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
Prepare:
- Checklist of questions to ask during the interview to determine appropriate business organization
- Form(s) to gather information elicited from clients
- Checklist of elements to discuss with client on appropriateness of various formats, including:
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
- Articles of incorporation
- Partnership agreement
- Minutes of first meeting of incorporation
- Minutes of first meeting of directors
- Minutes of stockholders' meeting
- Minutes of regular board of directors meeting
- IRS § 1244 plan and shares
- Sub-chapter S corporation
- Appropriate shareholder agreements
- A voting trust agreement
- A registration under blue sky laws
- An asset purchase agreement
- A memorandum on possible violation of bylaws
- Memorandum covering legal and tax aspects of sale and/or purchase of a business, including:
- The contract for sale
- Tax documents
- Securities documents
- The documents appropriate to the liquidation or termination of a business
Be familiar with the publications appropriate for the organization of sole proprietorships, partnerships, limited partnerships, and corporations
Interview client using checklists and forms to determine appropriate business organization
Advise client in writing of appropriate business organization, including alternatives considered and reasons supporting this form of organization
Incorporate a corporation
Dissolve a corporation
Create a partnership
Incorporate a not-for-profit corporation
Attend organization meetings
Advise clients of factors to be considered in purchasing or selling a business, include in the discussion:
- Difference between acquisition of stock and assets by difference entity forms, tax consequences, etc.
- Transfer of assets by corporation and distribution of proceeds to the shareholders, tax consequences
- Transfer of all stock by shareholders to a new enterprise, tax consequences
- Other methods of acquisition
Participate in a preparation of acquisition, merger or consolidation
Participate in preparation of a registered stock issue
Participate in preparation of a periodic report filed with the Securities and Exchange Commission under the Securities Exchange Act of 1934
Participate in the preparation of a proxy statement for a stockholders meeting
Participate in the preparation of a merger agreement to tender offer agreement
Review the documents covering an international business transaction
Participate in a trade regulations meeting
Participate in a labor negotiation
Participate in the handling of a labor dispute
Be familiar with:
- The bulk sales provision of the Uniform Commercial Code and its applications
- Article 9, the secured transaction, and the conditional sale; their use in a commercial transaction
Participate in one or more CLE courses on aspects of business practice not currently a part of your practice
Civil Litigation
Preparation of the various documents:
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
Conduct a client interview
Conduct a deposition
Prepare witnesses for testimony at trial
Prepare witnesses for an appearance before a grand jury
Attend a pre-trial hearing
Argue a document production controversy
Attend an administrative hearing
Try a small claims court case
Try an arbitration case
Participate in a mediation conference
Second chair a trial
Participate in a trial alone
Attend a settlement negotiation
Try a personal injury case
Participate in an equity hearing
Participate in a federal court proceeding
Argue a motion for a new trial or judgment n.o.v.
Participate in a bankruptcy proceeding
Handle a pro bono matter
Represent an indigent defendant in a criminal court with appropriate supervision
Conduct an inter-company investigation
Prepare a memorandum on a litigation ethical problem
Participate in a litigation CLE seminar
Criminal Law
Prepare the following:
- Fee arrangement
- Appearance
- Waiver of arraignment
- Motion to quash or dismiss
- Motion to quash information and discharge defendant
- Motion to suppress and demand for Walker hearing
- Motion to suppress physical evidence
- Motion in limine
- Checklist of questions to be asked client during initial interview
Perform pre-interview information-gathering routine, including:
- Review of all available public records, i.e., complaint, warrant, traffic ticket or summons, prosecutors authorization, accident report, search warrant affidavit, and return
- Where appropriate, review of the court file
- Review of the elements of the offense with which the client is charged and the possible sentence
- Conduct a client interview using the previously prepared checklist:
- 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
- To discuss fees
Conduct the investigation of the case, using:
- Client self-help
- Discovery
- Interviews of police and witnesses
Represent a client at an arraignment
- Prepare a memorandum of the strategy to be used and steps to be taken in representing a client during the balance of the case
- Seek jail release and reduction of bond
- Develop pre-indictment strategies and negotiation with prosecutors
- Represent a client at a preliminary examination
Make the following motions in a criminal case:
- Discovery
- Motion to quash
- Motion to dismiss
- Motion involving special defenses
- Motion for change of venue
- Motion for disqualification of judge
- Motion for joint trial
- Motion for consolidation of charges
- Motion for severance (or separate trials)
- Motion to endorse witnesses
- Motion to suppress evidence
- Motion in limine
- Motion and offer of proof - sex cases
- Where appropriate, prepare and file these pre-trial notices:
Alibi
Insanity
- Negotiate a plea bargain
- Be familiar with the mechanics of a guilty plea or no contest and have understanding of legal differences
- Be aware of the sentencing alternatives
- Be familiar with the mechanics of a criminal trial, including:
Voir dire
Opening statement
Preserving error, including offers of proof and clear articulation, with authorities cited, for any objections
Rules of evidence
Knowledge of Principles of Cross Examination
Motion for Dismissal at Conclusion of Prosecutions Case
Final argument
- Try a criminal case to verdict
- Participate in a probation hearing
- Seek post-conviction relief, including making appeal to the next appropriate court
Family Law
Prepare:
- Client interview checklist
- A complaint
- A summons
- Interrogatory
- List of questions to be asked in oral depositions
- Motion compelling some action
- Final judgement
Conduct a client interview
Cause a temporary restraining order to be issue
Prepare and have issued show cause order
Demonstrate familiarity with:
- Issues of custody
- Child support
- Alimony and use of property and debts
Conduct appropriate discovery
Appear and argue a motion
Negotiate and settle issues involving:
- Property
- Conservatorship and support
- Alimony
- Tax consequence
Try a divorce case
Prepare and secure orders:
- Modifying a judgement
- Enforcing a judgement
- For the protection of the family
- Qualified Domestic Relations Order
Have a guardian and litem appointed
Real Estate
Examine and prepare the following documents, and be familiar with underlying substantive law and local practice:
a. Sales Agreement, including standard contingencies, i.e.,
- purchase financing
- structural and mechanical inspection
- pest inspection
- environmental inspection, e.g., radon gas, lead-based paint, underground-storage tank, soil and water quality; septic tank and drain field
- building code/zoning/historic district compliance (where applicable)
- attorney approval of contract language, title evidence, and survey
- contingency extension and removal forms
- Mandatory Disclosure Statements (where applicable):
- Sellers Disclosure (condition of land, structure, mechanical features; improvements)
- Lead-Based Paint Disclosure and related information booklet (federally-mandated)
- Property transfer affidavits (for governmental assessor/treasurer)
- Title evidence documents:
- Title search or abstract
- Title insurance commitment (American Land Title Association) [owner; mortgage]:
- Exceptions
- Exclusions
- Terms of coverage
- Construction lien affidavit (confirming that no contractor, laborer, or supplier is entitled to place construction lien on property)
- 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)
- Survey (stake or informal mortgage report)
- Documents of title:
- Warranty deed
- Quit claim deed
- Administrators deed (fiduciary or deed C)
- Condominium master deed
- Land contract (installment sale agreement)
- Trust deed (for security, analogous to mortgage)
- Tax deed
- Bill of sale (personal property)
- Liens and other limitations on title (consensual and non-consensual):
- gage and related note or line-of-credit contract (fixed-rate; variable-rate)
- Construction (mechanics lien)
- Tax lien
- Easement and right-of-way
- Private road maintenance agreement
- Condominium/cooperative/homeowners Association by-laws, occupancy rules and regulations; subdivision/municipal building and use restrictions
- sing documents (sale and purchase) [in addition to those described above, and as applicable]:
20. Real Estate tax/association dues pro-ration
- Sellers warranty as to condition of property; disclaimer of warranty; commercial warranty (policy of insurance covering defects in structure and systems of building)
- Discharge of mortgage or lien
- Power-Of-Attorney (with legal description of property)
- 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)
- Lease
- Real estate construction contract
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.
Be familiar with the following elements of real estate practice:
- Purchase and sale agreements
- Residential real estate financing
- Notes and mortgages
- Title examination
- Title insurance
- Zoning and environmental considerations
- Closings
- The sale and/or purchase of a condominium
- Residential landlord and tenant law
- Commercial leasing
- Commercial loan closings
- Foreclosures
Taxation
Personal income taxation
- Prepare:
- Federal income tax return with at least five schedules appropriate to the 1040
- State income tax return
- City income tax return
- A tax opinion
- An analysis of a new set of tax regulations
- An application to the IRS for a ruling
- 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
- Divorce taxation - be familiar with the income tax problems that arise upon separation and divorce
Alimony
- Child support
- Dependency exemption and property settlements
- Opportunities and consideration from income, gift, and estate planning
- Business taxation
Be familiar with the problems in acquiring holdings, and operating, and disposing of a business
Prepare the tax forms appropriate to these real estate transactions
- Real estate taxation
Be familiar with tax aspects of acquiring, holding, operating, and disposing of real estate
Prepare the tax forms appropriate to these transactions
Estate taxation
- Be familiar with the federal and state tax aspects of estate administration
- Prepare the estate and income tax returns involved in the administration of three different-sized estates
- Prepare a gift tax return
- Attend a federal income tax audit
- Attend an adjustment of a state tax claim
- Attend a conference at the Appeals Office of the IRS
- Attend one or more client interviews
Present a tax paper on a corporate tax problems
Participate in a meeting where a firm tax lawyer discusses a substantive problem with a client
Prove, through a research project, a familiarity with:
Either CCH or Prentice Hall Tax Service
Either Lexis or Westlaw as a research tool in tax practice
- Participate in a CLE seminar on tax law
Will Drafting and Estate Planning
Prepare:
- Checklist of questions to be asked during initial client interview
- Checklist of documents to be secured from client for examination
- Form for gathering information solicited
- Post-client interview memorandum
- Estate plan to be submitted to client, including discussion of tax aspects of various alternative means of distribution
- An outright distribution will (may also be known as "simple will"), including provisions for:
- Specific bequests to beneficiaries
- Contingent trusts for minor beneficiaries
- Staggered distribution for trusts to beneficiaries
- Executor (to serve without bond)
- Trustee
- Guardian
- Letter of instruction
- Affidavit of execution
- Estate plan outline and tax computation after initial interview
- Outline to include discussion of use of living trusts to avoid probate
- Outline to include discussion of life insurance available to provide liquidity to pay estate taxes
- An estate plan, to include:
- Pour-over will
- Revocable Living Trust
- Credit shelter trust
- Marital deduction (QTIP) trust
- Life Insurance trust and pour-over will
- A charitable remainder trust or charitable lead trust
- A memorandum of law or a brief in a problem related to estate planning
- A memorandum on an ethical problem associated with estate planning
Conduct an interview with a client
Examine:
- Existing will and trusts
- Life insurance policies
- Pension and/or profit sharing agreements, and IRAs
- Conduct a second interview, and review the drafted documents with the client
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
Participate in a CLE course on relevant aspects of estate planning
Assist in a firm sponsored seminar on estate planning for client
ABA Members Take Advantage of Your Membership
and Save up to 66% When You Search
for Jobs Using the Specialized Postings of the Latest Legal
Opportunities On
|
|