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The following is an excerpt from The Effective Associate Training Program: Improving Firm Performance, Profitability and Prospective Partners by Austin G. Anderson and Arthur G. Greene and provides guidance as to what an associate should be doing based on their area of concentration. Click on the area you are interested in.


Associates must be involved in "learning by doing" in order to develop competence in substantive areas. To insure that associates are gaining experience in substantive areas, partners must first create a list of tasks that associates must complete to master the specialty. Each task must be accompanied by a time frame in which the task must be completed. The associate's mentor, the training partner of a department/section or the professional personnel partner is responsible for insuring the associate is completing the tasks on the list. The partner for whom the assignment was performed is responsible for reviewing the completed assignment, then noting it on the associate's task list. The list is also reviewed by the associate evaluation group during the periodic associate evaluation process, giving the associate an incentive to remain actively involved in pursuing progressive professional development.

Below are lists of tasks that should be considered for inclusion in the Tasks Performed Lists for the following legal specialties:

 

 

Business Practice

  1. Prepare:
    1. Checklist of questions to ask during the interview to determine appropriate business organization
    2. Form(s) to gather information elicited from clients
    3. Checklist of elements to discuss with client on appropriateness of various formats, including:
    4. Parties
      Perpetual existence
      Control consideration
      Liability of investor
      Formal requirement of organization
      Taxes, fees, and costs
      Transferability of interests
      Profits and salary
      Pension, profit sharing, working compensation, and group insurance, etc.
      Financing consideration, if any
      Securities and blue sky considerations
    5. Articles of incorporation
    6. Partnership agreement
    7. Minutes of first meeting of incorporation
    8. Minutes of first meeting of directors
    9. Minutes of stockholders' meeting
    10. Minutes of regular board of directors meeting
    11. IRS § 1244 plan and shares
    12. Sub-chapter S corporation
    13. Appropriate shareholder agreements
    14. A voting trust agreement
    15. A registration under blue sky laws
    16. An asset purchase agreement
    17. A memorandum on possible violation of bylaws
    18. Memorandum covering legal and tax aspects of sale and/or purchase of a business, including:
      1. The contract for sale
      2. Tax documents
      3. Securities documents
      1. The documents appropriate to the liquidation or termination of a business
    1. Be familiar with the publications appropriate for the organization of sole proprietorships, partnerships, limited partnerships, and corporations
    2. Interview client using checklists and forms to determine appropriate business organization
    3. Advise client in writing of appropriate business organization, including alternatives considered and reasons supporting this form of organization
    4. Incorporate a corporation
    5. Dissolve a corporation
    6. Create a partnership
    7. Incorporate a not-for-profit corporation
    8. Attend organization meetings
    9. Advise clients of factors to be considered in purchasing or selling a business, include in the discussion:
      1. Difference between acquisition of stock and assets by difference entity forms, tax consequences, etc.
      2. Transfer of assets by corporation and distribution of proceeds to the shareholders, tax consequences
      3. Transfer of all stock by shareholders to a new enterprise, tax consequences
      4. Other methods of acquisition
    1. Participate in a preparation of acquisition, merger or consolidation
    2. Participate in preparation of a registered stock issue
    3. Participate in preparation of a periodic report filed with the Securities and Exchange Commission under the Securities Exchange Act of 1934
    4. Participate in the preparation of a proxy statement for a stockholders meeting
    5. Participate in the preparation of a merger agreement to tender offer agreement
    6. Review the documents covering an international business transaction
    7. Participate in a trade regulations meeting
    8. Participate in a labor negotiation
    9. Participate in the handling of a labor dispute
    10. Be familiar with:
      1. The bulk sales provision of the Uniform Commercial Code and its applications
      2. Article 9, the secured transaction, and the conditional sale; their use in a commercial transaction
    1. Participate in one or more CLE courses on aspects of business practice not currently a part of your practice

     

     

     

    Civil Litigation

    1. Preparation of the various documents:
    2. List of questions to be asked of client concerning the case
      A simple complaint
      A multiparty pleading
      An answer to a complaint
      A set of interrogatories
      Answers to interrogatories
      A motion to dismiss
      A motion raising jurisdictional issues
      A request for production of documents
      A trial brief
      An appellate brief
      An appeal to an appellate court
      A trial notebook
      A memorandum outlining settlement strategy
      A plan for an interview with a client
      A plan for a major personal injury investigation
      A pre-mediation statement
      Correspondence to a Rule 35 medical examiner
      A motion to compel discovery
      A written submission to an arbitration panel
      A response to a request for production
      A request for admissions
      An answer to a request for admissions
    3. Conduct a client interview
    4. Conduct a deposition
    5. Prepare witnesses for testimony at trial
    1. Prepare witnesses for an appearance before a grand jury
    2. Attend a pre-trial hearing
    3. Argue a document production controversy
    4. Attend an administrative hearing
    5. Try a small claims court case
    6. Try an arbitration case
    7. Participate in a mediation conference
    8. Second chair a trial
    9. Participate in a trial alone
    10. Attend a settlement negotiation
    11. Try a personal injury case
    12. Participate in an equity hearing
    13. Participate in a federal court proceeding
    14. Argue a motion for a new trial or judgment n.o.v.
    15. Participate in a bankruptcy proceeding
    16. Handle a pro bono matter
    17. Represent an indigent defendant in a criminal court with appropriate supervision
    18. Conduct an inter-company investigation
    19. Prepare a memorandum on a litigation ethical problem
    20. Participate in a litigation CLE seminar

    Criminal Law

    1. Prepare the following:
      1. Fee arrangement
      2. Appearance
      3. Waiver of arraignment
      4. Motion to quash or dismiss
      5. Motion to quash information and discharge defendant
      6. Motion to suppress and demand for Walker hearing
      7. Motion to suppress physical evidence
      8. Motion in limine
      9. Checklist of questions to be asked client during initial interview
    1. Perform pre-interview information-gathering routine, including:
      1. Review of all available public records, i.e., complaint, warrant, traffic ticket or summons, prosecutors authorization, accident report, search warrant affidavit, and return
      2. Where appropriate, review of the court file
      3. Review of the elements of the offense with which the client is charged and the possible sentence
    1. Conduct a client interview using the previously prepared checklist:
      1. To obtain as much information as possible, i.e., name, age, address, employment, Social Security number, marital status, organization memberships, all other relevant information, facts of the offense, addresses of witnesses, incidents at the police station and details, such as whether client took a polygraph, special defenses, or psychiatric problems
      2. To discuss fees
    1. Conduct the investigation of the case, using:
      1. Client self-help
      2. Discovery
      3. Interviews of police and witnesses
    1. Represent a client at an arraignment
    1. Prepare a memorandum of the strategy to be used and steps to be taken in representing a client during the balance of the case
    2. Seek jail release and reduction of bond
    3. Develop pre-indictment strategies and negotiation with prosecutors
    4. Represent a client at a preliminary examination
    5. Make the following motions in a criminal case:
      1. Discovery
      2. Motion to quash
      3. Motion to dismiss
      4. Motion involving special defenses
      5. Motion for change of venue
      6. Motion for disqualification of judge
      7. Motion for joint trial
      8. Motion for consolidation of charges
      9. Motion for severance (or separate trials)
      10. Motion to endorse witnesses
      11. Motion to suppress evidence
      12. Motion in limine
      13. Motion and offer of proof - sex cases
    1. Where appropriate, prepare and file these pre-trial notices:
      1. Alibi
    1. Insanity
    1. Negotiate a plea bargain
    2. Be familiar with the mechanics of a guilty plea or no contest and have understanding of legal differences
    3. Be aware of the sentencing alternatives
    4. Be familiar with the mechanics of a criminal trial, including:
      1. Voir dire
      2. Opening statement
      3. Preserving error, including offers of proof and clear articulation, with authorities cited, for any objections
      4. Rules of evidence
      5. Knowledge of Principles of Cross Examination
      6. Motion for Dismissal at Conclusion of Prosecutions Case
      7. Final argument
    1. Try a criminal case to verdict
    2. Participate in a probation hearing
    3. Seek post-conviction relief, including making appeal to the next appropriate court

     

    Family Law

    1. Prepare:
      1. Client interview checklist
      2. A complaint
      3. A summons
      4. Interrogatory
      5. List of questions to be asked in oral depositions
      6. Motion compelling some action
      7. Final judgement
    1. Conduct a client interview
    2. Cause a temporary restraining order to be issue
    3. Prepare and have issued show cause order
    4. Demonstrate familiarity with:
      1. Issues of custody
      2. Child support
      3. Alimony and use of property and debts
    1. Conduct appropriate discovery
    2. Appear and argue a motion
    3. Negotiate and settle issues involving:
      1. Property
      2. Conservatorship and support
      3. Alimony
      4. Tax consequence
    1. Try a divorce case
    2. Prepare and secure orders:
      1. Modifying a judgement
      2. Enforcing a judgement
      3. For the protection of the family
      4. Qualified Domestic Relations Order
    1. Have a guardian and litem appointed
    2. Real Estate

    3. Examine and prepare the following documents, and be familiar with underlying substantive law and local practice:

    a. Sales Agreement, including standard contingencies, i.e.,

      1. purchase financing
      2. structural and mechanical inspection
      3. pest inspection
      4. environmental inspection, e.g., radon gas, lead-based paint, underground-storage tank, soil and water quality; septic tank and drain field
      5. building code/zoning/historic district compliance (where applicable)
      6. attorney approval of contract language, title evidence, and survey
      7. contingency extension and removal forms
      1. Mandatory Disclosure Statements (where applicable):
      1. Sellers Disclosure (condition of land, structure, mechanical features; improvements)
      2. Lead-Based Paint Disclosure and related information booklet (federally-mandated)
      3. Property transfer affidavits (for governmental assessor/treasurer)
      1. Title evidence documents:
      1. Title search or abstract
      2. Title insurance commitment (American Land Title Association) [owner; mortgage]:
      1. Exceptions
      2. Exclusions
      3. Terms of coverage
      1. Construction lien affidavit (confirming that no contractor, laborer, or supplier is entitled to place construction lien on property)
      2. Extended coverage questionnaire (disclosing unrecorded deeds, liens, easements and rights-of-way, leases and rights of parties in possession; bankruptcy filings of owner or party in possession; notice of present or future assessments)
      3. Survey (stake or informal mortgage report)
      1. Documents of title:
      1. Warranty deed
      2. Quit claim deed
      3. Administrators deed (fiduciary or deed C)
      4. Condominium master deed
      5. Land contract (installment sale agreement)
      6. Trust deed (for security, analogous to mortgage)
      7. Tax deed
      8. Bill of sale (personal property)
      1. Liens and other limitations on title (consensual and non-consensual):
      1. gage and related note or line-of-credit contract (fixed-rate; variable-rate)
      2. Construction (mechanics lien)
      3. Tax lien
      4. Easement and right-of-way
      5. Private road maintenance agreement
      6. Condominium/cooperative/homeowners Association by-laws, occupancy rules and regulations; subdivision/municipal building and use restrictions
      1. sing documents (sale and purchase) [in addition to those described above, and as applicable]:

    20. Real Estate tax/association dues pro-ration

      1. Sellers warranty as to condition of property; disclaimer of warranty; commercial warranty (policy of insurance covering defects in structure and systems of building)
      2. Discharge of mortgage or lien
      3. Power-Of-Attorney (with legal description of property)
      1. Escrow agreement (utility charges; post-closing repairs; deed for installment sale contract)

    25. Title insurance policy

    26. Closing statement (Seller; Purchaser)

    27. Uniform settlement Statement (HUD-1)

    28. Internal Revenue Service Form 1099-S (disclosure of sales proceeds to Seller)

    29. Occupancy agreement (Seller to remain in possession briefly following closing)

      1. Lease
      1. Real estate construction contract
      1. Bar associations (especially real property interest sections), trade associations, private training program vendors, and publishers offer readily available, moderately-priced lectures, video presentations, and training handbooks on these and related topics addressed both to the novice and the sophisticated real estate practitioner. Training related to document drafting, tax aspects, and environmental issues is encouraged, as is affiliate membership in the local Board of Realtors.
    1. Be familiar with the following elements of real estate practice:
      1. Purchase and sale agreements
      2. Residential real estate financing
      3. Notes and mortgages
      4. Title examination
      5. Title insurance
      6. Zoning and environmental considerations
      7. Closings
      8. The sale and/or purchase of a condominium
      9. Residential landlord and tenant law
      10. Commercial leasing
      11. Commercial loan closings
      12. Foreclosures

     

     

    Taxation

    1. Personal income taxation
      1. Prepare:
      1. Federal income tax return with at least five schedules appropriate to the 1040
      2. State income tax return
      3. City income tax return
      4. A tax opinion
      5. An analysis of a new set of tax regulations
      6. An application to the IRS for a ruling
      7. A memorandum in an ethical problem associated with tax practice

    b. Be familiar with the similarities in, and the differences between, the state and federal tax returns

    1. Divorce taxation - be familiar with the income tax problems that arise upon separation and divorce
      1. Alimony
      1. Child support
      2. Dependency exemption and property settlements
      3. Opportunities and consideration from income, gift, and estate planning
    1. Business taxation
      1. Be familiar with the problems in acquiring holdings, and operating, and disposing of a business
      2. Prepare the tax forms appropriate to these real estate transactions
    1. Real estate taxation
      1. Be familiar with tax aspects of acquiring, holding, operating, and disposing of real estate
      2. Prepare the tax forms appropriate to these transactions
    1. Estate taxation
      1. Be familiar with the federal and state tax aspects of estate administration
      2. Prepare the estate and income tax returns involved in the administration of three different-sized estates
      3. Prepare a gift tax return
    1. Attend a federal income tax audit
    2. Attend an adjustment of a state tax claim
    3. Attend a conference at the Appeals Office of the IRS
    4. Attend one or more client interviews
    5. Present a tax paper on a corporate tax problems
    6. Participate in a meeting where a firm tax lawyer discusses a substantive problem with a client
    7. Prove, through a research project, a familiarity with:
      1. Either CCH or Prentice Hall Tax Service
      2. Either Lexis or Westlaw as a research tool in tax practice
    1. Participate in a CLE seminar on tax law

     

    Will Drafting and Estate Planning

    1. Prepare:
      1. Checklist of questions to be asked during initial client interview
      2. Checklist of documents to be secured from client for examination
      3. Form for gathering information solicited
      4. Post-client interview memorandum
      5. Estate plan to be submitted to client, including discussion of tax aspects of various alternative means of distribution
      6. An outright distribution will (may also be known as "simple will"), including provisions for:
      1. Specific bequests to beneficiaries
      2. Contingent trusts for minor beneficiaries
      3. Staggered distribution for trusts to beneficiaries
      4. Executor (to serve without bond)
      5. Trustee
      6. Guardian
      7. Letter of instruction
      8. Affidavit of execution
      1. Estate plan outline and tax computation after initial interview
      1. Outline to include discussion of use of living trusts to avoid probate
    1. Outline to include discussion of life insurance available to provide liquidity to pay estate taxes
      1. An estate plan, to include:
      1. Pour-over will
      2. Revocable Living Trust
      1. Credit shelter trust
      2. Marital deduction (QTIP) trust
      1. Life Insurance trust and pour-over will
      2. A charitable remainder trust or charitable lead trust
      3. A memorandum of law or a brief in a problem related to estate planning
      4. A memorandum on an ethical problem associated with estate planning
    1. Conduct an interview with a client
    2. Examine:
      1. Existing will and trusts
      2. Life insurance policies
      3. Pension and/or profit sharing agreements, and IRAs
    1. Conduct a second interview, and review the drafted documents with the client
    2. Conduct a third meeting with the client to review and have documents signed and witnessed, including appropriate funding documents if revocable living trust is used
    3. Participate in a CLE course on relevant aspects of estate planning
    4. Assist in a firm sponsored seminar on estate planning for client

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