Office Procedures - LAWYERS
Office ProceduresManualRisk Management practice guide of Lawyers MutualLAWYERSMUTUALLIABILITY INSURANCECOMPANY OFNORTH CAROLINAwww.lawyersmutualnc.com
DISCLAIMER: This document is written for general information only. It presents some considerations that might be helpful in your practice. It is notintended as legal advice or opinion. It is not intended to establish a standard of care for the practice of law. There is no guarantee that following theseguidelines will eliminate mistakes. Law offices have different needs and requirements. Individual cases demand individual treatment. Due diligence,reasonableness and discretion are always necessary. Sound risk management is encouraged in all aspects of practice.October 2016
Office Procedures ManualRisk Management practice guide of Lawyers MutualTable of ContentsWhy You Need a Manual2Writing a Manual3The Manual: Office Structure5The Manual: Personnel Policies7The Manual: Office Procedures9The Manual: Standard Formats12Maintaining a Manual13Sample FormsLaw Office Manual Suggest Table of Contents14Confidentiality Forms15New Team Member Checklist - HR16New Team Member Checklist - Employee17New Team Member Checklist - Manager18Employee Termination Form18Exit Checklist20Weekly Time Sheet21Leave of Absence Request22Job/Office Evaluation23Performance Evaluation24Additional Resources28LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA5020 Weston Parkway, Suite 200, Cary, North Carolina 27513Post Office Box 1929, Cary, North Carolina 27512-1929919.677.8900 800.662.8843 919.677.9641 FAX www.lawyersmutualnc.com–1–
office procedures manualWhy you need a manualPreparing and maintaining an office policies and procedures manual is an essential part of managing a law practice. Although the process may seem tedious while creating the manual, it will save valuable time and headachesin the future. Because an office policies and procedures manual is so valuable, it is important to take sufficienttime to compose a good one. A poorly constructed manual could open the firm to legal liabilities and confusestaff regarding responsibilities. Having a clear, all-inclusive manual will help create a stable working environmentand assist with your management duties by providing answers to questions that may arise.An office policies and procedures manual is composed of two distinct sections. The office policies section refersto rules and regulations. These include employment, behavior, and inclement weather procedures. Having anEmployee Handbook is strongly recommended. At a minimum, many federal and state employment related lawsrequire that employers have written formalized policies addressing certain issues. Other laws recognize affirmative defenses to employee claims if certain policies exist. Having a formal Employee Handbook that is tailored tothe needs of the specific organization and that is regularly updated is the best way to ensure compliance and tominimize risk for employee claims.“Having a clear, all-inclusive manual will help create a stable working environment andassist with your management duties by providing answers to questions that may arise.–2–
RISK MANAGEMENT PRACTICE GUIDE OF LAWYERS MUTUALThe office procedures section documents the administrative functions necessary for the business to operate properly. These include daily, monthly and yearlyprocedures. For law offices, procedures include filemanagement, conflicts of interest checking, managingthe trust account, and calendaring. Opening mail, answering the phone, and other routine activities shouldalso be included. All of these processes are vital toprevent malpractice claims and grievances.practice tipAn office policies and proceduresmanual is composed of two distinct sections.The Office policies section refers torules and regulations. Examples include: In reality, the need for an office policies and procedures manual is greater for solo and small firms thanin larger firms. Because the trusted assistant is reliedupon to do so much, an extended absence could bedetrimental to the office if you have to attempt to traina substitute based solely on memory of activities youdo not perform. One minor duty could be overlookedand cause a major problem.employmentbehaviorinclement weather proceduresThe office procedures sectiondocuments the administrativefunctions. Examples include: An office policies and procedure manual also makestraining new employees easier by providing step by stepdescriptions of job duties. Even though the new employeeshould be shown how to perform each task, they will nothave to rely on memory or continually ask their trainerquestions because written instructions are provided.In essence, the policies and procedures manual willserve as your employees’ handbook and the office howto guide. The manual explains to your employees whatyou expect from them and informs them of how they canexpect you to handle problematic situations should anyfile managementconflicts of interest checking,managing the trust account,calendaring.routine activities like opening mail andanswering the phonearise. Have employees sign an acknowledgement thatthey have read and received their manual. Keep thisacknowledgment in their personnel files. Another way totrain staff on procedures is to record a series of videos.With the availability of video on smart phones, it is notnecessary to have a video studio to accomplish this.Writing a ManualFor your office policies and procedures manual to bemost effective, you will need to put time and effort intopreparing it. You can find several sample manuals,some specifically designed for law offices, that you canedit to your liking. Your manual should not radicallychange established office policies, so take care not tosimply adopt a generic manual as provided.Use Simple LanguageAn office policies and procedures manual shouldbe written in simple, easy to understand language.Sentences should be twenty words long or fewer. Theidea is that readers can glance at the manual andquickly grasp the concepts being presented to them.–3–
office procedures manualTypically the best method of presenting information is an outline format.Simple language and detailed structure makes it easy for employeesto find the information they are looking for in the manual. Clear, plainlanguage also prevents misinterpretation of information and ensureseveryone is on the same page. Your manual should not be confusing tothe reader.The manual should be written in a positive tone. The purpose is to providea pleasant working environment and produce a cohesive firm identity.Compiling Contentpracticetipwriting the manual1.Use simple langue.Sentences 20 words orfewer.2. Have a detailedstructure, such as anoutline format3. Use a positive tone.Before you begin to write your manual, you will need to compile theinformation that needs to go into it. Since most of the daily administrativetasks may be unfamiliar to an attorney, have office staff record theiractivities and write down the steps they take to perform these duties.Review calendars for monthly and yearly tasks and record the actionsnecessary to complete these activities as well.Avoid specific actions, such as “Preparing a Will” in an estates practice.Instead, there should be a general entry for document preparation thatdescribes the process for accessing standard paragraphs in your wordprocessing system or the location of sample forms. This will prevent yourpolicies and procedures manual from becoming unnecessarily long byrepetitively describing the steps for specific document creation when theyare essentially the same.4. Compile informationbefore you begin towrite the manual. Askoffice staff to record theiractivites and duties toinclude.5. Avoid specific actionsand instead focus onstandard documentpreparation.6. Organize informationinto categories to givethe manual structure7.Organizing ContentOnce you have the content pulled together, you will need to organizethe information into categories that give the manual structure. Create anoutline of your manual to assist you with determining where informationshould be placed. Divide the manual into sections and topics to includespecific information underneath.If you are using a sample manual, it will provide you with the formatof how a typical policies and procedures manual would be organized.For those who are creating a manual on their own, general sectiondescriptions are provided in this handout. First and foremost, theorganization of your policies and procedures manual should make the–4–Create a productionschedule. Breaking itdown will prevent it frombecoming overwhelming.8. Edit for consistency.9. Establish a reviewprocess, which includestesting the outlineprocedures.
RISK MANAGEMENT PRACTICE GUIDE OF LAWYERS MUTUALinformation easy to find. Use the table of contents andindex to ensure staff locate the information they need.multiple writers be employed for writing the manual.ReviewPlanning ProductionAt this point, writing the policies and proceduresmanual probably seems like a massive, daunting task.Create a production schedule, setting aside a certainamount of time each day to work on the manual.Breaking the work into smaller units will prevent it frombeing overwhelming. Having a production schedule ishelpful to maintain a balanced workflow.Regardless of who composes the manual, you will needto establish a review process to ensure that it complieswith employment laws and accurately describes procedures. The review process is also extremely important tocheck for phrases such as “with cause” that may limityour rights as am employer. Using the wrong phrasescan turn your employee manual into a contract in theeyes of the court.You may also elect to assign the writing duties tosomeone else, or divide sections among staff members. However, it is important that the writing style forthe manual remain consistent throughout. Since manuals are composed in simple language, this should berelatively easy to maintain even if you use multiplewriters. Editing for consistency will be necessary shouldThe review process should also include testing ofprocedures described in the manual to ensure they arethoroughly described. Since the manual may be reliedupon by staff to complete tasks in emergency situations, instructions must include all steps in the procedure no matter how small so that the procedure canbe duplicated without training if necessary.The Office Structuregoals. Company history will complement the missionThe best starting point for your manual is a descriptionstatement by showing your progress. The introductionof your office structure. This introduces employees toshould make an employee feelyour company and defines officegood about choosing yourorganization. Beginning yourcompany.manual with the office structureBeginning your manualsection will set a positive tone forwith the office structurethe manual instead of beginningsection will set a positiveBuilding Layout and Accesswith rules and regulations.“tone for the manualThe next section of office structureshould consist of building layoutIntroductionrules and regulations.and access procedures, includingmaps of the building as well as theThe first order of business in theoffice layout for your suite. This canintroduction section is a welcome to the employee.help new employees find items within the office withoutThis letter, gives a personalized element to thehaving to ask questions each time.handbook. Follow the letter with your firm’s missionstatement to further emphasize the commitment toinstead of beginning with–5–
office procedures manualIf your office is located in a building thatautomatically locks the front doors at a given time,such information should be communicated in thissection. Access to the office during non-businesshours, such as weekends, should include informationregarding alarm systems as well as temperaturecontrol standards for unoccupied hours.practice tipThe Manual: Office StructureIntroduction.A welcome letter to the employee. Include firm’smssion.Job DescriptionsBuilding Layout and Access.Include maps of the building and office layout.Include information about access (such asautomatically locking doors, access to the officeoutside of business hours) and alarm systems.The manual should include a description of eachposition to clearly identify who is responsible fortasks. Assigning tasks to specific employees helpsbalance workload among employees and promotea better work environment. Job descriptions will bemore general for smaller law firms and more specificin larger law firms where additional positions allowthe firm to narrow the duties of an employee.job descriptions.Include a description of each position to identifyresponsibility for tasks.Job descriptions assist new employees with knowingwhom to ask certain questions. You will haveprepared a job description when hiring someoneto fill a position; this description can be placed inthe manual. You may wish to reword the languageto fit the manual, but it is not necessary to create acompletely new description. Also, firm size to numberof employees will factor into how specific or generalthe job descriptions should be. A flow chart of firmand division structure may also prove helpful.Supplies and equipment.Detail where supplies are located andprocedures to request more supplies. Includelocations of office equipment (fax machines,copiers, etc.) and explain procedures formaintaining equipment.Supplies and EquipmentThe last piece of the office structure portion of themanual describes office supplies and equipment.Detail where supplies are located within the officeas well as the procedure to request more supplieswhen needed. If supplies are typically purchased ona certain schedule, include procedures for urgentsupply requests.The location of office equipment such as faxmachines, scanners and copiers should be detailed.Including information regarding the procedures forchanging toner cartridges for office equipment willensure the equipment can be properly maintainedand functioning. If you have personnel whom youwould prefer to perform maintenance, identify theresponsible party.–6–
RISK MANAGEMENT PRACTICE GUIDE OF LAWYERS MUTUALThe Manual: Personnel PoliciesPersonnel policies cover the terms of employment for your office. Wording is crucial in this section to ensure youdo not limit your rights as an employer. In some cases, policies manuals have been determined to be contractsbetween employers and employees. Speak in general terms and avoid words such as “guarantee” when referringto firm actions. You want to avoid determining certainty with regards to how the firm reacts to situations.“General PoliciesWording is crucial in this section toGeneral employment policies indicate compliancewith federal and state employment laws. Policiesshould include topics such as equal opportunityemployer, non-discrimination, confidentiality andprivacy. Include your office procedure for harassmentin this section.ensure you do not limit your rights asan employer. In some cases, policiesmanuals have been determined tobe contracts between employers andemployees. Speak in general terms andavoid words such as “guarantee” whenEmploymentreferring to firm actions.This category describes the act of being employed.List classifications of employment as well as anyprobationary period used by the firm. Describe theprocess of employee evaluations and how they will beused. Also, include information regarding personnelfiles and their confidentiality.Another component of the employment policiessection is the disciplinary and termination terms.Include the procedures for disciplinary actions and/ortermination without representing that such procedureswill be followed for each offense. Some offenses, forexample, might be cause for immediate termination.(If an employee is being considered for disciplinaryaction, any concerns should be reflected in theemployee review. An employee may file for wrongfultermination if the review process suggests satisfactoryperformance and then they are terminated for notperforming their duties properly.)ConductThis section of the manual describes the employee’sbehavior as a representative of the company. Includeonline representation such as social media, bloggingand email since these have permanent impressionsand have a farther reaching effect than other behavior.Define your office media policy, including who isallowed to represent the firm to media outlets. Do notneglect web browsing regulations and other uses ofoffice equipment and supplies for personal use. Alsodetermine who is allowed to sign contracts on behalfof the firm.Your company’s dress code policy should be veryspecific about what is allowable. Be sure to enforceyour dress code policy consistently to avoid claimsof bias. Also include policies for personal phonecalls and audio devices to limit the amount of work–7–
office procedures manualinterruption and disagreements regarding musical tastes between officeworkers, especially those whose desks are situated in cubical officelayouts.To ensure that your office presents a professional image, include a sectionregarding workspace maintenance and personal property. This can serve asa reminder that client information is privileged, so a client visiting the officeshould not view loose papers on a desk or have access to computer screens.practicetipThe Manual:personnel policiesgeneral policies. Compliancewith federal and state regulations.Another component of the employee conduct is the office dating policy.This policy can be a strict no dating policy or restrict any personalrelationships to after office hours. The goal is to prevent personalrelationships from affecting office performance.While it may be tempting to write these office rules heavy handedly, besure to project a positive attitude and focus on the objective of a goodworking environment instead of a list of things not to do. To ensure thissection ends on the most positive note possible, close the section focusingon employee comments and suggestions to make the office better.employment. Includeclassification of employment,information about personnel filesand confidentiality, and disciplinaryand termination terms.conduct. Describe acceptablebehavior, including dress code.Include online behavior (socialmedia, blogging and email), amedia policy, web browsingregulations and uses of officeequipment and supplies.Hours of Workhours of work. Hours ofNow that employees know how to behave in the office, you need to tellthem when they are to be present and accounted for. Hours of operationshould be provided. Include the time allotted for lunch and/or breaks.If your firm allows for telecommuting or alternate work schedules, addressthe procedures for approval of these actions. Detail the importance ofattendance and knowing where employees are when they are needed.Include your office’s procedures for time reporting. Address late arrival orearly departure notification procedures as well.The last component of this section is the office emergency closing policy.Since this is most often used for inclement weather, outline your policyfor informing employees of office closure. In inclement weather situationswhen the firm is open or on a delayed schedule, provide the policy forhow those who cannot come to work will be charged the time.In the event of emergency evacuations from the office, an emergency exitplan should be in place with a designed employee gathering site to verifyeveryone has exited the building. If possible, include detailed maps withoutlined exit routes in the manual.–8–operation, and policies aroundtelecommuting or alternate workschedules.benefits. All informationabout the benefits package- insurance, retirement andvesting procedures, and tuitionreimbursement if applicable.holidays and leave. Listholidays observed by office andinformation regarding paid time offaccrual an duse. Include policiesregarding jury duty, military leaveand bereavement, as well as anyother incentive leave such asschool leave.
RISK MANAGEMENT PRACTICE GUIDE OF LAWYERS MUTUALclosing. Also detail how many days the office will beclosed if the office elects to close multiple days for aholiday, such as Thanksgiving or Christmas. Providethe procedure for informing employees of the yearlydates for holiday observance.BenefitsFor many employees, the benefits package addssatisfaction to the job they have accepted. Insuranceis perhaps the most sought after benefit foremployees. Include all types of insurance coverageoffered: health, dental, short term disability, etc.Also detail worker’s compensation coverage and theprocedure for submitting claims.Also provide employees information regarding paid timeoff accrual and use. Paid time off may be combined intoone category or broken down into sick leave, vacation,etc. The procedure for requesting paid time off fromsupervisors should be included. Short-term disability and/or discharge due to illness also should be addressed.Employees are also very interested in the firm’sretirement plan benefits. The type of plan(s) availableshould be provided. Also provide any contributionsto the plan that will be made by the firm. Your firm’svesting procedures should also be described.Another benefit offered by many companies is tuitionreimbursement for work-related education. Provide theprocedure for obtaining pre-approval for educationexpenses. There can be restrictions as to what kind ofeducational programs are covered by this policy as well.Holidays and LeavePolicies regarding jury duty, military leave, andbereavement should be included in this section. Schoolleave, taken in hourly segments, can be anotherincentive to help promote parental involvement inschool functions. If compensation is provided for anyof these leave categories, detail how much time anemployee can expect to be paid within an allottedtimeframe. For example, your firm may provide twoweeks of paid time for jury duty within a two yearperiod but provide no paid time for military leaveunless the employee uses accrued paid time off.This section details the time allotted not in the office.List the holidays which the office will observe byThe Manual: Office ProceduresNow that the terms of employment have been fully addressed, the procedures for working in your office should beoutlined. This portion of the manual should provide the employee with detailed instruction of how to perform theirduties as well as instruction in performing the duties of someone else if needed.Another aspect of security is the proper disposalof confidential information. Shredding policies fordocuments should be addressed. If your firm employsa disposal company to shred documents for you,placing confidential documents in secure containersuntil it is picked up to be shredded should be stressed.Leaving confidential information in a recycle box to beemptied later could be a liability should someone gainaccess to your office.SecurityBecause a law firm handles confidential information,maintaining security is imperative. Of biggest concerntoday is electronic security for computer systems andfiles. (Please see our handout on “Email, Internet andWireless” in the Risk Management Resources sectionof our website for more information on developingpolicies regarding electronic file policies.)–9–
office procedures manualTo prevent unauthorized access to your office, outlineopening and closing procedures that provide securityfor your staff and your confidential information. Physicalaccess to the office was described in the office structuresection, but reiterate security procedures as part of themaintaining confidentiality process.a uniform image of the office.Maintaining confidentiality is another portion ofrepresenting firm. This requires no watercooler gossipwithin earshot of clients who are visiting the office.Remind employees that they are not allowed to discusscases in front of clients.Representing ClientsEmergency or DisasterHopefully never to be needed, every office needs anemergency and/or disaster plan. Natural disasterssuch as hurricanes or flooding should be addressed,but modern disasters such as server crashes must beincluded as well. Disaster recovery procedures such asrecreating files from server backups and alternate workabilities should the office be inaccessible are crucialelements for disaster recovery.Another portion of emergency planning is theprocedure for an on the job emergency. Describethe procedure for reporting injuries. If the incidentis a worker’s compensation claim, includeinformation regarding proper procedures for notifyingmanagement.Of course the most important function of a law firm isthe representation of clients. This section describes theproper office procedures for engaging and decliningrepresentation. Referring cases to third party lawyersshould be delicately handled, for example, when yourfirm cannot accept a case.The proper use of engagement letters is crucial forestablishing client relationships. Be sure staff know theprocedures for using engagement, non-engagementand dis-engagement letters so that representationsare clearly established from start to finish. Theseletters can greatly reduce the headaches caused bymisunderstandings between clients and attorneys. (Formore information, including sample letters, please seeour “Attorney-Client Relationships” handout in the RiskManagement Resources section of our website.)Representing FirmCommunicationsThis section furthers the basic code of conductoutlined in the personnel policies. Provide instructionregarding the proper way to greet clients and answerthe telephone. While these simple gestures may besecond nature to some, having guidelines will presentTo facilitate good client relations, you need to establishguidelines for proper etiquette and timeliness inresponding to correspondence. This applies to allforms of communication: telephone calls, faxes,“Hopefully never to be needed, every office needs an emergency and/or disaster plan.Natural disasters such as hurricanes or flooding should be addressed, but modern disasterssuch as server crashes must be included as well.– 10 –
RISK MANAGEMENT PRACTICE GUIDE OF LAWYERS MUTUALemails, mail, and personal visits. If the responsibleparty cannot timely respond to the client, designate abackup to respond within the appropriate time frame.The rules established by your office for correspondingwith clients should be relayed to clients with theirengagement letter. Knowing who and when a responsewill be received by will greatly reduce the agitation of aclient, especially if their primary attorney is unavailableat the time.Filing SystemA thorough description of your filing system will ensurethat everyone follows the same procedures for openingand closing files. Begin with opening procedures andthe correct style of labeling a file, including specific fontsand sizes to be completely uniform. Completion of aconflicts of interest check should be included as part ofthe opening procedures as well.Once a file is open and active, file managementprocedures, such as your check out and check insystem, should be described. Include file transferprocedures as well. Any other event that may happento an open and active file should be documented here.practice tipThe Manual: office proceduresDetailed instructions on procedures and duties.These include: Security Emergency or Disaster Representing Firm Representing Clients Communications Filing System Docket Control System Financesprocedures for calendaring that are specific to yourfirm. Include information regarding appropriatebackup calendar maintenance should the primarysystem be unavailable.List events that should be calendared, including followup dates. Determine responsible parties for actions anddesignated backups to ensure activities are completedtimely. (For more information regarding docket control,see our “Calendar and Docket Control” handout in theRisk Management Resources section of our website.)File closing procedures should follow open fileactivities. Include any changes in file labelingassociated with your closed file procedures. Also, noteif you have special filing procedures for completedcases that have outstanding invoices. (See our “FileManagement: Retention and Destruction” handout inthe Risk Management Resources section of our websitefor more information regarding file management andclosing procedures.)FinancesThe final piece of your office procedures descriptionis the financial management portion of casework.Timekeeping procedures should be described soall staff uniformly record activities for clients. Yourmanual should note that duties that should beperformed by administrative staff should not becharged at an hourly rate.Docket Control SystemYour docket control system, or calendaring system,will vary depending on your software. Describe the– 11 –
office procedures manualIncluded a detailed description of your billingstatement and the frequency at which it should be sent.Itemize the information that should be included on thebilling statement and list typical charges and costs thatshould be billed. Having a clear, descriptive billingstatement aids in client satisfaction, so it is importantthat staff understand the importance of this document.Proper documentation for your clients’ trust accountsis crucial for firm management. Trust account theft is aserious State Bar violation, regardless of the amount,so it is imperative to maintain strict proceduresfor writing trust account checks and balancingthe account. (See the “State Bar’s Trust AccountHandbook” for standards regarding trust accounts.)For duties performed by staff, include reimbursementrequirements and petty cash procedures.Reimbursements that are to be charged to a caseshould require receipts regardless of the amount forthe client’s information. Petty cash should be availablefor emergency situations and stored in a securelocation with limited access.The Manual: Stand
An office policies and procedures manual is composed of two distinct sections. The office policies section refers . Access to the office during non-business hours, such as weekends, should include information regarding alarm systems as well as temperature
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