers
who are not members of the firm are also included.

The type of fee charged is important for record and bookkeeping purposes. Fees are
classified as follows:

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1. Single retainer – the client retains the lawyer for a specific case and agrees to pay a
specified fee. Part of the retainer fee is paid in advance.

2. Yearly retainer. Many organizations retain the lawyer on an annual basis. It is


necessary to know whether a specific matter is covered by the retainer or is to be
charged separately.

3. Contingent fee. The amount is contingent upon the amount recovered for successful
outcome of the case. This kind of fee is customary in personal injury cases
especially if the client is unable to pay the lawyer for his time except out of the
damages he might recover. A certain percentage is used to for payment.

4. Forwarding fee. Usually a case is referred to a lawyer by somebody or a firm. A


percentage of the fee earned is sent to the forwarding attorney.

5. Collection charges. The collection of commercial items is a special branch of law


practice. The standard amount is based on a percentage of the amount collected.

B. THE LEGAL SECRETARY

The legal secretary works with the lawyer in a legal office. Her duties are:

A. The duties of the legal secretary are:


1. Composing letters, memo
2. Handling appointments and reminder systems
3. Handling telephone calls
4. Handling reception work
5. Filing
6. Keeping account of charges, disbursements, and collections.
7. Following office cases on court calendars
8. Taking down minutes during meetings
9. Taking down proceedings during investigations and during court hearings.
10. Maintaining the court docket or suit register
11. Typing legal documents
12. Acting as a cashiers, handling financial matters
13. Performs other related duties.

C. FUNCTIONS AND QUALIFICATIONS OF THE LEGAL SECRETARY


1. Holder of an appropriate bachelor’s degree
Secretarial course
Office administration course or other related courses
Formal study in areas of psychology, economics, and
literature, and other foreign languages aside from English
2. Possesses basic skills and knowledge
skills in the three R’s including a fourth R which is Reasoning
knowledge of office procedures
3. Possess specific skills in shorthand, typing, transcription and operation of office
machines like computer, adding machines, calculator, photo copying machine
and others.

9 |OALT 40013 LEGAL OFFICE PROCEDURE


4. Has familiarity with legal terms and legal procedures.
5. Possesses attractive, pleasant-to-work-with personality.
6. Has had previous training and experience in office work.
7. Has effective communication skills both written and oral.

The legal secretary’s duties and responsibilities will depend upon the size of the office,
and the form of business organization. The secretary must be refined as reflected in her
knowledge of professional customs and practices, good manners and right conduct, and
personal appearance.

D. THE LEGAL SECRETARY’S CODE OF ETHICS

The legal secretary must be guided by the following Code of Ethics

a. The first duty of a legal secretary is loyalty to her employer.


b. It shall be the duty of every legal secretary to maintain at all times a high standard of
courtesy in all contracts with law offices, clients, courts, and any all persons.
c. It shall be unethical for any legal secretary to violate any statutes now in effect or to
be enacted governing privileged communications.
d. It shall be unethical for any secretary or employee of any law office to divulge the
contents of any document in the possession of her employer without first having
obtained the consent of said employer, or to discuss, maliciously or otherwise, with
any person, matters of a confidential nature, knowledge concerning which may come
to her by virtue of her employment.
e. It shall be the duty of every legal secretary to maintain harmonious cooperation with
her associates.

Activities/Assessment Lesson 2
Identification
1. Term describes representing oneself rather than hiring an attorney. _________________
2. Reading, writing, arithmetic, and _______________
3. An attorney’s trust accounts holds funds that ______________
4. In criminal law, the guarantee that the accused will receive a fair and impartial trial is
5. a person trained in the field of law whose clerical capability includes writing legal drafts or
Briefs ______________

LESSON 3 DUTIES OF THE LEGAL SECRETARIES

Learning Outcomes:

After successful completion of this lesson, you should be able to:

1. Perform varied duties and responsibilities depending on the size and nature of the law
firm.
2. Project the best possible image of the law firm in handling clients, in telephone or in
person.
3. Follow closely the executive’s writing style of routine letters, form letters, memorandum
and legal researches.

10 |OALT 40013 LEGAL OFFICE PROCEDURE


4. Create and use precedents in the preparation of correspondence and the basic legal
documents
5. Maintain financial records for the firm.

A. HANDLING RECEPTION AND TELEPHONE CALLS

1. Basic precepts – good manners, judgement, and discretion should control your attitude
in your contracts with clients and other callers. The voice must be warm, cordial not only in
person but over the telephone

a. Find out the name of a caller and the purpose of his call
b. Never discuss with one client the affairs of another
c. Guard against letting your knowledge of a client’s legal difficulties color your attitude
toward the client.
d. Never give legal advice.
e. Maintain the goodwill of the caller and make his contact with the firm pleasant and
satisfactory.
f. Judge which clients the employer will welcome, which he wants to avoid, which
should be seen by another lawyer in the firm, and which you should take care of
yourself.
g. Make explanations to those callers whom the lawyer will not see, without
antagonizing the caller.

2. The secretary’s introduction to the client

In law offices where the “team spirit” the client and the secretary in the same manner that he
makes in a social introduction. He presents a man client to the secretary; he presents the
secretary to the woman client. He explains to the client that the secretary always knows where
to reach him; that if the client telephones when he is out, the secretary will answer his questions
or get the answer from another member of the firm. She knows that he could be reached in an
emergency. He explains to the client that he has the utmost confidence in the secretary and
that she necessarily knows about the client’s problem. The client gradually comes to know the
secretary personally and to have a high regard and respect for her efficiency. This makes the
secretary’ contacts with the client promote good will and are estimable value to the lawyer.

Handling telephone calls


Telephone contacts are of paramount importance in law office. The secretary must
know how to answer and make calls smoothly, how to talk into the instrument, and how to take
messages for the lawyer.

1. The following situations require tact and diplomacy:


a. A stranger call for an appointment but is reluctant to divulge the nature of his
business.
b. An irate client telephones while the lawyer is out.
c. A client or prospective client asks the fee for certain services.

Rules of telephone Courtesy. The following simple rules constitute the basis of
courteous and efficient telephone usage:
a. Answer calls promptly and be ready to take

11 |OALT 40013 LEGAL OFFICE PROCEDURE


b. When you leave your desk, arrange for someone to take your calls. Greet pleasantly
c. Keep pad and pencil handy.
d. If calls are received and the person called on the line is not around do any of the
following:
1. Take the message
2. Tell caller to call back
3. Return the call
4. Tell caller to hold while you look for the person needed on the line
e. If you have to put the receiver down for any reason, put it down gently.
f. Do not interrupt or be impatient. Listen attentively. Do not make the other party
repeat because of your inattention.
g. Do not try to talk with a cigarette or pencil in your mouth.
h. When you have finished talking, say, “thank you, or “Good-bye,” pleasantly and
replace the receiver gently. Let the caller hang up first.
i. Make a records of calls made received.

2. Handling Incoming Calls


a. Answering calls for the lawyer – If a call for the lawyer is received determine whether
he is ready to handle or not. Decide also whether you could attend to the matter or
refer the matter to somebody else.

b. Always make a record of incoming calls a printed form like the following maybe used:

_____________________20___
TELEPHONE MESSAGE for Mr./Ms./Mrs. ______________________________
Mr._________________________________called at ____________ o’clock
He/She was told that you were He/She said (left):
Out_______________________ no message_____________
Not in today________________ will call again____________
Not in your room____________ he is answering your call___
Talking on telephone_________ please call him___________
Out of town________________ please see him___________
To call him back____________ it is urgent______________
His telephone number is____________________________________________
Additional remarks:________________________________________________

If a call is received, screen the calls by knowing who the caller is and the purpose of the call.
c. Calls from an irate client. Usually a client who is annoyed about something makes a
call while the lawyer is out. It is advisable not to make explanations to him. Tell him
to make an appointment to see the boss personally.
d. Request for the amount of the fee. The legal secretary should never quote fees.
Offer to make an appointment for him with the lawyer. If he does not want an
appointment, offer to have the lawyer call him.

3. Handling outgoing calls.


a. Plan what to say
b. Identify yourself
c. Have a handy directory of name, address, and telephone number of the needed
people/individual/business firm

12 |OALT 40013 LEGAL OFFICE PROCEDURE


4. Handling long distance calls

B. HANDLING APPOINTMENTS AND REMEINDERS WITH THE CLIENTS AND OTHER


VISITORS
The secretary to handle the following situations:

a. Clients serve without appointments – the secretary in this case must decide whether the
lawyer will see of not the client. If she can decide whether the lawyer can see the client.
If the lawyer cannot, then she should induce the caller client to see another lawyer or
she may handle the situation herself. If the secretary is new in the company, she may
request another lawyer to see the client.
If the lawyer will see the client she should make the caller understand
that an appointment is needed before coming. If the secretary feels that the
lawyer will see the client, but the lawyers is still busy, ask the client if he can wait
for the lawyer. If the client cannot wait, the secretary should ask the client for
another appointment.

b. Stranger who wants legal advice – in the conversation which will transpire between the
stranger and the secretary, the latter will come to know that the visitor wants to get legal
advice from the lawyer. If the lawyer can see the visitor accompany him to the lawyer’s
office, introduce him, and leave him. In the case the lawyer cannot see the visitor,
schedule an appointment with him. Get the phone number so that if the lawyer cannot
keep his appointment, the secretary can notify him.

c. A client with an appointment is given priority – if the client comes early for the
appointment, he should be made to feel comfortable while waiting. He should be given
newspapers and magazines to read.

d. Hysterical clients – if a client becomes hysterical in the office, take her to the rest room
and make her feel calm. A suggestion to postpone the appointment is in order. The
hysteria might be brought or by discussing the case with the patient. In this situation the
secretary may direct the conversation away from the client’s immediate concern.

e. Presents and payment for work – gifts like candy, cigarettes, chocolate, cakes and the
like for special work maybe accepted without permission from the lawyer. Christmas
presents, if not very expensive, may also be accepted without your employer’s consent.
Never accept expensive personal gifts from a client. Payment for over-time work is in
order. It is permissible, but not always desirable, to accept payment and provided you
are offered a lump sums and are not asked the price of services if your lawyer is willing.
However, it should be remembered that the offer was just sign of gratitude for the extra
effort given on their behalf. Refusal to accept may offend them.

f. Invitation from clients – it should be remembered that a basic rule of office conduct is
that office life and social life must be kept apart. If the social contact seems
disagreeable, the unpleasantness is reflected in the professional contact, and results in
the loss of a client. The secretary should not accept social invitation from clients met in
the lawyer’s office. On the other hand, invitations maybe accepted from a client known
for a long time and provided permission in granted by the boss.

13 |OALT 40013 LEGAL OFFICE PROCEDURE


g. A client wants to see a file – in this situation, the secretary may ask the clients exactly
what records/papers he needs to see. If he is entitled to see them, remove the papers
from the file and hand them to him. He is allowed to examine papers ad transcripts of
testimony taken in his presence. He is not allowed to examine the lawyers working
papers correspondence about his case or other papers wherein he does not have
personal knowledge.

h. Salesmen – since salesmen frequently visit law offices, be able to distinguish those the
lawyer wants to see and those who are not welcome. The lawyer buys readily law
books, services, and periodicals. You must be familiar with the names of the various
publishing houses. The lawyer may even want to see law book salesmen when the
latter calls. Those who cannot see the boss because he is busy, may even be sked to
make appointment with to the boss. For magazine salesmen, peddlers, and the like
observe the following rule: Never let a stranger in the lawyer’s private office unless he is
not a magazine salesman or peddler.

Handling reminder systems and practices


1. Keeping and entries for a diary
a. Appointments e. Meetings
b. Court work f. Payments
c. Family dates g. Renewal date
d. Holidays h. Tax dates

2. Entries for legal work


a. Title of the matter
b. Time and place
c. Nature of act to be performed

3. Tickler card file


a. Dictation g. Trials
b. Appointments h. Hearings
c. Conferences i. Arguments
d. Closings j. Research
e. Interview witnesses k. Some telephone calls
f. Some stenographic work

4. Follow-up files

Handling Appointments
1. Making appointments
2. Accepting appointments
3. Recording of appointments
4. Cancelled, unavoidable and refused appointments

C. HANDLING FILES AND RECORDS


A. Filing in a Law Office
Classification of files:

14 |OALT 40013 LEGAL OFFICE PROCEDURE


1. Client’s business files
2. Commercial collections
3. Personal files of the lawyer
4. General correspondence files
5. Periodicals
*the filing system used in a legal office is the numeric filing system which is an
indirect filing system.

D. HANDLING MAILS, FAX OR ARRANGE FOR DELIVERY OF LEGAL


CORRESPONDENCE
1. Incoming mail
a. Preliminary sorting
b. Opening the mail
c. Dating the mail
d. Secondary sorting
e. Reading the mail
f. Recording the mail
2. Outgoing mail
a. Checking addresses
b. Checking mailing notation
c. Checking signatures
d. Checking enclosures
e. Checking reference and carbon copy notation
f. Folding and inserting letters into envelopes

E. KEEPING ACCOUND RECORDS AND PERFORMING BOOKKEEPING WORK


1. Recording fees
2. Court costs
3. Fee paid process servers
4. Revenue or documentary stamps
5. postage

F. PREPARING LEGAL INSTRUMENTS AND DOCUMENTS (RESEARCH)


1. Distinctive Features of Dictation and Typing
2. Taking Dictation in a Law Office
3. Take-Ins (taking down testimony)
4. Preparing Legal Papers
5. Notary Public – whose duty is to attest the genuineness of any deed or writing

G. PREPARE AND PROCESS LEGAL INSTRUMENTS AND DOCUMENTS

Distinctive features of dictation and encoding in legal office

A. Legal instrument - a formal written document which gives formal expression to a legal act or
agreement. Such as: deed, bill of sale, lease or will.
B. Parties to an Instrument – are those who acquire a right or give up a right, as evidenced by
a written instrument.
C. Execution of an instrument – is doing tat which is required to give effect or validity to the
instrument and, therefore, included signing and delivery.
a. Testimonial clause

15 |OALT 40013 LEGAL OFFICE PROCEDURE


Example:
IN WITNESS WEREOF, Marco Corporation has caused its
corporate seal to be hereto affixed, and attested by its secretary, and
these presents to be signed by its president, this fifth day of September,
20__

IN TESTIMONY WHEREOF, the parties hereto have hereunto


set their hands the day and year first above written.

b. Signatures

IN WITNESS WHEREOF, The parties hereto have hereunto set


their hands and seals, the day and year first above written.

In the presence of:


_________________L.S.
_______________________

_______________________ _________________L.S.
Party of the First Part
_________________L.S.
Party of the Second Part

c. Sealing an instrument (corporation/individual seal) – the practice of affixing a seal


to an instrument originated in the days when only a few people could write their
names.
d. Attestation clause

ATTEST
__________________________
Secretary

e. Acknowledgment should be distinguished from


1. Jurat – simple statement that an instrument is subscribed and sworn to or
affirmed before a proper officer without further statement that it is the act of
deed of the person making it.
2. Verification – an acknowledgment is a verification of the fact of execution but
is not a verification of the contents of the instrument executed.
3. Attestation – is the act of a third person who witnessed the actual execution
of an instrument and subscribed his name as a witness to that fact

Essentials of an acknowledgement
1. Venue or place where acknowledgment was taken
2. Date of acknowledgment
3. Designation of the person making acknowledgment

16 |OALT 40013 LEGAL OFFICE PROCEDURE


4. Signature and designation of officer taking acknowledgement
5. Date of expiration of commission
6. Notary seal and residence certificate of the current year

Different forms of acknowledgment


1. Simple form
2. Acknowledgment by attorney-in-fact
3. Acknowledgment on behalf of a corporation

Simple form of acknowledgment

Different types of Legal Documents/Specific Legal Instruments

A. Affidavit – is a written testament of a facts sworn to by the person making the


statement in the presence of an officer authorized to administer the oath. As
distinguished from acknowledgement, an affidavit is a complete instrument within
itself.
Essentials
1. Venue
2. Name of affiant
3. Averment of oath
4. Statement of facts
5. Signature of affiant
6. Jurat
7. Signature of notary

B. Power of Attorney – is a written instrument giving authority to the agent appointed to


act in the name and on behalf of the person signing it.

Parties to a power of attorney


1. Principal
2. Agent or attorney-in-fact

Forms of powers of attorney


1. General – is broad in scope and enables the agent to transact almost any
business for the principal
2. Limited – the agent’s power is limited to a specified act(s)

17 |OALT 40013 LEGAL OFFICE PROCEDURE


Statement and clauses.

C. Will – is the disposal of one’s property to take effect after death


The only party to a will is the testator or testatrix if a woman.

Forms and kinds of wills


1. Oral or nuncupative executed orally
2. Written will are common
3. Holographic or olographic is a handwritten will by the testator
4. Reciprocal will be written by two or more persons with reciprocal testamentary
provisions in favor of each other.

Patterns of the contents of wills


1. Title
2. Introductory paragraph
3. Revocation clause
4. Text of body of the will disposes of the testator
5. Payment of debt and funeral expenses
6. Dispositive clauses
7. Trust provisions
8. Residual clause
9. Appointment of executor
10. Appointment of guardian
11. Testimonial, or signature clause
12. Attestation clause and witnesses’ signatures
13. Certifying copies of wills
14. Codicil

18 |OALT 40013 LEGAL OFFICE PROCEDURE


Activities/Assessment Lesson 3
Identification
_______________ 1. What term describes a log containing chronological case entries of court
proceedings?
_______________ 2. A term describes a person authorized by law to administer oaths, collect
statements, and witness signatures?
_______________ 3. What term describes a person or an entity named in a will to administer
the estate
_______________ 4. Someone involved in a lawsuit is called a..
_______________ 5. The first to hang up in a call
Homework
Prepare the following legal instruments
Affidavit, power of attorney, will, agreement, and subpoena.

LESSON 4 LEGAL TERMINOLOGIES AND DICTATION OF LEGAL MATERIAL

Learning Outcomes:

After successful completion of this lesson, you should be able to:

1. Demonstrate a working knowledge of legal terminologies and procedures vital to the


competence of a legal secretary.
2. Transcribe and prepare dictated materials containing expanded vocabulary, legal
terminology, and specialized formats at an acceptable standard.
3. Take dictation and transcription at 60 GWAM with a minimum of three errors.

19 |OALT 40013 LEGAL OFFICE PROCEDURE


A. SPECIAL OUTLINES FOR LEGAL TERMS

B. LATIN WORDS AND PHRASES (see https://en.wikipedia.org/wiki/List_of_Latin_legal_terms)

20 |OALT 40013 LEGAL OFFICE PROCEDURE


Activities/Assessment Lesson 4
Dictation/Production Practice (1minute and 30 seconds)
There was a thorough investigation of

the case. The criminal did not admit his guilt

before the jurisdiction. However, the

allegation of the plaintiff was proven beyond

reasonable doubt. The crime was a violation

of the Constitution. The consummation of the

crime cannot be denied. The judge will

consider the motion to hold another hearing.

21 |OALT 40013 LEGAL OFFICE PROCEDURE


LESSON 5 COURTS, THEIR FUNCTIONS AND JURISDICTION

Learning Outcomes:

After successful completion of this lesson, you should be able to:

1. Determine the pertinent provision of courts, their functions and jurisdiction.


2. Project the best possible follow-through in courts, their functions and jurisdiction.

A. Supreme Court of the Philippines


B. Metropolitan Trial Courts
C. Regional Trial Courts
D. Court of Tax Appeals
E. The Ombudsman

[REPUBLIC ACT NO. 7691]

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS,


MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS,
AMENDING FOR THE PURPOSE BATAS PAMBANSA, BLG. 129, OTHERWISE
KNOWN AS THE “JUDICIARY REORGANIZATION ACT OF 1980”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

SECTION 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the “Judiciary
Reorganization Act of 1980”, is hereby amended to read as follows:

“SEC. 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive
original jurisdiction:

“(1) In all civil actions in which the subject of the litigation is incapable of pecuniary
estimation;

“(2) In all civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds Twenty thousand
pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty
thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of
lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

“(3) In all actions in admiralty and maritime jurisdiction where the demand or claim
exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand
or claim exceeds Two hundred thousand pesos (P200,000.00);

“(4) In all matters of probate, both testate and intestate, where the gross value of the
estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro
Manila, where such gross value exceeds Two Hundred thousand pesos (P200,000.00);

“(5) In all actions involving the contract of marriage and marital relations;

22 |OALT 40013 LEGAL OFFICE PROCEDURE


“(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial
functions;

“(7) In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations
as now provided by law; and

“(8) In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney’s fees, litigation expenses, and costs or the value of the property in controversy
exceeds One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila,
where the demand exclusive of the abovementioned items exceeds Two Hundred thousand
pesos (P200,000.00).”

Criminal Cases. – except in cases falling within the exclusive original jurisdiction of Regional
Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts shall exercise:

SEC. 2. Section 32 of the same law is hereby amended to read as follows:

“SEC. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts in Criminal Cases. – Except in cases falling within the exclusive original jurisdiction
of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:

“(1) Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction; and

“(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable
accessory or other penalties, including the civil liability arising from such offenses or predicated
thereon, irrespective of kind, nature, value or amount thereof: Provided, however, That in
offenses involving damage to property through criminal negligence, they shall have exclusive
original jurisdiction thereof.”

SEC. 3. Section 33 of the same law is hereby amended to read as follows:

“SEC. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts in Civil Cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts shall exercise:

“(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and
intestate, including the grant of provisional remedies in proper cases, where the value of the
personal property, estate, or amount of the demand does not exceed One hundred thousand
pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the
demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest,
damages of whatever kind, attorney’s fees, litigation expenses, and costs, the amount of which
must be specifically alleged: Provided, That interest, damages of whatever kind, attorney’s fees,
litigation expenses, and costs shall be included in the determination of the filing fees: Provided,
further, That where there are several claims or causes of actions between the same or different

23 |OALT 40013 LEGAL OFFICE PROCEDURE


parties, embodied in the same complaint, the amount of the demand shall be the totality of the
claims in all the causes of action, irrespective of whether the causes of action arose out of the
same or different transactions;

“(2) Exclusive original jurisdiction over cases of forcible entry and unlawful
detainer: Provided, That when, in such cases, the defendant raises the questions of ownership
in his pleadings and the question of possession cannot be resolved without deciding the issue of
ownership, the issue of ownership shall be resolved only to determine the issue of possession;
and

“(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession
of, real property, or any interest therein where the assessed value of the property or interest
therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro
Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00)
exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and
costs: Provided, That in cases of land not declared for taxation purposes, the value of such
property shall be determined by the assessed value of the adjacent lots.”

SEC 4. Section 34 of the same law is hereby amended to read as follows:

“SEC. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. –


Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be
assigned by the Supreme Court to hear and determine cadastral or land registration cases
covering lots where there is no controversy or opposition, or contested lots where the value of
which does not exceed One hundred thousand pesos (P100,000.00), such value to be
ascertained by the affidavit of the claimant or by agreement of the respective claimants if there
are more than one, or from the corresponding tax declaration of the real property. Their
decisions in these cases shall be appealable in the same manner as decisions of the Regional
Trial Courts.”

SEC. 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts
mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended
by this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years
thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand
pesos (P300,000.00): Provided, however, That in the case of Metro Manila, the
abovementioned jurisdictional amounts shall be adjusted after five (5) years from the effectivity
of this Act to Four hundred thousand pesos (P400,000.00).

SEC. 6. All laws, decrees, and orders inconsistent with the provisions of this Act shall be
considered amended or modified accordingly.

SEC. 7. The provisions of this Act shall apply to all civil cases that have not yet reached
the pre-trial stage. However, by agreement of all the parties, civil cases cognizable by municipal
and metropolitan courts by the provisions of this Act may be transferred from the Regional Trial
Courts to the latter. The executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition of jurisdiction to
the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.

24 |OALT 40013 LEGAL OFFICE PROCEDURE


SEC. 8. This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in two (2) national newspapers of general circulation.

Approved,

SGD. EDGARDO J. ANGARA SGD. JOSE DE VENECIA, JR.


President of the Senate Speaker of the House of
Representatives

This bill which is a consolidation of House Bill No. 167 and Senate Bill No. 1348 was
finally passed by the House of Representatives and the Senate on March 9, 1994 and March 7,
1994, respectively.

SGD. EDGARDO L. TUMANDAN SGD. CAMILO L. SABIO


Secretary of the Senate Secretary General
House of Representatives

Approved: 25 MARCH 1994

(Sgd.) FIDEL V. RAMOS


President of the Philippines

Source: Presidential Management Staff

Activities/Assessment Lesson 5
Identification
____________________ 1. Name the three branches of the Philippine Government
____________________ 2. Nomenclature designation for PD
____________________ 3. Nomenclature designation for PP
____________________ 4. Nomenclature designation for BP
____________________ 5. Nomenclature designation for EO

Answers to Activities/Assessment
Lesson 1 Lesson 2 Lesson 3 Lesson 5
1. True 1. Per se 1. Docket 1. legislative,
2. True 2. Reasoning 2. Notary Public executive, and
3. True 3. Belong to 3. Personnel judicial
4. True someone else representative 2. Presidential Decree
5. True 4. Due process 4. Litigation 3. Presidential
5. Legal secretary 5. caller Proclamation
4. Batas Pambansa
5. Executive Order

25 |OALT 40013 LEGAL OFFICE PROCEDURE


Lesson 4

COURSE GRADING SYSTEM

Class Standing 70%


• Quizzes
• Attendance
• Recitation
• Projects/Assignments/Seatwork/Special Report

Midterm / Final Examinations 30%
100%

Midterm Grade + Final Term Grade = FINAL GRADE


2

26 |OALT 40013 LEGAL OFFICE PROCEDURE


REFERENCES

Legal Office Procedures (7th Edition) by Joyce Morton Ed.D. Paperback


Legal Secretary’s Complete Handbook Fourth Edition by Mary A. Devries ISBN-13: 978-
0135298763, ISBN-10: 0135298768
Webster’s Secretarial Handbook Second Edition, A Merriam-Webster Inc.
Legal Counseling With Notes On: Practicum and Practice Court Second Edition by Recaredo P
Barte, 2006
Handbook for the Legal Secretary by Miriam Bredow
Gregg Shorthand Dictionary Anniversary Edition by John Robert Gregg S.C.D.

Other Materials:
https://www.michigan.gov/documents/LegalSecretary 12781 7.
En.wikipedia.org/wiki/Legal-secretary
https://www.facebook.com/LegalSoftware
https://www.peeple.com/Legal+Secretary+Job

Click and Watch this link:


https://www.bing.com/videos/search?q=youtube+vedeos+for+legal+secretary&docid
https://www.youtube.com/results?search_query=legal+secretary

27 |OALT 40013 LEGAL OFFICE PROCEDURE

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