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Undertakings arise in almost every area of the practice of law. In general, there are two types of undertakings: C. The first is an undertaking for which the granti ng lawyer is personally liable to fulfill. This type of undertaking is the most common. C. The second type of undertaking is one which a lawyer does not accept as a personal liability,
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To ensure proper file management, lawyers must: Store and retrieve key client information efficiently. Maintain client confidentiality. Open and maintain active client files. Check for conflicts and limitation periods. Close, retain, and dispose of closed files appropriately.
Sep 17, 2024 · It’s time to truly organize your legal files. Many law firms struggle to implement and then maintain a filing system for the incredible amount of documents and files they generate each day. Luckily, there’s a better way.
- CEO
- Uptime Legal Systems
- Personal Promise Or Responsibility
- Clear, Unambiguous and Time-Bound
- Provided Or Confirmed in Writing
- Enforcement and Discipline
Unless clearly qualified, a licensee’s undertaking is a personal promise and responsibility. Using the phrase “on behalf of my client” does not, in itself, release the licensee from the obligation to honour it. If a licensee does not intend to take personal responsibility, this should be clearly stated in the undertaking or promise provided. Likewi...
Undertakings and trust conditions should be clear, unambiguous, and explicit and should state the time within which the undertakings must be fulfilled or the conditions met. Depending on the circumstances, it may be appropriate to include contingencies (e.g., if the obligations in the undertaking rely on certain events occurring, the licensee shoul...
Paralegals are required to give undertakings in writing or confirm undertakings in writing as soon as practicable after giving them. While there is no similar requirement for lawyers, to help manage and mitigate risk lawyers should alsoprovide or confirm undertakings in writing. Trust conditions should also be imposed and accepted in writing and co...
A court or a tribunal may enforce a licensee's undertaking, trust condition or other practice-related promise. The licensee may be brought before a court or tribunal to explain why the undertaking, trust condition or other practice-related promise was breached. The court or tribunal may also order the licensee to take steps to satisfy the undertaki...
All law firms, wherever they may fall on the process improvement continuum, will benefit from learning about the use of Lean and Six Sigma in a legal context.
Jul 9, 2024 · In this post, we’ll cover the key points you need to know to organize your files successfully. We’ll review the essentials of the best legal filing systems—like why you need a structured system, what makes a law firm filing system effective, and how a paperless legal filing system can help your firm level up (while making your life easier).
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The Law Society has developed a File opening worksheet (“Worksheet”) to provide lawyers and paralegals with a framework for streamlining the file opening process. Licensees are encouraged to review the information below to understand how this resource can be used to optimize file management.
