MODULE 6 - Legal Office Procedure

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 10
At a glance
Powered by AI
The document outlines the basic skills like typing, spelling, grammar and shorthand that are required for a role as a legal office assistant or secretary. It also discusses developing proficiency in legal terminology.

The document states that excellent typing skills, spelling abilities, vocabulary and grammar are required. Shorthand skills are also important for transcription. Even without shorthand, good keyboarding and English skills are sufficient.

The document mentions that if shorthand skills are acquired, dictation can be taken using stenography. However, some lawyers may use tape recorders. Drafting should be neat and legible for the attorney to review.

MODULE 6

HANDLING DICTATION AND TRANSCRIPTION


BASIC SKILLS REQUIRED
-

Even before you start your training to become a legal office assistant or as
legal secretary, you will already have many of the basic skills essential to
succeed on the job are:
o You must be an excellent typist or encoder of data on the computer.
This means you should not only be fast but very accurate.
o Many law firms will not employ legal office manager, assistants or legal
secretaries who cannot demonstrate their outstanding typing or
keyboarding and computer skills by passing a qualifying test.
o You must also be able to spell commonly used words correctly, have a
good vocabulary, and have a mastery of grammar and excellent use of
punctuation.
o You are also expected to be able to take shorthand rapidly and
transcribe attractively and accurately into malleable letters and
manuscripts.
o But even though you may not have skills in shorthand, machine
dictation if you have a good keyboarding and English skills.
Once you have these basic skills, you can begin to learn the particularly legal
office procedures that relates to preparing letters and documents, the
language of the law, and specialied procedures for handling legal documents.

YOU SHOULD HAVE BASIC KNOW-HOW ON LEGAL TERMINOLOGY


-

Refer to the GLOSSARY at the end of Module 10 for some frequently used
legal terminologies.
It is important to recognize that the language of legal documents is
traditional and has taken on a special meaning through interpretation and
definition in the courts.
You may find many words and phrases that are difficult to understand
because you have not heard the used in the particular context before.
At first, they will seem strange and awkward to you.
Soon, however, the language of the law will come to have a meaning and
rhythm that is familiar and satisfying; words that once seemed strange and
difficult will become easy and natural for you to use.
At present, there is a growing trend towards the simplification of legal
terminology. But there are varying attitudes towards the language of the law
from one office to another and from one attorney to another.
Some lawyers prefer short documents and simple language; others prefer the
traditional phrases. In either case, you will quick learn the preference of the
attorney you work for.

If you are to use your shorthand skill in your role as a legal office assistant,
you must continually work to develop skill in writing legal terms that occur
frequently in dictation.
They are recommended outlines and shortcuts for many of these, but you
may prefer to develop your own abbreviations.
When you have a few spare moments, you should practice these outlines
until they become easy and natural for you.
The law makes use of many Latin expressions.
o However, it is not necessary to know Latin in order to deal with these
terms, but you are expected to spell them out accurately when used in
the legal document.
o You must become proficient in writing them in shorthand, spelling them
correctly, understanding their usage, and knowing when they must be
understood.
o Some of these Latin expressions are used to frequently that they are
no longer considered foreign.
o Consequently, when they appear in typed or computerized documents,
they are not underscored; and when they appear in print, they are not
italicized.
On the other hand, certain expressions of words and shorthand outlines,
spelling, and underscoring of words and phrases nay be new to you. You may
include a brief definition or a synonym, which is familiar to you for each.
Even if you do not plan to use shorthand, you may still find it helpful to
develop a notebook into which you enter the correct spelling, underscoring,
and definitions of new words and phrases you encounter.
This will be a handy reference guide if you are transcribing machine dictation
and will provide you with material you can review and study when you have
time.

TECHNIQUE WHEN TAKING LEGAL DICTATION


1. If you have acquired the shorthand skill, you may take dictation using your
knowledge of stenography.
2. However, there are some lawyers who would use the tape recorder for their
dictation to be transcribed by the legal office assistant on the typewriter or
on the computer.
3. Still another modern procedure is for the lawyer-boss to encode direct on the
computer, which is connected to the computer of the legal office assistant by
way of Local Area Network (LAN) connection. The lawyer will just give
instruction to the legal office assistant now many copies will be reproduced
by giving the file name and the folder name to be opened on the computer to
retrieve the document for printing.
- The legal office assistant or legal secretary is much more than a typist or a
data encoder and transcribe.
- Yet a high proportion of her time in the office is sent preparing legal papers of
various kinds

Many lawyers consider transcribing dictation the most important skill their
secretaries should have. Excellent stenographic skill is indeed very important.
If you take shorthand, you must be able to take dictation at high speed and
read your notes with ease.
It is not necessary, however, to have shorthand skill in order to be a good
legal secretary . Many lawyers use machines for all dictations; others, only for
lengthy and complicated documents.
Dictation machines are especially useful because when secretaries are busy
with other tasks, attorneys find it expedient to dictate into a machine.
Even when one is skilled in taking dictation in shorthand you will be expected
at times to transcribe from machine dictation.

IF YOU ARE TAKING DICTATION USING YOUR SHORTHAND SKILL


-

Your shorthand skill will be put into good practice when you work in a law
office.
Taking dictation in school applies to taking legal dictation as well.
You must always be prepared with notebooks and a reliable pens that write
smoothly,either blue or black and red pencils, and other materials, such as:
o A notebook with a rubber band making the next fresh page should be
kept in one specific place in your desk. The pens may be attached to
the notebook with the rubber band or kept in another place where you
can reach them quickly when you are called for dictation.
Be sure to have more than one pen or several pencils.
The red pen or pencils is useful for noting special instruction.
Most legal office assistants or legal secretaries date their notebooks at the
beginning of each day by entering the date, preferably in red, at the bottom
of the first page dictation for that date.
This makes it easy to check on previous dictation by simply riffling through
the notebook to find the date you want.
You should devise your own system for making insertions of materials and
corrections.
o If your lawyer frequently makes changes as he or she dictates, you
may decide to use only one column in your notebook for dictation and
reserve the other side for corrections and insertions.
Generally, lawyers are good at dictation because they are accustomed to
thinking precisely as they must do when they speak in court.

BE FAMILIAR WITH THE LAWYERS DICTATION STYLES


-

The lawyers dictation habits vary, naturally. Some dictate every punctuation
mark, every paragraph, and all instructions; other rely on their secretaries to
provide punctuation, correct capitalization, paragraphing and proper format.
You should quickly assess the attitude of your boss in dictating. Does he
object to interruptons? If so, hold your questions until he has finished.
Does he appreciate your raising questions or pointing out what you believe
may be inconsistencies? If so, listen carefully as he dictates so that you can

ask questions or point something out to him at the conclusion of the


dictation.
Does he want you to make minor corrections if you now there is an error in
the dictation? If not, question him about what you are thinking may be an
error before you prepare a final document.

TECHNIQUES WHEN TAKING DICTATION USING A MACHINE OR TAPE RECORDER


-

If you are going to transcribe from machine dictation, you must, of course,
become familiar with the dictation machine
A transcribing machine consist of three basic elements (1) the machine itself
with on-off controls and controls for fast forward and rewind, (2) a
listening device with a small sound receiver to be placed close to your ear;
and (3) a button to allow you to advance the dictation or to rewind it to be
abler to hear it repeated.
Before you can become adept at transcribing from machine dictation, you
must know how to operate this device and study all the adjustment button for
proper control and operation.
And you must become skilful in the coordination of listening-typing or
encoding on the computer. At first you will listen then type or encode using
the computer.
As you gain confidence, you will find that you can listen and type a the same
time.
Dictation machines may vary to some extent. But they all function so as to
provide the basic services needed to permit a secretary to produce perfectly
transcribed copies of the dictation.
The dictation machine or the tape recorder allows the user to adjust the
sound, in both tone and volume
Some permit an adjustment of the speed so that you can slow down or speed
up what you hear.
If you have not used dictation equipment before, you should ask for simple
introductory manual and then practice on your own time until you feel
comfortable with the use of the dictation machine.
Learn as many office machines as you can to be an effective legal office
assistant. The operation of the dictation machine is one of those machines
you should learn to operate if you will work in a legal office.

TRANSCRIPTION TECHNIQUES USING THE MACHINE DICTATION


-

Transcribing from machine dictation requires careful planning and


organization of space in and out on your desk.
You must store your transcribe in an appropriate place when it is not use.
The headset and dictation machine should be kept where they are readily
accessible so that you can set up for transcription with a minimum of lost
time.
If space allows, this equipment may remain set up all time on a roll-way
stand.

When the equipment is in use, it should be placed so that you feel


comfortable and relaxed as it is in use.
If you are transcribing from shorthand notes or from the machine, the
stationery and supplies you need should be organized in or on your desk so
that you may quickly and efficiently assemble the paper that well be needed.

THE USE OF SHORTHAND NOTEBOOK


-

Most legal assistants, whey they have concluded the transcription of a letter,
memo, or document, draw a diagonal line through the notes for that
transcription/
Frequently they do not transcribe material in the order in which it was
dictated because there is more urgency about some matters than others.
By marking through the portion you have completed, you can see at a glance
how much of your transcription has been done and how much still needs to
be done.
If punctuation and paragraphing were not dictated, it is wise to go over the
dictation before you begin typing so that you can insert paragraphs and
punctuation marks.
A few minutes of preparations before you begin typing can save you many
minutes of having to retype your work because you misinterpreted a
sentence or did not plan for paragraphing.

THE NEED TO PREVIEW MACHINE DICTATION


Not many lawyer-bosses can dictate so perfectly that you can transcribe
directly without misunderstanding words or typing something your boss decided to
take out after he said it.
-

He may even give directions at the end of the dictation instead of at the
beginning.
Until you become expert in transcribing from machine dictation and become
familiar with your boss dictation and become familiar with your boss dictation
technique, it would be a good idea to review the material before you start to
transcribe.
Listen to the dictation, making certain that you understand every work and
that everything make sense of you. Take notes and jot down questions as you
listen.
Note particularly special instructions for changes, insertions, and the number
of copies or duplication needed. If you feel that there are parts that you do
not understand ask the attorney before you start transcribe.
You will save time if you can avoid error before you transcribe. Then you
wont have to do the whole job over again.

THE NEED FOR CORRECTING ERRORS BEFORE PRODUCING THE FINAL COPIES

The most experienced legal office assistant and the most gifted typist or
computer encoder cannot produce an output without making errors.
Therefore, it is important that you know how to correct errors in the most
efficient and attractive manner.
There are numerous ways of correcting typing mistakes as follows:
ERASING USING THE MANUAL TYPEWRITER
Many legal office assistant use a good eraser and many find that the clean
eraser at the end of a pencil is as efficient an erasing devise as she can find.
You must roll the paper up in the typewriter to have easy access to the error.
If you are typing carbon copies, a card (3 by 5) or an erasing shield should be
inserted the original first.
Then placing your fingers on the card or paper to the right line and type the
corrections.
ERASING USING THE CORRECTION FLUIDS
This white, paint like fluid generally comes with a small brush similar to a nail
polish brush.
To correct an error, you lightly brush on a few stroke on a few stroke of the
fluid, wait for it to dry, and type the correction.
Although the fluid is generally available in pure white, you can have it
prepared to match the color of your stationery.
ERASING USING THE CORRECTION PAPER
Some legal office assistant prefer to use small sheet of paper coated with
white surface which are inserted between the paper and the type bar or
element.
You backspace to place of the error and retype that error.
The paper leaves a white coating on the error.
Then you remove the correction paper, backspace again, and type in the
correct letter or letters.
This may be done on carbon copies as well.
In fact, if you use colored paper stock for carbon copies, you can probably get
correction paper in the color use since they are in a variet.

ERASING USING THE ELECTRONIC TYPEWRITER


CORRECTION RIBBONS
There are two kinds of correction ribbons. In one the top of the ribbon is
saturated with black ink and the bottom of the ribbon (which usually contains
red ink) is saturated with white ink.
You follow the basic technique you used for correction paper-backspace to the
error, change the ribbon position indicator to its normal position, backspace,
and type the correction.
The other kind is wholly saturated with white ink.
In some machines, the entire cartridge must be changed; in others, the
correction ribbon and the ink ribbon are in the machine simultaneously.
Of course, this type of ribbon works only for original copies

In deciding on the correction method you will use, you should experiment to
determine which looks best and which is easiest for you to use.
Secretaries may disagree on the method of correction they prefer. However,
many times the final decision will rest with your employer-some employers
will not allow their secretaries to use anything but an eraser.
CORRECTION RIGHT ON THE SCREEN OF THE COMPUTER
Correcting errors with use of the computer is much easier now. Before any
printing is done, editing can be done right on the screen by the use of delete,
insert, and backstage keys. The computer is the invention that has made the
work of the legal office assistant much easier.

USE OF LEGAL OFFICE SUPPLIES AND EQUIPMENT


-

When papers relate to a court cases, the rules of the courts specify the way in
which documents are to be prepared.
But each office, each attorney, and even each secretary may have their own
preferences regarding style and form for transcribing non-court papers.
In such cases, the preferences of the office or the attorney are most
important, and you should make it a point to learn them quickly on the job.

THE USE OF THE LAW OFFICE LETTERHEAD


-

Law office letterhead and envelopes are general prepared on the quality bond
paper.
Letterhead are simple, dignified, and may even be engraved.
They may include such terms as Law Office or Attorneys-at-Law and may
have the names of the partners on them.
Letterheads are usually standard letter-sized paper (8 by 11 inches)
Many legal papers, however, are typed on longer paper (8 by 13 inches)
which is referred to as legal paper.
Some offices use ruled with left margin 1 inches wide and right margin
inch wide.
In some states, not only is the paper ruled, but the lines are numbered to the
left margin, double-spaced, beginning 2 inches from the top of the page.
A check of office files will indicate the type of paper preferred in your office
for various documents.
Courts are requiring the use of the legal-sized to letter-sized paper for court
documents.

THE USE OF THE LEGAL CAP


-

The ruled or ruled and numbered paper for typing certain legal documents,
particularly those to be submitted in court, is generally referred to by lawyer
and their legal office assistants as legal cap.
Some refer to it as pleadings paper since it is frequently used in connection
with request to the courts or in complaints and allegations against parties.

Although this is not an exact description of the many uses that are made of
this kind of stationery, the term is worth knowing because it is used
frequently.

THE USE OF LAW BLANKS


-

The wording of many papers in the law office is so standardized that these
papers can be prepared on printed forms.
All the legal assistant has to do is insert the information according to the
lawyers instructions.
Such forms, know as LAW BLANKS, are used extensively by some firms and
lawyers.
In fact, some people believe that not using a printed form when one is
available or when one could easily be prepared is a waste of valuable time.
On the other hand, there are those who feel that printed form lack the dignity
and significance achieved by beautiful typewritten documents, and they
prefer that documents be typed in full unless circumstances demand a
standardized printed form.
Some clients request typed documents because of the importance they
attach to them.

THE USE OF MANUAL AND ELECTRONIC TYPEWRITERS


-

Since most courts require that documents be typed in pica type (10 character
to an inc), law office typewriters customarily have pica type.
And almost all law office use electric typewriters exclusively because of their
speed, efficiency, and the excellent appearance of the work they produce.

THE USE OF COMPUTER


Many attorneys and legal secretaries have come to appreciate the value of
computers.
-

These are a number of manufacturers who produce these computers which


have memory systems, but though each may vary to some degree, they all
perform basically the same type of service.
Documents may be recorded on diskettes , CDs, or some other magnetic
devices.
After a draft is prepared, it must be reviewed, corrected, changed and
proofread right on the screen of the computer.
The final draft may be stored and played back whenever it is needed so that
an error-free copy is produced everytime.
Must of the information and many of the paragraphs that are standard in
legal documents may be coded and thus used over and over again.
These need only be adjusted by adapting names, addresses, and other
specific facts to specific purposes.

By indicating stops at places where information must be insert, entire


documents may be prepared from the stored material in a fraction of the
usual time and great accuracy.
As you learn more about rather sophisticated legal procedures, you will come
across situations in which the memory bank of an editing typewriter can be of
great assistance to you.
If you have an opportunity to learn to use the computer, you should be sure
to give it a try. It may take several weeks to learn to operate the machine
properly and some months to gain real expertise.
However, the results will be well worth the time, patience, and effort.
Drafting material to be stored requires extra work by the attorney and his
legal assistant at first.
But once the information has been corrected and stored, the editing will
prove to be an invaluable time-saver.
If you can learn to make efficient use of this equipment, you should be able to
assume responsibility for the preparation of fairly complex documents by
pulling from storage standard portions of the documents.
Commonly used documents may be transcribed in final form immediately.
However, when documents are lengthy or contain precise matters of law, you
can expect the attorney to request a rough draft for his consideration and
revision before you type the final copy.
If a legal office assistant is skilful in the use of the computer, drafting and
revision can be done very efficiently by preparing and correcting right on the
diskette and computer screen before printing.
Then the final copy produced automatically and accurately by the printer and
is only monitored by the legal office assistant.
Some documents are so technical in nature and intricate in their application
of the law that you be asked to draft and redraft them nay times before you
can type the final, perfect copy.

THE TEAM CONCEPT


-

Some larger law offices are trying an innovative procedure for more efficient
production of documents and for handling daily tasks. This is called the team
concept.
For example, if two or more legal associates who do the same kind of work
each one has a legal assistant, one secretary is responsible for most of the
documents preparation.
The other is in change of all the other secretaries duties record keeping,
phones, diaries, and routine or small typing jobs.
For the legal office assistant who prepares the documents, the task of editing
for accuracy and reproduction for submission to all concerned people are
essential procedures to be followed before producing the final copy for
reproduction.

THE NEED FOR MULTIPLE COPIES FOR LEGAL DOCUMENTS

You must know how many copies to prepare of each letter or documents you
type.
These must, of course, always be file a copy, but it is often necessary that
additional copies be prepared for persons other than the clients or the
addresses.
If you are in doubt the number of copies to prepare, make an extra copy just
in case it may be needed.
When the number of carbon copies is indicated, it is generally referred to as
one or two, meaning one original and two carbons; one and three would be
an original and three carbons.
The increasing use and availability of photocopying equipment eliminates the
necessity of retyping documents when additional copies are needed at a later
date.
In fact, many offices use photocopies in place of carbon copies, and some
firm even type of corrected original draft and photocopy that to use as the
original.
The improvement in photocopying machines in recent has been so great that
it is often difficult to distinguish an original from a copy.
One of your first tasks at the office where you get your first job should be to
learn how to use copy machine.
You can easily learn in a few minutes with the assistance of an experienced
secretary.

DUPLICATING PROCEDURES
-

You might also like