New Zealand Law Society - How-to guides
Four handy how-to guides for tasks you may need to do when you first start work
Starting a file for a new legal client is a crucial step in the lawyer/client relationship. It is crucial that you consult your senior colleagues or supervising partner to ensure that you do this correctly.
The first step is the initial client meeting. During this meeting, you and the client establish your lawyer/client relationship and discuss the client's legal needs.
Key objectives of this meeting include:
After the initial meeting, formalise your relationship with an engagement agreement (also known as a client care letter). This document outlines the terms of representation including the scope of legal services, fees and expectations. Both parties need to understand and agree to the terms before proceeding.
Conduct a thorough conflict check. Search the firm's records for conflicts of interest that could compromise your ability to represent the client.
Gather all relevant documents including legal contracts, correspondence, court documents and any other records related to the client's case.
Organise documents and information in a systematic way, using folders or digital tools.
Develop a case strategy including the legal options, potential risks and the client's objectives. It's crucial to ensure that the client is informed and has realistic expectations about the legal process.
Regularly review and update the file as the case progresses and maintain open communication with the client.
Every workplace has different professional work processes. Check in with senior colleagues and your supervising partner to make sure you know them.
Firms use case management systems to streamline workflows and to help lawyers track deadlines, appointments, court dates and client interactions.
Lawyers, legal executives and administrative staff must collaborate to deliver comprehensive legal services to clients. Collaboration not only increases the quality of legal work, but also enhances client satisfaction.
Maintaining open and transparent communication with clients is vital. Regular updates, progress reports and explaining legal processes in plain language are essential. Lawyers must also be responsive to clients' questions and concerns.
Adherence to legal ethics and compliance with all applicable laws and regulations is paramount. Lawyers must maintain client confidentiality and avoid conflicts of interest.
Proper document management minimises the risk of document loss, misplacement or unauthorised access, and safeguards sensitive client information.
Time recording
- If you’re working in a law firm, you will need to record the time you spend on tasks.
- Keeping a record of your time helps:
- you bill clients accurately, and
- firms to manage their money wisely.
- It’s also a way to figure out how well you're doing your job.
- It's part of being a good lawyer and keeping the profession's good reputation.
You can expect to be asked to help clients to swear/affirm affidavits and make statutory declarations.
An affidavit is like a promise in writing. When someone makes an affidavit they're saying that everything written in it is true, and they promise it on oath. Affidavits are often used in court cases and other serious legal matters.
When a lawyer administers an oath for an affidavit they typically use a specific set of words to guide the affiant through the process. The lawyer's role is to ensure that the affiant's declaration is made sincerely and accurately, with a clear understanding of the gravity of the statement they are making.
A statutory declaration is like a sworn statement. It's also about promising that something is true, but it's used for less serious matters. For example, you might use a statutory declaration to confirm your identity, declare that you qualify for certain benefits or to state some facts for things like government paperwork. You don't need a lawyer to do this; a Justice of the Peace or another authorised person can help you with it.