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FILE MANAGEMENT FOR LEGAL ASSISTANTS

These materials were prepareciJ by Keith Kilback and Darlene Bloom, of Kanuka Thuringer Law firm,Regina,Saskatchewan for the Saskatchewan Legal Education Society Inc. seminar, Ethics, .

. Confidentiality & PIPEDA / File Management for Legal Support Staff; June 2004; !

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FILE MANAGEMENT FOR LEGAL ASSISTANTS

TABLE OF CONTENTS

I. Introduction 1

n. File Opening , 1A. Client Information 1B. Conflict Searches 2C. File Identification 2

1. Numbering systems 22. File Colour 3

m. Limitation Reminders and Diary Systems 3A. Limitation Periods 3B. Diary Systems 6

N. File Organization 9A. The Need for a Plan 9B. Sub Files 10C. Practical Tips 11

N. Record Keeping , 13A. Communications 13B. Instructions 14

V. Productivity 14

VI. File Closing 17A. Has Everything Been Done? 17B. Closing Procedures 17

1. Closing Letter and Enclosures 172. Closed File Numbers 183. Destruction Reviews 18

FILE MANAGEMENT FOR LEGAL ASSISTANTS·

I. INTRODUCTION

The following definition of "legal assistant" was adopted by the American Bar Association House of

Delegates in 1997:

"A legal assistant or paralegal is a person, qualified by education, training, or work experience who isemployed or retained by a lawyer, law office, corporation, governmental agency or other entity andwho performs specifically delegated substantive work for which a lawyer is responsible."

By any measure, legal assistants are key contributors to the delivery of cost effective, high quality

legal services by Canadian law firms. This paper is intended to provide a basic overview of some

key file management functions that are normally carried out by legal assistants, and to offer some

common sense suggestions for effectively managing those functions.

II. FILE OPENING

A. CLIENT INFORMATION

Generally, the lawyer is responsible for obtaining from the client the information necessary to allow

support staff to open a new file in the firm's file management system. In most cases, this will

include the client's name, address, telephone and fax numbers, email address, the names ofopposing

parties, and key dates relevant to the case. The information serves several purposes:

(a) file management;

(b) bookkeeping and accounting;

(c) conflict identification; and

(d) deadlines identification.

Most lawyers record initial client instructions on a plain note pad, and too often the lawyer will

forget to obtain the most basic information about the client. A properly completed file openingform

or checklist helps to ensure that all necessary information is obtained and recorded before the file is

• By Keith Kilback and Darlene Bloom, Kanuka Thuringer LLP. The authors wish to acknowledge AnnPhillips, Q.c. and Janice Hill for their kind permission to revise and update portions of an earlier version ofthis paperprepared by them for the SKLESI Seminar "Ethics & Confidentiality File Management for Legal Support Staff,"November 4 and 5, 1996.

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opened. Such a form or checklist need not be elaborate, but should help the lawyer ensure that the

names of the parties (especially corporate parties) are spelled correctly, and that the client contact

information is correct.

B. CONFLICTS SEARCHES

Every law firm should have a procedure for determining if there is a conflict of interest that would

prevent the firm from acting for a client on a particular matter. The purpose of a conflicts search is

to identify as soon as possible that a lawyer may be taking on a client whose interests are adverse to

the interests of an existing client of the firm.

Most firms will have a computerized system for checking potential conflicts. Such systems typically

involve searching a database where the names ofthe firm's clients are recorded. In most cases, the

database will be part of the firm's client management or accounting software package. Support staff

check the database for possible conflicts with current clients, old clients, and adverse parties. If any

"hits" are found, the results are sent back to the lawyer(s) involved to make a decision as to whether

there is a conflict and what to do about it.

To be thorough, the names of all parties that may be potentially involved in the file should be

searched. A properly completed file opening form containing the names of all potential parties to an

action is a useful tool for ensuring that all potential conflicts are identified.

C. FILE IDENTIFICATION

1. Numbering systems

Every law firm has a method for naming and coding active client files. Although there are many

different ways of doing this, most methods include the name of the client, and a unique reference or

matter number that is assigned to each individual file that is opened.

Consider what type of system you need to meet your requirements. There are numerous possibilities,

some of which include the following:

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(a) Simply assign a new number for each new file.! An additional benefit of this

numbering system is that you can easily keep track of the number offiles opened in a

certain period.

(b) Assign one number for each major client, and a separate number for each new matter

to be included at the end ofthe file number, e.g. 1186-02, where client number1186

is General Motors, and 02 is matter number two.

(c) Assign another number for a certain area of law to be included at the end of the file

number, e.g. 1186-02-100 is a General Motors labour law file, where 100 is the code

for labour law.

(d) Add letters identifying the responsible lawyer at the end of the file number (usually

the lawyer's initials). This is often very helpful when your file number is used by

other law firms, since it enables staff to direct mail or telephone inquiries to the

lawyer responsible for that particular file.

2. File Colour

Some firms use different coloured file folders or coloured labels for different areas of law. This

enables you to ascertain what type of file it is simply by the colour of folder or label. It could also

facilitate filing if you wish to separate areas of law into different file cabinets.2

III. LIMITATION REMINDERS AND DIARY SYSTEMS

A. LIMITATION REMINDERS

In many circumstances, a client's legal rights may be lost if action is not taken within a particular

period of time. The terms "limitation period" or "limitation date" are commonly used to denote

these significant dates by which action must be taken in order to preserve the client's legal rights. It

is the lawyer's responsibility to determine the applicable limitation date at the outset ofthe case, and

every firm should have a system (often called a "tickler" system) for keeping track ofthese important

Law Society of Upper Canada "Start-up Workshop", March, 1996, paragraph 1.

2 Ibid.

3

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dates. Since limitation periods are so important, any limitation reminder system should be separate

and apart from all other diary systems.3 Limitation dates most commonly arise in civil litigation, but

often occur in other areas of law. Examples include:

• Ordinary civil actions

• Civil actions requiring notice before the claim can be brought, e.g. against

municipalities

• Builders' liens and builders' lien actions

• Insurance claims

• Options to be exercised - often buried in lengthy leases

• Conditions precedent to be complied with

• Real estate closings

• Tax filings, e.g. deceased taxpayer's income tax returns

It is the support staff's responsibility to see that the lawyer has identified the applicable limitation

date. A limitation period review form can be adopted as part of the overall file opening procedure to

ensure that applicable limitation dates are identified by the lawyer at the outset of the case. The form

should be completed and initialled by the lawyer, confirming either that there are no limitation

periods, or clearly identifying what they are and when theyexpire.4

Once the applicable limitation dates are identified by the lawyer, staff can then enter all limitation

dates into the firm's limitation review system. Although the system can take many forms, it should

be designed so that reminders of the pending limitation date are periodically brought to the attention

of the lawyer until the task governed by the limitation period is completed. Typically, this will

involve the staff person sending several reminders to the lawyer ahead of the limitation date as well

Barry Vogel, Q.C., ed., Safe and Effective Practice (Edmonton: Legal Education Society ofAlberta)(herreinafter, "SAEP") at 99. The authors continue: "There is a fear that combining the limitation diary with othersystems increases the possibility of error, and, as we all know, there is no room for error when it comes to limitationperiods, these errors can be damaging to both the pocket book and to the lawyer's professional reputation."

4 SAEP, supra, note 3, at 100.

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as an ultimate reminder on the limitation date itself. Any central limitation period system should

have the following features:

(a) a clear statement of the task to be performed, e.g. issue statement of claim, file

builder's lien, etc.;

(b) the limitation or "expiry" date by which the task must be performed;

(c) identification of specific earlier reminder dates on which written reminders will be

given to the lawyer in order to allow enough lead time for the task to be performed

(eg.. three months before expiry, then one month before expiry, then one week before

expiry, then on the expiry date itself);

(d) the issuing of written reminders to the lawyer on the identified reminder dates until

the task is completed; and

(e) a method for confirming that the task has been completed and removing the date

from the system.

The coordinated efforts of the lawyer and assistant are normally required to make the system work.

While lawyers make the decisions about which dates to note in the system, the assistant's attention to

detail, double checking of entries, and diligence in ensuring that the reminders are given to (and

looked at by) the lawyer are key to ensuring that nothing is missed. Staff can also help by marking

the limitation date on the file in a conspicuous place, such as on the outside file cover.5

Even with limitation reminder systems, limitation dates can be missed if the lawyer and assistant are

not diligent in following the system. The following are some reasons for the failure of limitation

reminder systems that have been documented:6

• failure to bring forward dates from the current year's diary to future years

• the actual limitation date itself is not diarised - only the bring forward or warning

dates are noted

5

6

SAEP, supra, note 3, at 99.

Law Society of British Columbia, Information Circular IC-l (November, 1993) at 3.

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• no duplicate diary system is kept

• failure to formally open a file when the initial instructions were received

• failure to diarise the limitation at the time the file is opened, on the expectation that

the matter will be dealt with in time

• absence of the person responsible for bringing forward reminders due to sickness or

vacation

• absence of the lawyer from the office at the critical bring forward date

• unfamiliarity with applicable limitation dates

• failure to periodically review all files in progress

• transfer of file to another lawyer without being advised of limitation date

• failure to continually monitor to ensure that all members ofthe firm are following the

agreed procedure

B. DIARY SYSTEMS

In addition to ensuring that limitation dates are met, there are many other ways that a separate diary

or "bring forward" system can help lawyers manage files. Such diary systems can be used to track

other important dates in the management of a particular file that are identified by the lawyer.

Examples include:

(a) keeping track of due dates for:

• serving statements ofclaim (which must be done within a fixed time after the

statement of claim is issued)

• filing motions or briefs of law

• filing of corporate annual returns

• probate proceedings

• filings with government agencies

• estate matters

(b) keeping track of renewal dates for:

• judgments

)

••,.•

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writs of execution

Personal Property ("PPR") registrations

copyrights, trademarks, and patents

leases.

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(c) keeping track of appearance dates in:

• chambers

• trial courts

• bankruptcy proceedings

• administrative hearings

The purpose of a diary system is both to ensure that files come forward on the appropriate date and to

keep only the files to be worked on that day on the lawyer's desk. Using the diary process to get files

out of the lawyer's office when they are not actively being worked on has the added benefit of

helping to identify deadlines - many a deadline has been overlooked while the file sat at the bottom

of a pile on the corner of the lawyer's desk. With a limited number of files, it is easier for the lawyer

to set priorities for tasks to be done that day, and to know exactly what work has to be done that day

and what can be deferred.7

Regardless of whether a lawyer's file diary is kept manually (in a diary book) or electronically (using

personal information management software such as Lotus Organizer), the basic concepts are the

same. Each file is assigned a date that the lawyer next wishes to see the file (the "diary date"),

which is entered into the system by the assistant. Files listed in the system are then pulled on a daily

basis. There are many different ways that a diary or "bring forward" system can be implemented in

the office, including the following: 8

SAEP, supra, note 3, at 97. The authors state: ''The lawyer need not worry that something will beforgotten on a file because the file is out of sight. A reminder system will ensure that files will automatically 'Comeforward on the appropriate date for the necessary action to be taken. The lawyer will then find it far easier to setpriorities because he or she need only organize in order of priority the tasks which have to be done on that given day."

8 SAEP, supra, note 3, at 103.

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(a) File Notation System: The information is physically on the file, e.g. the bring forward

date is noted on the outside file cover. It is also entered by the assistant in either a

desk diary or electronic organizer. The files are placed in the filing cabinet. The

assistant checks the diary or organizer every day and pulls the files listed on that day.

(b) Desk Diary System: similar to the above diary system; the lawyer notes the file (and

tasks to be done) in his or her diary, when the file is placed in the cabinet. The

assistant takes the lawyer's diary each day and pulls the files required. This system is

fraught with danger - the lawyer is solely responsible for noting bring forward dates,

and there is no double checking by support staff to ensure that every file has a date.

(c) Tickler System: A review of the file itself is not used as a reminder. Instead, the file

name and a list of the tasks to be done are noted in a diary or on index cards that are

then filed in an index tray under the appropriate date. Each day, the index cards are

pulled or a list of files (and tasks) is generated andgiven to lawyer, without the files.

After reviewing the list, the lawyer can decide which files should be pulled, can give

immediate instructions without looking at file, or can give instructions to rediarise a

file to be followed up on later.

Regardless of its form, a good.diary system is essential for keeping the file moving systematically

and efficiently,9 and for ensuring that a file does not fall through the cracks. A file should never be

returned to a filing cabinet without being given a new diary date. In addition, all files in the cabinet

should be periodically reviewed to ensure that diary dates have been recorded for each file. This can

be delegated to support staff with instructions to pull ANY file that does not have current diary date

on it or has been inactive for a certain period of time. The point is to make sure that all files are in

the system.

9 SAEP, supra, note 3, at 97. Which, as the authors state, will in turn increase the lawyer's productivity.

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Any diary system that is used should meet the lawyer's needs and be capable of implementation by

support staff. There should be flexibility in devising a system that allows both staff and lawyers to

point out problems and to suggest solutions to make it effective.

IV. FILE ORGANIZATION

A. THE NEED FOR A PLAN

One of the worst time wasters in a law office is the time spent searching through files to find things.

Arranging documents, correspondence, notes, and other papers in files in an orderly sequence

ensures that information can be readily obtained. Unless there is some clear approach to how things

will be filed, there is a real danger that documents will be lost or mislaid, or that the lawyer will be

unable to locate key documents or information when needed.

Effective file organization is about doing anything that will make it easier for you and the lawyer to

immediately put your hands on what you need. Depending on the nature of the file, you could

consider using the following:

• sub-files that are numbered for easy identification

• an index of all sub-files on each file

• colour-coding

• different colour paper for different items within files

• looseleaf or other binders for a part of a file

• cross-references within the file

• notations as to location of certain documents (i.e. videotape, maps, etc.) which are

inconvenient to have filed in the cabinet.

Hunting for a file can also be a major waste of time. Files should be kept properly stored in filing

cabinets when the lawyer is not actually working on them. This allows the assistant to always be

able to find a particular file when it is needed, rather than forcing the assistant to hunt through piles

of files in the lawyer's office.

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B. SUB FILES

The use of sub files is a particularly good way to organize most files. As an example, each client file

may contain sub files for one or more of the following:

• communications, including: correspondence, memorandums to file or notes of

conversations, meetings, or telephone calls arranged chronologically

• substantive memorandums and investigations

• searches

• retainer letter

• firm accounts and billing information

• legal research

• client documents

• opposing party documents

The type of sub files used in any particular case will vary depending on the area of law and the

complexity and size of the file. It helps keep things organized if you are logical and consistent in

how files are organized, both within a file and for the same kind of files. Examples of sub files that

may be appropriate in any particular case include:

(a) Commercial Files: The sub files commonly used in commercial files are

"correspondence", "searches" (including letters to and from various taxing authorities

and registrars), and "documents", especially if there are numerous documents.

(b) Family Files: These files commonly have sub files for "client documents", "opposing

party documents", "pleadings" (if litigation has commenced), and "agreements" (if

any). If the case is contested, you may wish to consider using further sub files such

as "assets", "liabilities", "maintenance", "custody" and "access".

(c) Civil Litigation Files: Litigation files often contain the following sub files:

"pleadings", "client documents", "opposing party documents", "examinations for

discovery", "research" or "case law", and many others.

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There is no absolute right way to use sub files. At the end of the day, what matters is that you and

the lawyer agree on a system that allows the lawyer to know where things are, and allows you to

know where things should be.

C. PRACTICAL TIPS

Filing should be kept as current as possible to allow lawyers to quickly ascertain what is happening

on a file. This is also the reason it is important to keep the file in chronological order. All files

should be neat and tidy and at minimum should have correspondence and pleadings on separate

brads in chronological order. A neat file makes it easier for someone who is unfamiliar with the file

to understand what is going on.

In most cases, file contents should NOT be left loose on the file, particularly correspondence,

pleadings, etc. Fasten the contents together with a brad, spike, or Acco® fastener. Accidents do

happen - drop the file and you could waste time having to put it back in order. If you do not use

fasteners, you and the lawyer will drop the file more frequently.

When a file becomes too thick to manage, a new correspondence file should be opened with the fIrst

one being clearly marked as "No.1" with a label showing the end date of the correspondence

contained in that file. The new correspondence file should be marked as "No.2" with a label

showing the date of commencement of the correspondence in that file. Example:

First SMITH HOLDINGS LTD.Folder: RE: Jones Industries Inc.

FILE NO: 11978-0 KDK

DATE OPENED: September 1, 2002

Correspondence toDecember 31,2003[this would be handwritten in red]

Second SMITH HOLDINGS LTD.Folder: RE: Jones Industries Inc.

FILE NO: 11978-0 KDK

DATE OPENED: September 1,2002

Correspondence from January 1,2004

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Accordion folders can be used for storage of documents, briefs, and other bulky documents. The

label on the accordion folder should clearly display the file number and contain a description of

what is in the folder. If many accordion folders are part of a file, a label describing what is in the

folder will prevent you from having to open each folder and look through it to locate the needed

document. Example:

SMITH HOLDINGS LTD.RE: Jone~ Indu~trie~ Inc.FILE NUMBER: 11978-0 KDK

• PPR Searche~

• Ca~e Law re: Priority• Defendant'~ Documents

Pleadings binders are often used in place of having pleadings in the file on a brad. The pleadings

binder should have a comprehensive index of what it contains and be labelled clearly on the spine

showing the style of cause and file number.

When accordion folders are used, it is useful to make a note on the inside cover of the latest

correspondence file that there is an accordion folder(s) associated with that file and a note ofwhat it

contains. When pleadings binders are used, a similar notation should be made. This saves time in

locating documents and pleadings, and functions as a convenient index of the entire contents of the

file. Example:

Accordion Folder Contain~:

• Statement a~ to Documents

• Medical Record~

• Ca~eLaw

Pleading~ Binder

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IV. RECORD KEEPING

A. COMMUNICATIONS

Legal assistants frequently deal independently with other law offices, government agencies, and

clients. As they do this, they should follow guidelines similar to those that lawyers follow with

respect to record keeping. Some of these guidelines are: 10

(a) Make a record ofevery communication - something that seems trivial at the time may

be significant later. ill descending order of preference, the following methods of

documenting communications are preferred:

• written communication with proof of receipt

• written communication without proof of receipt

• oral communication confirmed in writing

• oral communication with contemporaneously written private note (memo to

file)

• oral communication with no documentation

(b)

10

There are no excuses for not keeping complete records. "I'm too busy", "the matter is

too urgent", "a confirming letter would be insulting", "the matter isn't important

enough" or "I trust the other party" are not excuses. Keep in mind that:

• It is easier and often quicker to send an email or to write a letter and fax it

than trying to track someone down by telephone

• File memos of a conversation rarely take long

• A brief dated note at the bottom of a letter is often a sufficient record

• You may trust the other person, but do you really know how good his/her

memory is? What if another person takes over the file?

SAEP, supra, note 3, at 58-61.

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B. INSTRUCTIONS

Give detailed written instructions for tasks to be done by others on your behalf. Instructions for filing

documents in court should include the Q.B. number, style of cause, document(s) attached and

specific instructions to the courier or court runner on what to do with them. Similarly, give detailed

instructions for tasks to be done at ISC, PPR, Corporations Branch, etc. Consider using a standard

form instruction sheet, including a place for the clerk to sign confirming that the task is completed,

the fees were paid, etc. This kind of written record is invaluable when the lawyer needs to know if a

particular task got done.

V. PRODUCTIVITY

In Safe and Effective Practice, a book edited by Barry Vogel, Q.c., then the Practice Advisor withthe Law Society of Alberta, the authors make the following comments about delegating tasks to legalassistants:

"Most of the things that have to be done on a file require intelligence and some experience of a law office, buthave nothing to do with an LL.B. If you have to summarize something or index it or arrange it or look forsomething, your secretary can probably do the job at least as well as you can. Encourage her to do this sort ofthing. Most secretaries like being treated as intelligent people and given some responsibility. It will free you todo matters that come closer to real lawyer's work, and it is probable that your secretary, being more used topaperwork and having fewer telephone interruptions, will do a better job than you can. Always encourage yoursecretary to take on new tasks and never assume automatically that a task which does not involve detailedknowledge of the law is beyond your secretary. For example, how many lawyers put off dictating accountsbecause of the time involved and spend a long time doing it? How many, instead, have their secretary prepare adraft of an account? How many lawyers make routine telephone calls to obtain pieces of information, verify theavailability ofdates, and that sort of thing, when a secretary with a little guidance would be perfectly capable ofdoing the same thing?11

The essence of this passage is that legal assistants can make lawyers more productive by handling

tasks that require intelligence and experience, but not a law degree. For most lawyers, what

distinguishes a good assistant from an indispensable one is the latter's ability to save the lawyer time.

With advancements in law office technology, the way that an assistant can best accomplish this is

being redefined. In a recent article, Ron Friedmann stated that:

"...technology has drastically changed secretarial work: lawyers type more; word processing features such asstyles, templates, and macros speed the work for both secretaries and lawyers; e-mail, voice mail, and instantmessaging reduce the need to take telephone messages; printing replaces some photocopying; and even time

11 SAEP, supra, note 3, at16-17.

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entry is a shrinking function as more lawyers key-in their time. Consequently, some secretaries can focus onhigher-value activities such as managing client relationships, drafting and proofreading documents, assemblingand reviewing bills, and acting as executive assistants.,,12

Even with the traditional secretarial role being redefined by technological advancements, enhancing

lawyer productivity remains one of the key functions ofgood legal assistants. Good file management

skills are one way that this is accomplished, although the extent to which a lawyer may use the

services of a legal assistant to perform certain higher level functions depends in part on the skill and

competence of the particular assistant. Good legal assistants have an understanding of their

limitations, and of what they are and are not authorized to do, and what they can and cannot legally

do under The Legal Profession Act.

Many of the routine or repetitive tasks performed in a law office can be delegated to the legal

assistant, once the assistant has an understanding of what is required, particularly in areas like

routine document production and the preparation of standard notices. Friedmann notes that instead

of typing, filing, and taking messages, what some lawyers really need is specialized support for

presentations, data analysis, or practice applications such as document assembly.13 In areas like

these which involve knowledge ofoffice technology, legal assistants are often more up to speed than

lawyers are and can perform the work more efficiently.

Tasks performed by legal assistants could include:

(a) the preparation of drafts of routine correspondence, such as:

• correspondence paying invoices

• requests for documents or information

• audit inquiry responses

• demand letters

• retainer letters

12

13

Ron Friedmann, ''The Future of Legal Secretaries" Legal Times (12 May 2003).

Ibid.

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• draft accounts

(b) the preparation of drafts of standard documents in relation to:

• foreclosures

• security realizations

• applications for substituted service

• proofs of service

• default judgments

• interest calculations

• Bills of Costs

(c) conducting various searches, such as:

• conflicts searches

• PPR searches

• Writ Registry searches

• Land Titles searches

(d) preparing reports of data analysis, such as:

• preparing spreadsheets

• preparing PowerPoint presentations

(e) performing "executive assistant" functions, such as:

• scheduling client appointments

• scheduling meeting dates with other lawyers

• responding to client requests for information

It is essential to recognize that ANY significant document or piece ofcorrespondence prepared by an

assistant MUST be reviewed by a lawyer before it leaves the office. The lawyer is ultimately

responsible for work performed by the firm, regardless of whether part of it was delegated to non

lawyers.

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When routine repetitive work is delegated to a legal assistant, it is a good idea to use a checklist of

procedures clearly delineating the functions that are the lawyer's responsibility and the functions that

are the assistant's responsibility.

VI. FILE CLOSING

A. HAS EVERYTHING BEEN DONE?

The file should be thoroughly reviewed prior to being closed to ensure that everything is done. A

final invoice should include all time and disbursements, including any anticipated disbursements.

When preparing the final invoice, make sure to include any courier or fax charges that may be

incurred in returning documents to the client.

Once the file invoice has been paid, the file may be closed and removed from the diary system. The

file should be checked for original documents that are to be returned to the client. When sending the

file for closing all accordion folders and pleadings binders should accompany the file.

B. CLOSING PROCEDURES

1. Closing Letter And Enclosures

There should almost always be a closing letter, which may also be a reporting letter, sent to the client

by the lawyer when a file is being closed. The closing letter should make it apparent that the law

firm, at any rate, thinks everything has been done, and that the file will be closed.

Original documents should be returned to the client. The closing letter should advise the client that

the firm is not keeping copies of the originals, and that the documents should be kept in a safe place

for later use. The closing letter may also remind or warn the client about:

• the expiration of writs of execution, security agreements, etc.

• option exercise dates

• other renewals that may be required (business name registrations, registered trade

marks, etc.)

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2. Closed File Numbers

In most firms, when a file is dosed it is assigned a "closed file" number, which is different from the

number given to the file when it was opened. A similar software management system is usually in

place to keep track of closed files. Closed files are usually stored until a date determined by the

lawyer or office policy, on which the file will be reviewed for destruction.

Assistants can help keep track of when files are concluded, and can remind the lawyer when a file

may be ready to be closed. Most lawyers will be focussed on active files, and will appreciate the

reminder. Once a file is completed, it should be checked, closed out and put away. This practice also

helps keep closed files from taking up filing space that should be reserved for active files.

3. Destruction Reviews

As the file is closed, a date should be set to review it later to see if it can be destroyed. A review date

should be determined by lawyer or firm policy. Legal assistants can help by ensuring that closed

files are pulled for review at the appropriate time.

Closed file reviews should be done by the lawyer, and not too many should be scheduled at one time,

or the lawyer is likely to just put off the review in favour of attending to more urgent matters.