CHAPTER ONE
INTRODUCTION
1.1 Background of the study
The law itself has a very broad concept and is conceived differently by various schools of thought. For example, the naturalists consider law differently from how the positivists consider it. Also, the perception of law by the historical school of thought differs from that of the realist, the philosophical school of thought, the Marxist theory, the analytical school of thought etc.
These various theories will also reveal that there is no definite answer to the question of what the law is. However, one fundamental issue to be deducted from the various theories is that they are bent on ensuring that there is legal order and the application of the administration of justice in an organized society.
The law is dissected into many different branches, such as property, tort, contract, criminal etc. but for all this to be effectively carried out by legal practitioners, there is need for a definite setting to ensure that there is continuity thus the concept of law office, and its management. No lawyer can just practice on the street, or in the court room, or his parlour, so anything said as to the presentation of the concept of law office, and its management cannot be overemphasized as the law office is in fact an abode for legal practitioners.
The management of law office/firms refers to its proper running and Organization. Intelligent management of law firm plays a significant role in the success. Concentration to areas of personnel, financial, client and information management in law offices ensure effective management. Finding and keeping excellent personnel meticulous financial transaction, delivering superlative client services and ensuring continuing development of the office are important steps to efficient law office management.
A law officer makes decisions, and any law office that has a strong financial management policy will be able to ensure that all its expenses are properly met and that none of its important works suffers due to paucity of funds. Clients’ management by the law office ensures a cordial relationship with clients ensuring adequate communication with them and makes them aware that they have entered business fiduciary relationship with the office.
Finally, this research work will definitely take time and money but its necessary to buttress on this particular topic even up to the extent of carrying out practical for the benefit of both law students and non-law students who come across this write up and also the law office practically set up, to ensure that people get to know what a law office is supposed to be like and how it is to be managed
1.2 OBJECTIVE OF THE STUDY
This research work aims at carefully expatiating the concept and the practicality of law office management with a foresight of ensuring that those who come across this work will feel its importance and aspire to uphold its principles and practices for better success in academics, career and other aspects of life, also to find out possible ways of preventing mismanagement in law offices.
Specifically, the objectives of the study are as follows;
1. Giving the conceptual framework of what the law office is all about
2. Practically analyzing the general structure of a law office.
3. Analyzing the role of paralegals in the law office.
4. Explaining the fact that the legal profession is not just professional but moral.
5. And also to find out possible ways of preventing mismanagement in the law office.
1.3 SIGNIFICANCE OF STUDY
This study will not only be significant to students of law, but also to non-law students, and anyone who come across this work to keep them properly informed about the principles and procedures of setting up and managing a law office to ensure its progress and continuity. All these can be achieved through effective awareness {as created in this work} and management education. Lastly this study will contribute to the existing body of knowledge as well as provoke further research interest in the area of law and management.
1.4 RESEARCH QUESTION
1) What do both law students and non-students alike understand by the term law office management?
2) What are the principles, procedures and practices that guarantee the successful setting up and management of law office?
3) What are the benefits of law office management?
4) What are the detriments of poor management of a law office via negligence?
1.5 SCOPE OF STUDY
This research is meant to cover the legal practicing law firm, and how it is being set up for. This study does not relate to offices for chief justice’ neither does it relates to the setting of any other type of office. The practical is carried out in Yahaya Hamza Institute of Technology for a closer understanding of the concept of this research to avoid ambiguity
1.6 STATEMENT OF PROBLEM
As earlier stated, the law office is the core for every legal practitioner, but despite this fact, most legal practitioners find it difficult to properly set up or manage the law office. Most legal practitioners also lack technological-knowledge with respect to the use of modern day computer to run the law office.
1.7 DEFINITION OF TERMS
· LAW- the legal dictionary defines law as “a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority.”
· OFFICE- according to Wikipedia, “an office is generally a room or other area where administrative work is done, but may also denote the position within an organization with specific duty attached to it.”
· MANAGEMENT- it is the administration of an organization, whether it be a business, a not-for-profit organization or government board.
· PUPILAGE-according to the Black’s Law Dictionary 6th Edition Centennial Edition the following definition of the word Pupillus appears simply as: “a person under the authority of tutor”
· CONFIDENTIALITY-it is the ethical duty of a lawyer not to affirmatively disclose information related to the representation of the client.
· CONFLICT OF INTEREST. According to Wikipedia “ it is a situation in which a person or organization is involved in multiple interest, financial or otherwise, one of which could possibly corrupt the motivation or decision making of that individual or organization”
· PARALEGAL. The American Bar Association (ABA) defines paralegals or legal assistants as persons qualified by education, training or work experience who are employed or retained by a layer or law office, corporation, governmental agency or other entity who perform specific designated substantive legal work for which a lawyer is responsible.
· CLIENT- according to Black’s law dictionary, a client is a person who employs or retains an attorney, or counselor, to appear for him in court, advise, assist, and defend him in legal proceedings, and to act on his behalf in any legal business.
· VIOR DIRE-as gotten from French meaning “ see to speak” is defined by the legal dictionary as the questioning of prospective jurors by a judge and attorney in court. Miriam Webster dictionary defines is as a preliminary examination to determine the competency of a witness or juror.
· WHEREWITHAL-the money or other means needed for a particular purpose.
· SAVANT– (French for “knowing, from French savoir “to know”) Merriam Webster dictionary define savant as a person who knows a lot about a particular subject.
· FILIBUSTER- according to Wikipedia, a filibuster is a preliminary procedure where debate over a proposed piece of legislation is extended allowing one or more member to delay or entirely prevent a vote on the proposal.
· FULCRUM- A thing plays a central or essential role in an activity, event or situation.
· JETTISSONED- Miriam Webster dictionary defined it as a the process of getting rid of superfluous or encumbering; omit or forego s part of a plan or as the result of some decision.
PRINCIPLES AND PROCEDURES OF SETTING UP AND MANAGING A LAW OFFICE TO ENSURE ITS PROGRESS AND CONTINUITY
