tag:blogger.com,1999:blog-75319618156849186902024-02-08T10:51:08.151-06:00ParalegalesePromoting, encouraging, and discussing the role of the paralegal through a daily dose of anecdoteParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.comBlogger116125tag:blogger.com,1999:blog-7531961815684918690.post-40295459883188747642012-05-10T22:25:00.001-05:002012-05-10T22:26:30.649-05:00Changing TidesWell fine legal pals, I've been looking through some of my past posts, and I realize that they could be considered prophetic. After five years as a litigation paralegal, with relatively no notice, I have jumped onto an entirely different career track.<br />
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A few weeks ago, a co-worker of mine met a friendly CEO exuding passion for his company in the elevator of the building we work in. He told her his office was looking for a new office manager/executive assistant/paralegal to work with the CEO, CFO, and a company lawyer, and offered to interview her for the position. Jump ahead two days and I randomly ended up in a surprise interview talking on level with three executives of that very company. And the next day I was accepting the job, much to my surprise and (a little) confusion.<br />
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Don't think that I didn't deliberate. I did. I made a calculated decision to (mostly) leave the legal field, but I did so quite unexpectedly and in great haste. Every day it looks like a better and better decision. Not the leaving my job as a paralegal, but the moving on to something different, new, challenging. I am still performing some legal tasks, but they are corporate-legal, which is a different, somewhat tamer, beast than litigation. In a small company, everyone plays a large role. So I am the accounts payable department, webmaster, sales coordinator, legal assistant, investor relations, receptionist, office manager, marketing assistant, and more. Every day I get to wear a different hat, and it reminds me a lot of my first few years wearing several hats in smalltown Alabama working with the Boss.<br />
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I'm remembering the things that I loved about that smalltown law firm job, too, and realizing that it is not the nature of the work but the work atmosphere that I enjoyed the most. Don't get me wrong - I love the law. But the most satisfying parts of my job with the Boss were the fast pace, the interaction with people, the different roles I had to play, the team-oriented experience, the chance to learn something new every day, the feeling that I was a part of making a difference, and the impression that I was a respected and well-regarded professional. I love that feeling! After four weeks at my new job, I can easily say that I get to feel that way nearly every day. In fact, my bosses seem to be striving to make sure I feel excited and interested in my new role. I forgot how it feels to be a part of a team, the give and take of ideas, the ease of collaboration, and the fun of learning new skills.<br />
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If I sound pumped up, I am. And on top of that, some crazy ladies in MLSA decided they want me as their Vice President this year! So, yeah, between a job that I am certain to love, my new position with MLSA, a summer marketing class, and planning for a quickly-approaching wedding, I'm going to be one busy girl for the next several months.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com2tag:blogger.com,1999:blog-7531961815684918690.post-21105246300042210422012-01-13T23:48:00.000-06:002012-01-13T23:48:46.587-06:00Diary of a Pensive ParalegalI've been reflecting on my career a lot since starting school this past fall. Big life changes are typically followed by reflection, so there is no surprise there. Some of the questions I have been asking myself lately are questions the younger me glossed over, or would have answered with blissful ignorance of the way the real world actually works.<br />
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I still love working in the legal field, and I remain proud of my profession and the many wonderful people I get to call colleagues. I have learned so much, and I still crave so much knowledge that I cannot fathom taking any other than the course I chose for my career several years ago. But being back in school has broadened my network. I am associating with successful people from all sorts of fields, and I'm learning that my education could take me almost anywhere I want to go... should I choose to go there.<br />
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The realization that the world is filled with so much opportunity suddenly makes me feel very limited in my field. I know that there exist places where seasoned paralegals advance to various other titles, become supervisors, managers, etc. I know that the skills I learn and hone are valuable assets in any number of circumstances. I know that I have the potential to go as far as my job and field allow because I want to make my mark. I want to be a voice, to help chart the course, to control my destiny, to be an encouraging example to others in my field, etc., etc. But the reality is that I go to work every day, and I come home. I assist in mostly administrative duties, with some substantive crumbs from time to time. I do not feel like I make an actual difference, and I struggle to find any meaning at all in what I do. I also worry that I am not growing, not moving forward, not gaining knowledge or abilities. <br />
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I know I paint a desperate picture, but it isn't so bad. I still feel inspired in my studies, and in my extracurricular activities. I enjoy being part of a group like NALS, and I gobble up opportunities to learn outside of work. It's just that a part of me yearns for a true growth experience within my career. I desire to constantly move forward, but I feel like there is a wall somewhere very close that I will reach too soon, a very tall wall with a sign: "No paralegals beyond this point."<br />
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Unless I transition out of law. But I love the law! How could I turn my back on something I enjoy being a part of? I couldn't be a paralegal if I left the legal world! What would I be?<br />
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This is the part where I usually start thinking that I expect too much. What do our employers owe us anyway? Certainly no one owes me the opportunity for career growth and expansion. If I want those things, I should seek them out for myself, on my own time, right? The capitalist in me says, "Your company owes you the pay and benefits you contracted to, in return, of course, for your best work." The me-generation kid says, "People in our generation don't accept bare minimum. Our companies should care about our career potential just as much as we do, because they could benefit from it as long as we stay with them." It feels selfish to expect or hope for advancement opportunities in a field where many firms have none for non-attorney employees.<br />
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Problem is, I can't think of any other fields that limits its members so much. Nurses can become hospital administrators, patient managers, you name it. In fact, nearly every non-physician job I have seen at hospitals lately requires at least a nursing degree. Engineers move on to be project managers, compliance officers, etc. Entry level accountants have the career potential to go just about anywhere in their field, with time. Likewise with people in sales. The hospitality industry. There is big potential for players in every field... except for the one I love. Again, I know that many paralegals have been fortunate to move into advanced positions over time within their firms, but I don't actually see those opportunities. I don't know first hand of a firm that has advanced positions for non-attorney staff other than office manager or financial manager. I have never seen such a position advertised, either in south Alabama or in Tennessee. I know that there appears to be greater potential for a bigger non-attorney role in smaller firms, but the trade-off of course comes in pay and benefits. A part of me sighs, wondering if I will actually have to choose, eventually, between working in the field that I love and finding the professional development that I crave.<br />
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For now, though, I am satisfied. I suppose I have to take this self-reflection business one day at a time. School keeps me busy enough that I don't have too much time to worry about this quarter life crisis. I have a good job, and I work with good people. NALS gives me outside opportunities to learn and grow as a legal professional, in the mean time, which is definitely good enough. For today.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com5tag:blogger.com,1999:blog-7531961815684918690.post-7552827770033540612012-01-08T17:43:00.000-06:002012-01-08T17:43:12.611-06:00Hello 2012They say this is the year. The year the Mayan calendar ends. Depending on which presidential candidate you believe, it could mark the last year in which our country can be saved. It is the year I will turn 30, the year the Grizzlies will win the NBA Championship (it could happen!) and the year our little Penny Cat turns 1. It could be the year the world ends, in spite of NASA's reassurances.<br />
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It is the second year of my studies in the MBA program with University of Memphis. I am happy to report that I ended my first semester with straight A's. I learned a lot about time management, stress, and priorities. For instance, it is very easy to spread yourself too thin, and I simply cannot devote 100% to everything. I have to choose those important piece of my life that will get my 100% and those that will have to take less. I hope that I've learned not to freak out about every topic we approach in my classes with which I am unfamiliar. I spent much of last semester fretting over how to prepare the perfect equity report or how to create workable project budget. For each new encounter, I wasted precious energy looking at the big picture of the project with doom and gloom (how would I ever get it done?) only to later break it down into sensible pieces that weren't so hard after all. This semester I endeavor to skip that first step.<br />
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This will be a year in which I will focus on career development. I am oozing with potential on many fronts, and I do not want to look at my career in twenty years and think, "What happened to that motivated, talented girl who was going to make her mark in her field?" I will actively seek opportunities for growth, and I encourage anyone reading this blog to do the same. We are only ever as good as we want to be. In the adult world, if you don't push yourself, no one else will. I'm pushing myself.<br />
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2012 will be a year of growth and new fronts. Some of the coming changes are things within my control. Many are not. (Did I mention I'm turning 30?) I will have to put some goals on hold while I tackle the big ones this year. Priorities. Hopefully in twelve months I will be able to reflect on this year and all the ways I've grown.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-67957637745074169772012-01-05T20:39:00.000-06:002012-01-05T20:39:35.433-06:00A Message From "The Boss"<div class="MsoNormal" style="text-align: left;">In the years that Melissa worked for me and wrote on this blog, it was nice to see how I developed as a character, person and boss. I enjoyed – after she left – reading through the years of posts and see what she thought of me, her job and life in a small firm. I say after she left because I never read the blog while she was here. This was not due to a lack of interest (or curiosity), but rather due to a belief that she should have her privacy and freedom to write about the office and me as she saw fit, without worry that I would be reading. But after she left, and as I read through the posts that encompassed her time here, it was nice to see ‘The Boss’ portrayed in such a positive light. I liked the idea of being this nameless character being written about by Melissa; being the flawed but competent employer often utilized as the backdrop of Melissa’s evaluation of her current mood or assessement of the paralegal profession… Due to my faceless/nameless character in the blog, I have read on here that some imagine me like Bruce Springsteen due to the character name I was given; sometimes the nameless character made me often even picture the character as Big from Sex in the City (I’m married, so I can make that reference and still maintain my manliness…right?). Well, I can assure you that I am nowhere near as cool as either Big or Springsteen, but I am more than happy to have you continue to think of me in either way (especially since many of us will likely never meet and thus you will never be disappointed in the reality). <o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div><div class="MsoNormal" style="text-align: left;">I am sure at this point many of you are wondering why, now, nearly 2 years after Melissa’s departure from JNL, P.C., I am popping up again on Paralegalese. I wish it was because I was announcing her return to the office. But alas, that is not the case…..yet. But, 22 months later (and moving on to my 5th paralegal since she left, by the way), I could not shake the feeling that I never properly said goodbye, or how much Melissa was appreciated while she was here (and even worse, how much she was unintentionally underappreciated). And I figured, what better way could that be done than on this blog, where ‘The Boss’ was created and Melissa’s time with JNL, P.C. was played out in a much more positive, exciting manner than I think reality would ever portray. I have told people since Melissa left that it would have been much easier to replace me in this firm than it has been to replace her (a feat which, I fear, will never be accomplished). Make no mistake about it, the girl that you read on here is much smarter than most people you will likely ever meet or work for. She is smarter than me, and I think clients are starting to figure out she was the brains of the operation! <o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div><div class="MsoNormal" style="text-align: left;">But even though I knew that while she was here, I never <i>REALLY</i> knew that until she left. As I said before, I am now on my fourth paralegal / legal secretary since Melissa left. None were horrible, none were even bad, but none were Melissa. Enough said. But every time I start out on the process to hire a paralegal or assistant, I find myself pulling out the measuring stick that Melissa left behind two years ago, and it becomes blaringly clear what I had with Melissa, and what I have dearly missed. To best sum up Melissa, the following is what I wrote in a recommendation letter for her as she has continued to pursue higher education. Ironically, this was written on March 18, 2011, almost a year to the day after she left my office: <o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div><pre style="margin-bottom: 0.0001pt; margin-left: 24pt; margin-right: 30pt; margin-top: 0in; text-align: left;"><i><span style="font-family: "GoudyOlSt BT","serif"; font-size: 11.5pt;"> Melissa Hinote was employed for two years before she moved to Memphis, Tennessee – much to my dismay. During those two years, Melissa proved herself to be unquestionably professional, motivated, intelligent and of the highest character. In an office of two people, you get to know the other person extremely well. As such, I came to know Melissa both professionally and personally, and can say without qualification that she is one of the most pleasant, caring, and dedicated people that I have ever had the pleasure of working with or knowing. During her time working with me, I came depend on her for everything from substantive legal work to making sure that I was prepared for, and did completely forget, meetings and trials. In that time, she never once disappointed me or failed to exceed my expectations. When she left, it became abundantly clear that I would have been easier to replace in my own office than she was – an assessment which has not changed in the year since she left. <o:p></o:p></span></i></pre><pre style="margin-bottom: 0.0001pt; margin-left: 24pt; margin-right: 30pt; margin-top: 0in; text-align: left;"><i><span style="font-family: "GoudyOlSt BT","serif"; font-size: 11.5pt;"> I am convinced that no matter what Melissa does in life, she will surpass all expectations, and make proud the person or institution that gets to ‘claim’ her, so to speak. I can assure you that she will be an asset to your program and will excel academically. Not only academically, but seeing as I still have clients who bring her Christmas presents a year after she left, it is clear that her ability to personally connect with people would also be an asset to your program and those involved in it. More than academic abilities and personality, though, I urge you to accept her into the MA in Communications program so that your institution, along with a long list of others – of which I am proud to be a part of – can be one of the ones who get to </span></i></pre><pre style="margin-bottom: 0.0001pt; margin-left: 24pt; margin-right: 30pt; margin-top: 0in; text-align: left;"><i><span style="font-family: "GoudyOlSt BT","serif"; font-size: 11.5pt;">claim her as one of their own. <o:p></o:p></span></i></pre><div class="MsoNormal" style="text-align: left;"><br />
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</div><div class="MsoNormal" style="text-align: left;">Now, if you are reading this, then that means Melissa has agreed to post this on the blog. Knowing Melissa, she will have a real problem with posting something that is complimentary to her. So, I will add for her benefit at this point, that I would consider it a personal slap in the face if she did not give me this opportunity to say hello to the fans of ‘The Boss’ that have been wondering how I am. I will be personally offended if this is not posted in its entirety (of course, after she proofreads it and makes changes to make me sound more intellectual and funny than I actually am).<o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div><div class="MsoNormal" style="text-align: left;">If you are reading this blog, keep doing so. The writer is one of the smartest, most genuine people and talented writers you will ever have the chance to read. If you are a paralegal or in the legal field, read what she writes over and over – she knows what she is talking about. If there were a world full of paralegals like her, what a better profession the law would be. </div><div class="MsoNormal" style="text-align: justify;"><o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div><div class="MsoNormal" style="text-align: left;">It was nice to meet all of you and be the backdrop to Melissa’s writings. Thank you for your support of Melissa, she truly is as great and smart as she seems – and she is still missed. </div><div class="MsoNormal" style="text-align: justify;"><o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div><div class="MsoNormal" style="text-align: left;">Thanks,<o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div><div class="MsoNormal" style="text-align: left;">Jared<o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div><div class="MsoNormal" style="text-align: left;">(See what I did there, like at the end of Sex in the City – you learn Big’s name – okay, maybe not ….. told you I was not as cool as he was!)<o:p></o:p></div><div class="MsoNormal" style="text-align: left;"><br />
</div>ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com2tag:blogger.com,1999:blog-7531961815684918690.post-71255096302792152202011-08-08T20:10:00.003-05:002013-01-27T12:50:05.945-06:00New Immigration Laws -- What's Up With That?<b>Guest Post by Sydney Muray</b><br />
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Background<br />
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A new immigration law that recently passed in Alabama is being called the toughest of its kind in the nation by critics and supporters alike. The law has incited a slew of passionate backlash, and recently the Justice Department <a href="http://www.foxnews.com/politics/2011/08/01/justice-department-sues-alabama-over-controversial-immigration-law/">filed a lawsuit</a> against the state, fighting Alabama’s decision in a way that echoes what happened in Arizona. There is no doubt that this trend will continue to grow, affecting everyone from the court lawyer to the paralegal to the families of immigrants and beyond. State leaders are fed up with what they perceive to be the federal government’s inability to control the problem of immigration – and as we can see, they’re now taking matters into their own hands on a large scale.<br />
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The movement toward more stringent state laws governing illegal immigration <a href="http://www.csmonitor.com/USA/Politics/2011/0323/State-illegal-immigration-laws-What-have-they-accomplished">began in 2006</a>. Though various bills have been proposed in many states, few have been enacted into law that can actually be construed as being detrimental to the freedom many illegal immigrants enjoy in the U.S. This cannot be said for the law in Alabama. <br />
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The Alabama Law<br />
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The new Alabama law, which takes effect on September 1, 2011, gives police the power to request documentation of a person's legal right to be in the United States when they are stopped for any purpose.<br />
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Let Look At This Example<br />
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A person who is pulled over for speeding might be asked to produce proof of their citizenship or residency status in the U.S. if the police officer suspects the person may be an illegal alien. <br />
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Sounds Familiar?<br />
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This component of the Alabama law is similar to the one that passed in Arizona in 2010. The Arizona law gave police officers the right to ask for such verification of legal citizenship status, but continuing litigation over the matter has kept that part of the law from going into full effect.<br />
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The Alabama law, however, goes even further than the controversial Arizona law. Public schools in Alabama will now be required to collect information regarding each student’s citizenship status upon enrollment. Students seeking enrollment who cannot produce a proper birth certificate or provide a sworn affidavit will not be admitted to school. Critics suggest that this component of the law will harass young students and cause an undue financial burden on the school districts that would have to collect the information.<br />
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Businesses in Alabama that knowingly employ illegal immigrants could also face stiff penalties for the practice, up to and including the suspension or revocation of the business’ operating license. Under the law employers would be required to utilize the federal government E-verify database system. As they begin the hiring process with new employees, the employer would be required to check the applicant’s Social Security number against the contents of the E-verify database. Anyone whose information could not be verified would fall under suspicion of being in the U.S. illegally and could not be hired. <br />
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And there is more:<br />
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It would be a crime to knowingly provide transportation or shelter to illegal aliens. This even applies to churches and other charitable and aid organizations, something critics suggest would sadly circumvent the stated mission of such organizations. They cite the fact that the law essentially allows the state government to determine who receives aid from non-profit organizations as needlessly harmful and invasive.<br />
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The Pro's:<br />
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Not surprisingly, this new legislation is causing a great deal of controversy. Supporters hail it as a way to safeguard the state from the <a href="http://www.foxnews.com/politics/2011/06/11/alabamas-tough-new-immigration-law-can-withstand-legal-challenges-experts-say/">estimated 120,000 illegal immigrants</a> currently thought to be living in Alabama. They believe the new law will protect the interests of U.S. citizens and their businesses. <br />
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The Con's<br />
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Critics suggest that the new law will lead to racial profiling. Organizations such as the Southern Poverty Law Center and the ACLU believe the new Alabama law to be unconstitutional as well as racist in nature. Many such individuals and organizations are planning litigation to protest the law. The Obama administration has already sued the state, citing that illegal immigration is a national issue that must be addressed on the federal level, rather than having each state enact their own statutes.<br />
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What Do Other States Do?<br />
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Other states have passed laws dealing with immigration issues. Utah tried to find a happy medium by allowing undocumented workers within the state. The bill also allows police to check immigration status for people arrested for serious crimes. Virginia may at some point pass a law aimed at keeping illegals from enrolling in public universities. Florida is also considering legislation that would require businesses to use the E-verify database when hiring new employees. Whether any of these bills become law, and whether they stand up to litigation, remains to be seen. One thing is certain. Illegal immigration is likely to remain a hot button issue until the federal government can propose a fair-minded and comprehensive policy that will be reasonable enough for all states to accept.<br />
<br />ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com0tag:blogger.com,1999:blog-7531961815684918690.post-76786719596206946952011-06-18T11:57:00.000-05:002011-06-18T11:57:54.021-05:00For-Profit College: Friend or FoeIt is hard to avoid news and blog articles these days about for-profit colleges. For the most part, these businesses are written off by academics, politicians, and many students as scams created to take advantage of potential students. I have read that for-profit colleges encourage students to take on hefty student loans for useless degree/certificate programs, then abandon the debt-laden students in the real world with a degree of little to no value, hundreds of dollars a month in re-payment, no job placement, and no hope of finding an employer who will value the student's education.<br />
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I admittedly have a difficult time conjuring sympathy for many of the students who claim they have been duped (although I am sure some have been taken advantage of despite their due diligence). Personal responsibility still requires us to make the most educated decisions we can. Look at the story of Eric Schmitt, who claims that he took out $45,000 for an Associates and a Bachelors degree at Kaplan in paralegal studies before slowly learning that the employers in his area do not value the Kaplan degree. Obviously this stinks. But my own degree in English at a state school left me with the same amount in student loans. (I should point out that the amount I borrowed was only for my <i>last two years</i> at an out-of-state rate after transferring from a college where I already had a full scholarship. Lots o' monies? Yes. My own bad financial decision? Absolutely.)<br />
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And with a degree in such a broad area as English and no other specialized training, your choices are either to teach at a private school, get further education and certification to teach in a public school, write books/poetry while waiting tables, find a job in copy-editing, or go to graduate school to eventually become an English professor. No one told me this when I decided on my degree. The school I paid for happily took my student loan money, and they did not even offer to help me find a job when I graduated! Also, my first college, the one where I had the scholarship, did not provide job placement. And yet, why would I expect them to? By the time I graduated, I was an adult who could ostensibly go out into the world and find a way to make a living myself. My education and degree would <i>help </i>me, of course, but a degree does not a great employee make (not even a degree from a brick-and-mortar not-for-profit school).<br />
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Some students have also complained of the lack of accreditation by for-profit schools. This, too, is a matter of personal responsibility. In the age of Google, and particularly for individuals who intend to take fully online classes. a simple search will bring up an institution's accreditation. Some of the issues I have heard regard the fact that the for-profit college paralegal program is not ABA-accredited. First, the ABA does not accredit but rather approves paralegal programs. Second, the ABA will neither accredit nor approve online programs of study. If you want to be thorough and check for ABA-approval, you have to look at the school's accreditation page or ask them directly. If you only ask whether they are accredited, and they are, they will only tell you they are accredited. I cannot imagine a school volunteering to tell you that it is not ABA-approved. Since there are no minimum requirements for paralegals, ABA-approval only means as much as the student and his prospective employers think it means, anyway. <br />
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As an example, I have a B.A. in English and a non-ABA-approved paralegal certificate. Neither my current employer in Memphis, TN nor my previous employer in Alabama asked whether my program was ABA-approved. In interviews where I did not accept the job, not once was I asked whether my program was ABA-approved. Obviously, depending on your area, graduation from an ABA-approved program might be more or less valued by employers. Since the paralegal world has no minimum standards across-the-board, we have to check our specific areas ourselves. Even if you find yourself in a bind after graduating from a non-ABA-approved program, or a program that is not highly valued by employers in your area, there are still things you can do to make yourself more marketable.<br />
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For instance, get certified! There are so many possibilities for certification these days! While your A.A. or B.A. might not be from an ABA-approved program, designation as certified could be look as good or even better on a resume. In fact, in my personal experience, employers have been more interested in my certification than which school I attended or my GPA. <br />
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So to end my ramblings, please potential paralegals-to-be, take responsibility for your career from the beginning. Research and make educated decisions. While for-profit colleges are not for everyone, plenty of people who do the research and make careful decisions can find them to be helpful alternatives to traditional colleges.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com3tag:blogger.com,1999:blog-7531961815684918690.post-82565491438952303792011-05-15T11:01:00.000-05:002011-05-15T11:01:15.292-05:00Three Month UpdateOnce again it has been weeks and months since the last time I posted. Opportunities to write are so rare these days. Nevertheless, I'm sitting down on this cloudy Sunday morning to update the Internet on my life.<br />
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First, I was admitted to the MBA program at University of Memphis recently. It will be an online degree, giving me time to work full-time and maintain somewhat of an extracurricular life (I hope). I was completely undecided about which degree to pursue - an MBA or Communications - so I originally applied to both. Apparently the Graduate School here does not allow you to apply to two programs, so when I found out that my MBA application had not gone through, I realized that it was the degree I actually want. So here I sit today on the brink of a new learning adventure ripe with possibilities and knowledge.<br />
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The boyfriend and I moved out of our ritzy downtown apartment to a more sensible place in midtown. I never understood all the car decals and other signs I used to see that said "Midtown IS Memphis," but now I do. I thought downtown was edgier, truer to the gritty, grindy Memphis we've all heard about. But as it turns out, downtown is rich and pretty safe. Midtown has edginess. We have had something stolen from one of our vehicles and found someone digging in our trash, all within two weeks of moving in. And we live on a <i>good</i> street.<br />
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Even with all that, Memphis is infectious. It has personality. It has swagger. Memphis is strong and proud and undeniably blue collar. Down to earth. Possibly too down to earth. It is heart and soul and blues, even in 2011.<br />
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Which brings me to my next topic: the Memphis Grizzlies. We went in with some friends on season tickets this year and went to fifteen home games of the Grizzlies. Before this season I did not watch sports. Somewhere during the season I became a Grizzlies fan, then a basketball fan, and finally a Memphis-the-city-itself fan. It is amazing what a winning team in the national spotlight can do to a city.<br />
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Finally, I am still with the firm I moved here to work for. At times I have questioned whether I fit in there, with my insatiable desire for CLEs and substantive work. But the attorneys and staff I work with have kept me going. I have continued, and will continue, to softly and slowly push my way upstream because that it just who I am. I will tell anyone who will listen that I and the other paralegals <i>can do </i>substantive work. Because my worry is not that we are not given substantive work, but rather that some of the attorneys do not know that they could give us such work. I would rather my attorney know he could use me on a project and choose not to for his own reasons than not know I could be used and continue to work inefficiently for no reason.<br />
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Because when it comes down to it, I feel that the paralegal's truest purpose is efficiency. We are here to save attorneys time and clients money. Little by little, I see various attorneys at my office thinking in those terms. And I like it.<br />
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So this is my all-too-short recap of the last few months. I hope you've enjoyed it, and I expect there is more to come.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com2tag:blogger.com,1999:blog-7531961815684918690.post-8864968470860017552011-02-12T11:33:00.000-06:002011-02-12T11:33:50.096-06:00Sharia Law and Civil Law in the UKHave you ever heard someone state that law is boring, technical, not a diverse career field? I have to admit that a few of my non-legal friends think so. I don't hold it against them. Listening to legal professionals talk about work life is about as much fun as holding your head under water for ninety seconds. At first it isn't so bad, then suddenly you find yourself struggling to breath. By the end of the conversation, you feel like you will either explode or pass out.<br />
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Still, not all law falls into a shade of grey. At least in the UK, solicitors are finding interesting niches in which to practice. For instance, <a href="http://www.asianimage.co.uk/feeds/8846748.Solicitors_launches_Shariah_family_law_service/">Asian Image</a> reports that trainee solicitor Farah Razaq and paralegal Sidra Ghani will be offering family law services in conjunction with Sharia law advice to clients.<br />
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Says Razaq,“The new service will focus upon divorce in accordance with Sharia Law. Any male or female Muslim who needs a divorce in accordance to Sharia law can come to us and we’re here to provide services for them."<br />
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Talk about niche practice. I know very little about UK demographics, but it seems that a relevant percentage of its residents practice Islam to one extent or another. I'm sure followers of Sharia law in the UK will welcome a firm that is willing to provide civil law services while remaining ever mindful of religious implications.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-53971260313934020262011-01-09T11:56:00.000-06:002011-01-09T11:56:51.654-06:00Paralegal... Still a Top JobThe <a href="http://www.abajournal.com/news/article/paralegal_is_better_job_than_lawyer_ranking_says/">ABA Journal</a> online is reporting that the paralegal career is #13 in a list of 200 jobs by <a href="http://www.careercast.com/jobs-rated/2011-ranking-200-jobs-best-worst">CareerCast.com</a>. This ranking beats lawyers at #82 and judges at #53. CareerCast based their ratings on physical demands of the job, work environment, income, outlook and stress.<br />
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Even though my days are spent developing paper cuts from overexposure to file documents, and legally substantive work is scarce in my med mal defense firm, I have to agree with CareerCast's assessment, at least in its comparison of the paralegal career versus the lawyer career. The investment/benefits ratio seems pretty darn good for paralegals these days.<br />
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When I worked for the Boss back in Alabama, I loved to declare how being a paralegal encompassed all of the fun things about being a lawyer without all of the responsibility and stress. Of course, in a small law office, there was still a considerable amount of stress. I worried about file management, due dates, whether clients were paying, whether we were being efficient, etc. These days, the stress level is much lower, but there are noticeably fewer fun things to do.<br />
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Even so, a few associates toss me interesting and substantive work when they can, and unless I'm prepping a file for trial or running some emergency errand, I leave the office and my work worries behind me at 5 o'clock. As long as I meet my billable hours and perform my work competently, I fret not. I do not have to worry about meeting monetary goals to make bonus, when I work over 40 hours a week I am well-compensated, I have a great benefits package, paid time off, and decent co-workers.<br />
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Associates, on the other hand, do have to worry about monetary goals in order to meet bonus, constantly compete with each other on the road to partnership, spend countless hours over 40 working for no extra compensation, and must make work first in the list of adult priorities if for no other reason than to pay off massive student loans. Of course, the rewards are a much higher salary, flexible hours, and the ability to climb the ladder, become the boss, be the person other people work for. And for many if not most of them, the end is totally worth the means. To me, it all sounds great in theory. But when I see it in action on a day to day basis, I realize how much I enjoy the freedom of having a solid job I don't mind doing with enough time left over at the end of the day to maintain the kind of personal life I want.<br />
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I'm not sure why CareerCast listed judges so far down the list, though. I'm not so sure my job can compete with the hours, compensation, and other benefits of being a judge. <br />
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What do you think?ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com4tag:blogger.com,1999:blog-7531961815684918690.post-57054852278660063722010-12-12T21:01:00.000-06:002010-12-12T21:01:03.938-06:00The Holiday SpiritThe holidays are upon us, and with that come all of the questions regarding office ettiquette for gift-giving, party-throwing, and the like.<br />
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When I worked with the Boss, I enjoyed giving a small token of holiday cheer. Because we only had two workers at our office, we did not have much of an office party. However, when the annual Christmas parade came through, he set up an open house with hot chocolate and cookies for parade-goers and his dad's chili in the kitchen for those special family and friends. <br />
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This year the rules are much different. I have twelve attorneys on my list, and I do not know many of them very well. We work in the same office, but there is not much opportunity to get to know them. I thought briefly about doing small gifts for all of them, but when I tallied it up, small gifts for all of them would still exceed my budget. I thought about doing something for the few of them that I know better than the others, but that did not seem wise either. I finally settled on nothing... at least not this year. I'll have to wait and feel out how the office handles the season before I feel comfortable putting myself out there in such a way.<br />
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Cakes, popcorn, gift buckets of goodies, I've seen my fair share of those this year. It appears that there is more to come. And those are just treats from clients and vendors. Almost every day one of the attorneys or staff will bring cookies or a spice cake for us to munch on during the day.<br />
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And then there are the parties. The staff had a "staff-only" ornament party last week complete with gifts and goodies. This was done during the work day and lasted about half an hour. The ornament exchange was fun, and the food was good, but I could not wait to get back to my desk to start billing. I suppose that is why it was a short party. Everyone had things to do, and the attorneys were waiting for us to do them.<br />
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The week before Christmas, the whole firm will have a party one afternoon. There should be plenty of food... the one thing I've learned at my firm is that we always have plenty of food. At some point, the attorneys will gather at a partner's house with clients and enjoy a party sans staff. I wonder if the staff has ever thought of doing the same at someone's house. But goodness, I would be all partied out by the time that happened.<br />
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I can't help but think that it must be a little off-putting, all this Christmas-y stuff, for my fellow office members who do not celebrate Christmas. Call it a holiday party all you want... when you have a tree and a Santa and you exchange gifts, you are celebrating traditional Christmas. At the same time, I believe whole-heartedly in the office party because, well, we've spent a whole year in the trenches together, and we should celebrate a little at the end of it all! <br />
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I've read posts and stories about the pros and cons of exchanging gifts at the office and of having parties, but I think every situation calls for its own unique approach.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-90901437916283201132010-11-09T20:45:00.000-06:002010-11-09T20:45:13.544-06:00The People at the OfficeI have some of the best co-workers a gal could ask for. No matter what other ups and downs my job holds, it has provided me with fun, interesting, and experienced people who are always willing to help or advise me when I need it.<br />
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We all come from different backgrounds, but I am definitely the youngest and least experienced. I work with a paralegal who has been involved in the law since she graduated high school, an IT paralegal with a military background, a nurse paralegal, a former plaintiff's paralegal, and a paralegal who knows just about everything about the firm because she has been there longer than any of the rest of us.<br />
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When someone's workload gets too heavy we are usually able to count on each other for a little help. When I had the huge trial to prep a few months ago, my office neighbor was constantly reminding me that she was available if I needed her.<br />
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I ended up working on that case with my most experienced co-worker, (we'll call her A) so I followed her lead, took some pointers, and made it a point to be available when she needed me. By the end of the trial, we were teammates. I did not necessarily feel like a part of the entire legal team, but I felt like a part of A's team, and that was enough.<br />
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I also cannot fail to give a shout out to some of the great attorneys I work with who use their knowledge of the firm to give me helpful work advice and who try to give me interesting assignments when they are available. They seem to understand and empathize with my never-ending hunger for substantive work when I am surrounded by assignments to organize files.<br />
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I work with some great people. They keep my work environment interesting, and a few of them are becoming pretty neat friends.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-60372551731559900892010-10-24T20:08:00.000-05:002010-10-24T20:08:31.919-05:00SometimesSometimes I get all legaled out. I work at a law firm. I live with a lawyer. I have several friends who are either lawyers or paralegals. I eat, sleep and breathe legal. Every. Single. Day.<br />
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Today, the boyfriend and I had a riveting discussion about our views regarding the federal government's authority to control the nutritional value of public school lunches. For most people, this would be b-o-r-i-n-g. And sometimes, when I hear myself, and the people around me, I feel like most people.<br />
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Don't get me wrong. I love my career, and I enjoy the law. It has been good to me so far. But every once in awhile, my life feels overwhelmed by law and legalese and lawyers.<br />
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Take, for instance, those times I walk into my office on Monday mornings to find it strewn with papers because someone was looking for something over the weekend and did not have time to put anything back in its place. Or I get stuck working overtime on Friday, the weekend I was supposed to go out of town. Those are the days that make me shake my fist at the sky, or turn my face red with frustration.<br />
But most days... I love my career choice. The work itself - the paralegaling - fits me well. I hope this Monday is one of those days.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com3tag:blogger.com,1999:blog-7531961815684918690.post-51296620149759765422010-10-13T21:07:00.000-05:002010-10-13T21:07:48.574-05:00Pushing Through and On To Number TwoWell I made it though my first major trial prepping endeavor. I suppose that in the world of litigation, it wasn't as big a beast as I originally thought. However, it was big enough to require multiple hands and several long days. Now, thanks to the backstage team, the attorneys should be fully prepared for whatever this trial throws at them.<br />
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But where does that leave me? With a brand new trial to prep, of course. October-November appears to be trial season in the great city of Memphis (probably just like every other time of year), so I have the chance to learn a lot of different styles and techniques. After helping to tame the recent beast, I was surprised to find that not every case will threaten to devour my life and career. The newest one only took me about a day and a half to put together, all on my own.<br />
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I have learned a couple of new things over the past few weeks. First, not everything can fit into a condensed trial notebook. Binders can be my best friend. We created binders for all of the important pleadings in the case: complaints/answers, discovery pleadings, any pleadings relating to a particular party or motion of interest, etc. We also create binders for all parties, fact witnesses, and expert witnesses. In some cases, one expert took up an entire three-inch binder, while in others, all of the plaintiff's experts fit into one notebook. Obviously, the binders can be tailored to the specific needs and major focuses of each case. The notebook system comes with the benefit of allowing easy access to the most important information to be referenced at trial, whatever that may be. No rummaging through loose paper and digging through redwells, or searching through a fifteen volume pleading index to find a party's responses to requests for admission. <br />
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Every case is different, as is every attorney, as is every paralegal prepping the file. Being new to litigation, I have found the notebook method to be helpful and enticing when preparing my first two cases, but I am sure there are plenty of other efficient ways to meet the same goal. Feel free to comment with your suggestions. I'm sure I could use them all, and other readers might benefit, as well. ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-88297568329630799772010-10-03T10:57:00.000-05:002010-10-03T10:57:58.120-05:00Trying to DecideI have always planned on going to graduate school, but the implementation of that plan has been put off for some time. The first stall came when I was unable to get in-state graduate tuition at my alma mater, University of Maine. I moved home to Alabama, waited a semester, and then began working toward an M.S. in Education at Troy University. One semester in, I realized that despite years of planning, teaching was not my true calling. That summer was the summer I fell in love with becoming a paralegal.<br />
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Starting that August, I spent the next 15 months taking online classes through Washington Online Learning Institute. In November 2008, I became certificated with a Master Paralegal Certificate. In 2009, I sat for the NALA certification exam and became a Certified Paralegal (CP).<br />
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But still I craved more. More education. More knowledge. More intellectual challenges. However, I had to put those desires on hold while I worked full time tried to start an adult life and adult career. Lack of time and an unwillingness to take on a huge amount of debt for my continuing education kept me from proceeding. For the longest time I also felt conflicted. If I loved the law so much, did I want to go to law school? Since I truly enjoy the substantive part of my job, does that mean I should be a lawyer? My hesitant answer to these questions was usually "no," but without being sure, I could not form any true educational goals.<br />
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When I moved to Memphis, I literally moved in directly across the street from the law school. The University of Memphis main campus is but minutes away, too. School has been staring me in the face and daring me to proceed. Still, I have remained undecided. I wanted to go back, but if not for law school, then what?<br />
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I regret to say that I have not come much further. I thought I was settled on an MBA. Memphis has several programs that would work with my schedule and allow me to avoid massive student loan debt. An MBA makes some sense, since I would love to learn more about business, and it one of the few slightly applicable degrees to my career field. But is it really applicable? After all, I'm a paralegal. I do not supervise or manage anything. Unless I move into the non-legal corporate world, it is very unlikely that I will ever manage big projects or need to have more than common business sense. <br />
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So I examined every graduate degree available through University of Memphis, and Communications popped out. With a background in English and literature, I feel drawn to the courses listed under this program. Some of them sound intellectually enticing. If I were to pursue a master degree in this area, I think I would enjoy it. But is it applicable to my career?<br />
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Neither of my two options is very applicable to what I do right now, so I've tried to think long-term. I may be an entry-level paralegal now, but where will I be in five years? Administrator? Office manager? Will the med mal case load slow down and result in my move to an in-house position? Of course, the truth is that there is no way to tell what will happen over time. <br />
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So here I sit, still undecided with a self-imposed application deadline of January 2011 looming over me. That's enough time to force myself to decide, right? If neither of my options is directly applicable to my current career, I need to figure out whether I should choose the one that I know I will enjoy or the one that might open more doors for me in the future. And all the while, the Law School sits across the street...ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com3tag:blogger.com,1999:blog-7531961815684918690.post-4813696639432943382010-10-03T10:07:00.000-05:002010-10-03T10:07:08.544-05:00The Navy Steps Up Its Requirements for LegalmenThe Navy has taken a huge step forward by requiring its legalmen to obtain at least an associate degree, reports the Navy Times in its story <a href="http://www.navytimes.com/news/2010/10/SATURDAYnavy-degrees-legalman-100210w/">"Navy: Legalmen must earn associate degree."</a><br />
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"Navy lawyers now do much work done by paralegals in civilian life, Houck said. By putting all legalmen through paralegal education, he said the enlisted members of the JAG Corps will be able to do 'powerful things, freeing up lawyers to focus on what is unique to being a lawyer and the practice of law.'"<br />
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This is exactly the type of thinking that encourages efficiency and affordability of services in civilian law practices. The Navy is doing two things here. First, it is recognizing the value of education for its legalmen and encouraging higher standards from its legal staff. Second, it is adding value to the law degree possessed by JAG lawyers, by freeing them up "to focus on what is unique to being a lawyer."<br />
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In effect, they Navy is recognizing the difference between attorney duties and paralegal duties, and that it makes sense to delegate paralegal duties to non-attorney team members. <br />
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The Navy did not start this trend, nor has it come in last. Civilian law firms still vary widely in educational/training requirements and the ways in which they use paralegals. Many law firms are still stuck in a routine similar to the current Navy, in which lawyers are doing the work paralegals could be doing. Of course, the decision of when and how to use paralegals is ultimately a decision that lawyers must make when deciding how to maximize benefit to the client. Still, I predict wider and more efficient use of highly educated paralegals as time presses on.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com0tag:blogger.com,1999:blog-7531961815684918690.post-10306415425415593142010-09-25T14:21:00.000-05:002010-09-25T14:21:30.203-05:00The Trials of Trial PrepTrial prep is stressful.<br />
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Even since before I started my new job, my office has been home to a very large case file. Because of its location, I was tasked with the organization and maintenance of the file. I became close with the file. When a paralegal or attorney would rush in looking for a pleading or deposition, I would point them to it.<br />
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I knew the relationship was too good to be true. Now this case has come up for trial, a day that seemed so far off until a few weeks ago. The case has become a monster that threatens to drown me in paper every day. It demands every second of my time at work, forgetting that I have other relationships with other cases that must be maintained as well. When I attempt to work on a pressing matter in any other case, this case acts hurt for a moment, then narrows its eyes and promises revenge. Last week I began to feel like the victim of an abusive relationship.<br />
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When I worked for the Boss, trial prep consisted of reminding him of the upcoming trial. Many of our cases fit into one redwell. Those were the larger ones.<br />
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That was before I was introduced to med mal cases, many of which last for several years before either settling or making it to trial and sucking the joy out of the lives of a few legal staff members in the process.<br />
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I jest, but it has been a stressful couple of weeks. I am a fast worker, but this level of trial prep makes me feel slow. I try to maintain an organized office, but these days I am just happy to find a trail to my door. I have been challenged with emergency binders and seemingly missing deposition exhibits. I tried and tried last week, but even during a day with absolutely no breaks, I felt as though I could barely keep up and breath at the same time.<br />
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All that being said, it's kind of fun. The demands of litigation are both vexing and enticing at the same time. I hate missing lunch, or being so worked up that I don't even get hungry, but I enjoy working so hard to meet deadlines and help the team. I enjoy the feeling of doing a job that <i>matters</i>. <br />
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I guess this is my introduction to the real, nitty grittiness of litigation. For a newbie, I hope I am doing well. Of course, we are all so busy that I'm not sure anyone has time to tell me if I've made mistakes or not. <br />
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So until everything slows down a little bit, I rely on the advice of a very kind associate at my firm. She noticed how stressed I was the other day and how my eyes looked kind of glazed over with computer screen glare and reminded me of one unfailing truth: "The most you can do is your best, Mel. That's all any of us can do."<br />
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And she is correct. In careers, in relationships, in life in general, the most we can do is our best. So I survived the week and lived to endure the inevitable time crunches that the next week will bring. Here's hoping that I patch things up with the file on Monday so that it will be more inclined to work <i>with</i> me, rather than against me.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-36741731661040812432010-09-12T10:30:00.000-05:002010-09-12T10:30:03.037-05:00Clio: The Easy Practice Management Option<meta content="text/html; charset=utf-8" http-equiv="CONTENT-TYPE"></meta> <title></title> <meta content="OpenOffice.org 3.1 (Linux)" name="GENERATOR"></meta> <style type="text/css">
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<div style="margin-bottom: 0in;">From time to time I am asked to write about various legal software, books, schools, etc. I am very particular when it comes to promoting these things, especially when I do not have firsthand knowledge of the product, and more often than not, I opt out. However, today is one of those rare instances when preference and firsthand knowledge meet. Not only did I get the chance to play with Clio for a month, I also really enjoyed it. </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;">Clio is web-based practice management at its finest. Perhaps the greatest thing about it is that there are no downloads or uploads, no CDs, and no books. The only thing you need in order to access Clio is an Internet connection. This means that no matter where you are in the world, as long as you can find an Internet connection and can remember your password, you have access to your entire practice, from your calendar to documents and forms to your time slips to client accounts. </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;">It is difficult to explain just how simple Clio is to use, how integrated and efficient it can make a practice. The best word I can think of is <i>easy</i><span style="font-style: normal;">. Click on a client and/or matter, and you have immediate access to all of the information relating to that client/matter. If you are working on a document, simply hit the time icon next to it to enter your time. The time automatically transfers to time billed for that matter, no extra steps needed. </span> </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;"><span style="font-style: normal;">Of course, that is just one example of Clio's efficiency. Clio allows you to keep a task list, calendar, and agenda. As with many other programs, calendars can be shared among users or used individually. If you use Outlook, like so many of us do, Clio is easily linkable to Outlook for optimal task efficiency. However, Clio works perfectly alone on the task front. You can keep up with your ongoing task list in several different ways. View the task list in entirety, or view tasks under separate clients or matters. You have many options for choosing how best to streamline your work day. Clio will also send task reminders to your inbox everyday in order to help keep you up-to-date on your to-do list.</span></div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;"><span style="font-style: normal;">Under each client, there are buttons dedicated to client matters, notes on the client, communications, and transactions. The communications tab allows you to record phone call notes and times, as well as emails sent or received. If used correctly, the only source you need to check for a complete communication history with a particular client is Clio. </span> </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;"><span style="font-style: normal;">Small firms and solo practitioners will love how easy Clio makes bill generation and client account management. Because any time entered for a document, communication or task is directly linked to the client account, the generation of monthly, quarterly or yearly statements is as easy as the click of a button. </span> </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;"><span style="font-style: normal;">Your billing page will show all of your unbilled hours and the amounts due from clients. Statement generation is as easy as checking the statement you want to generate and making it happen. Once a statement has been generated, it will appear in your open statement section until it has been paid. After you have generated bills – get this – </span><i>you can email the link to your clients, and they can pay online. </i><span style="font-style: normal;"> Rather than dealing with bulk mail-outs and incoming checks every month, you can streamline the billing and payment process to the ultimate delight of your billing staff and your customers. </span> </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;"><span style="font-style: normal;">And speaking of connecting online with clients, Clio offers ClientConnect, which allows you to quickly share information or collaborate with clients online, all from one location. It does not get simpler than that. </span> </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;">Another thing I love about Clio is its extremely friendly interface. Who every said that practice management has to be dry and boring? The modules and tabs are presented in a fun, yet concise, appearance. With Clio, practice management seems interesting and fresh. All of the graphics, icons, and fonts look professional, yet somehow exciting. </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;">Finally, I am not familiar with the standard pricing of practice management programs, but at $49/mo for attorney users and just $25/mo for support staff, Clio seems reasonably priced, especially for small and solo practice firms, when you take into account all that it provides. </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;">There is much more to Clio than what is contained in these few paragraphs, but I could not possibly describe it all. If you are even the slightest bit interested, I suggest visiting the <a href="http://goclio.com/">Clio website</a> and signing up for the free 30-day trial. If you are like me, you will be amazed at how one program can streamline an entire practice. </div><div style="margin-bottom: 0in;"><br />
</div><div style="margin-bottom: 0in;">**Other than a free 30-day trial period, which is offered to any and all interested, I did not receive any benefits, monetary or otherwise, for this review.**</div> ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-31755667570219460122010-08-29T09:55:00.000-05:002010-08-29T09:55:08.875-05:00Good People to Know: Your Friendly Process ServerBack in rural Alabama, when we served a summons and complaint, or a subpoena, or any other document that warranted service, we used the Sheriff's department. It was a one-step process: take the document to the courthouse (or e-file it), and let it go. The return on service would usually take around a week... if we were lucky.<br />
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I have since learned that private process servers are much more time efficient and focused on service of your specific documents to your specific defendant, deponent, or custodian of records. Within my first week at my Memphis job, I was introduced to the world of private process servers. The new system involves a couple more steps, but it takes much less time.<br />
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Step one: Send subpoena to court to be file-stamped and issued. Ask runner to return file-stamped issued subpoena to me for service. <br />
Step two: Call private process server to come pick up subpoena for service.<br />
Step three: Wait for return on service. The great thing about a private process server is that he or she will likely try more than once to perfect service, and if the address you gave is inadequate, will often put in some time finding a better one. He then usually takes the subpoena back to the court to be filed. <br />
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Every once in awhile, I am asked to issue a subpoena in another state, or several hours away from this county. In these cases, I realize how convenient it is to know local process servers.<br />
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I once had to arrange for issuance and service of a subpoena in a rural part of the great state of Texas. In this little town in the middle of absolutely nowhere, I looked for hours for a process server. I finally found someone to help us with service, but he was located nearly two hours away. Because we were in a hurry to perfect service, I overnighted the subpoena to the local court in Texas, then arranged to have the process server drive in from two hours away to pick it up at the clerk's office and serve it.<br />
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I did not know the Texas process server I used, but now I do. Just in case, you know, we ever have to issue a subpoena in Middle Of Nowhere, Texas again.<br />
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Many private process servers also include other services, such as copying and imaging, or private investigations. So knowing you local process servers could mean knowing your local PI and document imaging business. Because of the nature of the business, many of them also have various connections in your town or city that could prove useful in the future.<br />
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If you currently use the Sheriff's office as your main server of process, I would suggest considering a private server. They can be more expensive, but you may find that the added cost is worth the added benefit. At the very least, get to know a local process server, whether you believe you will use him for service or not. You never know when his connections, knowledge, or related skill set will come in handy.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-13171360275340874792010-08-16T21:08:00.000-05:002010-08-16T21:08:43.774-05:00Living Vicariously Through More Experienced ColleaguesIn my first couple of years, I often wondered why so many paralegals and legal secretaries worry so much about the "cya" rule. Perhaps I have not been in the business long enough to develop the paranoia that comes with working for people in high-stress positions who might be tempted to blame the "little guy" when things go wrong. The longer I work in this field, though, the more stories I hear about assistants being thrown under the proverbial bus.<br />
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It makes sense. Blaming the assistant is the easy thing to do. Attorney saves face, and Assistant is none the wiser. I have been lucky enough in my nearly three years of paralegaling to have avoided attorney supervisors who would fall into such easy temptation. (You may remember stories of the Boss in which he rose to my defense with foul-mouthed clients and the like. The Boss always had my back the same way I had his... ah, the good ol' days of solidarity and teamwork in the rural law office.)<br />
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But part of my career education involves learning how to cover my back side, especially when working in the bigger legal world with more than a handful of attorneys. It is not that any one of my lawyers would purposefully slander me or unreasonably grow angry, but rather that in a busy mid-size law firm, as assignments get passed up and down and back and forth, figuring out where a mistake was made or a deadline missed is much trickier. When so many hands are touching any one case, five fingers per hand add up quickly. You better bet some of those will be used for pointing.<br />
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Today I was lucky enough to receive some good advice from a secretary who has been in the legal business since before I was born. The advice was simple: cover yourself. Get into the habit of documenting everything. Not just to yourself, but to the file itself. Did you arrange for a court reporter? Take a few moments to tell the file what you did, when you did it, and who your contact is. If the file knows, everyone working on the file knows, too. This way, if the court reporter fails to show up, you can at least point to the Monday three weeks ago when you arranged for the deposition. Or if opposing counsel swears the settlement figure she gave you to pass to your attorney had one less zero, you know where you find your conversation.<br />
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The secretary today was speaking from hard won experience as she suggested I document my work. While I have always made date-stamped notes to myself in Outlook tasks and calendar, it never occurred to me how important it might be to have those notes date-stamped in the file for everyone to see. Thankfully, I did not have to learn this lesson through the harsh reality of personal experience. While I have never been falsely accused of botching an assignment yet (and hopefully never will be), this secretary may have very well saved Future Me from that embarrassment.<br />
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Of course, a practical, less self-serving reason to write memos to the file is to remind oneself of important landmarks in the case while making sure that anyone else on the case, even a newly assigned colleague, can easily figure out which stage it is in.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com0tag:blogger.com,1999:blog-7531961815684918690.post-7718463369876635222010-08-09T19:23:00.001-05:002010-08-09T19:24:28.671-05:00Choice of HabitI was such a sheltered little paralegal in my old world. I know I have covered all the aspects of my former life - close client contact, assignments that included dense substantive work - and how all that has changed with my new job. I believed until recently that most experienced attorneys and other legal professionals knew of all the ways non-lawyer assistants and paralegals can be utilized. I assumed that if my attorneys were not using me in many of those ways, it was simply because they chose not to. And that is okay. As a member of the legal team, I am happy to be utilized to benefit the team as the leader sees fit (although just like any team member, sometimes I think my skills might be better used in different ways). It had occurred to me only fleetingly that some, nay, <i><u>many</u></i> attorneys might not know how to use these functional accessories called paralegals. But I brushed that thought aside for some reason. <br />
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However, since moving into a legal world that gives me much more face-time with a greater universe of lawyers and legal professionals, I have learned that perhaps under-utilization is not a choice. Perhaps it is sometimes a habit born of confusion and mystery.<br />
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Not once but three times in the past three months, I have been involved in conversations with different attorneys about the ways they use their paralegals and the ways they see other paralegals being used. One lawyer seemed confused at the idea of a paralegal signing her name to a letter transmitting pleadings to the other side ("Please find enclosed..."). Another considered the drafting of pleadings to be one of the attorney-only facets of the practice of law. Still another did not like receiving lawyer-transmitted information through the opposing counsel's paralegal ("Since we did not hear from you after calling and writing you several times, we had to go ahead and tentatively schedule the deposition before the discovery time limit ran out. Here is the date."). <br />
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Thankfully, in each of these conversations, the attorney seemed relieved to find out that he could actually choose to use his paralegal to ease the burden of some of these tasks. Of course, old habits die hard, and once someone gets used to practicing a certain way, that way may be <i>the </i>way. For instance, I know of partners who refuse to allow anyone but attorneys even organize their files. And I know of lawyers who will always prefer that any communication to any party or counsel comes directly through their pen. My hope is that these preferences are choices made after careful consideration of how to achieve the best results for the client in the most efficient way, rather than a self-inflicted routine caused by a lack of understanding of how to use other legal professionals.<br />
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Nevertheless, when I received an assignment to draft a complaint this week, I could not help but smile. I am happy to have been able to take something substantive and time-consuming off of one of my attorneys' desks, freeing him up for more complex tasks.<br />
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This was the result of good communication among legal team members, of course. In one five-minute conversation regarding the many uses of paralegals, I was able to help one lawyer become more efficient and profit-oriented, while at the same time ensuring interesting substantive work for myself. That's what I call a win-win situation.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-65999216816892906212010-08-05T18:05:00.000-05:002010-08-05T18:05:32.497-05:00Back in the Saddle AgainI'm back. For any of you who still check from time to time, I have returned from my month-long hiatus. It was full of long writing assignments and contemplation over how to proceed with this blog. For obvious reasons - the bigger firm, attorney supervisors I am still getting to know, new and unfamiliar clients - I can no longer poke easy fun at the Boss (or any boss), and I must be careful about how my intended tone is perceived by others. This requires a bit of a change on my part, and the best changes are rarely easy. <br />
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All that aside, now that my assignments are complete and I have thought long and hard about the direction of this little blog, stay tuned for regular postings from Paralegalese.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com4tag:blogger.com,1999:blog-7531961815684918690.post-46358843074519707222010-06-27T14:49:00.000-05:002010-06-27T14:49:29.958-05:00Giving Back, Paying ForwardI'm ashamed to say that it has been years since I sought out volunteer work of any kind. But I broke that streak recently when I volunteered at the monthly Saturday legal clinic sponsored by the Memphis Association of Legal Services (MALS). Thank goodness that I did.<br />
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At 9 a.m., I arrived at the library where the Saturday clinics are held. Several people seeking legal assistance were already there filling out intake forms. I was happy to find that many of the volunteers were legal staffers. Our jobs included intake, answering questions about the intake forms, matching legal issues with suitable attorneys, and receiving finalized paperwork.<br />
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I walked around most of the time helping people with raised hands and taking up their completed intake forms. I answered questions about the kind of information the applicants needed to give, and I played with babies.<br />
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Surprisingly, the number of volunteers that day almost matched the number of clients that showed up. Family and employment lawyers were most on demand, but some people also had estate questions. We saw people of all ages, ethnicities, and income brackets.<br />
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The only problem with this otherwise wonderful experience is that I felt nearly useless. As a paralegal, my job is to assist attorneys. In the clinic setting, I was not assisting attorneys, and I had a very limited role in helping the clients. The assistance I was able to provide was purely administrative. I found myself wishing that I could do more... take notes, draft something up, research a legal problem, etc. But in the clinic setting, they need volunteers who can make sure forms are filled out correctly and decipher handwriting. It was much better to show up and be used for those tasks than not to show up at all.<br />
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I've decided to make the MALS Saturday clinics a monthly habit. It feels good to be donating time toward the field I love. If you are a legal secretary, paralegal, law student, or attorney in the Memphis area, and you are interesting in volunteering, visit the <a href="http://malsi.org/">MALS website</a>.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com2tag:blogger.com,1999:blog-7531961815684918690.post-29881619119898629952010-06-17T07:18:00.000-05:002010-06-17T07:18:30.927-05:00Good People to Know: Records CustodiansWhether you are trying to acquire medical records, city records, or any other type of recorded material, a relationship with the person who protects their distribution can make all the difference in the world.<br />
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I have learned that since moving to Memphis, a place where I know very few people. I took it for granted back in Small Town, Alabama, that all records custodians were sugary sweet and eager to help fill my requests. That was Small Town, Alabama; this is Large Metropolitan Area, Tennessee. While I am sure the hospitals back home see their fair share of records requests, Memphis hospitals probably see three times as many.<br />
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In my first two months, I have had few successes at quickly retrieving records. With exceptions, most records requests and subpoenas feel like pulling teeth. I may end up with the wrong address or learn that billing records have to be subpoenaed from an entirely different place. I have been told several times that they never received my request, even after re-faxing it. I can't tell you how many times I have heard the phrase, "We're running behind here, and we have two weeks worth of unopened mail to go through."<br />
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Thus, it becomes very important to form a relationship with the records custodian. He or she is not going to work any faster or put forth any extra effort for the faceless voice over the phone. However, a few seconds of warm conversation and a couple of thankyousomuches seem to melt even the coldest personalities.<br />
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I have taken to writing down names of people to ask for when I inevitably call these places again. It helps to speak to a familiar person, especially when you can remind her of how grateful you were for her help in the past.<br />
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When I first moved here, I made a request for records to a hospital system in a completely different region. The first request was sent to the correct (but incomplete) address. I had to send another one. The first custodian I spoke with gave me the complete address and encouraged me to save my firm a little money by requesting the records on CD. I failed to take down his name. The CD came in, but the records were password protected. This seems like a smart idea. It keeps out those who should not be viewing the records. I called the hospital for the password then proceeded to upload the records to my firm's system. I noticed, however, that they remained password protected.<br />
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I attempted to change the security on the pdf documents in order to release the password, but this required a new password. Of course when I contacted the hospital, they were unwilling to give me the administrative pass code. I was unable to OCR, bates stamp, or otherwise alter the documents in any way. And I could not remember the name of the guy who had been so helpful when I first called. He may not have been able to give me the password, but perhaps he would have empathized with me when I explained to him that the double password protection would require me to print the 1,000 pages of records anyway and then re-scan them back into the system before anyone else in my firm could access them or process them. The person I ended up speaking with simply did not care that we were in fact wasting paper and defeating the purpose of the paperless system. <br />
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So get to know your local records custodians. They hold the keys to the information you need.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com0tag:blogger.com,1999:blog-7531961815684918690.post-38577548364572314372010-06-08T19:31:00.000-05:002010-06-08T19:31:04.085-05:00The Life of the Young Urban ProfessionalTwo months into the new job, and I have a few changes to note. First, my attorneys seem to have figured out that I like to work. My to-do list never runs out, and my office is full of accordion files that are stuffed with folders and papers.The best part is that my work is still interesting. While I began my new job by organizing file after file after file, a larger part of my work these days includes researching expert witnesses and obtaining medical records.<br />
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One thing I wish I could change is this time clock business. When I worked for The Boss, I never worried about fitting so much into a mere 40 hours. If I needed to work overtime, I did. Five o'clock was just a number. Now it's a deadline. I must clock out by 5:15, and if I do not, then I must cut my Friday short by however many minutes I snuck into the front of the week. Leaving early on a Friday sounds nice, right? Not when I have to leave one or two items on my to-do list for Monday.<br />
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And as a stickler for rules, I take the firm policy of no unapproved overtime seriously. Although it seems that a few minutes of overtime seems to be okay every once in awhile, it still feels like cheating to me. So I work and I stress and try to fit as many billable hours into my strict eight-hour day as possible. <br />
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I am ridiculously busy these days, and not just with work. Somehow over the past year, I have extended paralegaling into real life. If you read my blog, you already know that. But specifically, I am doing quite a bit of writing lately. A professional paper and two other articles due before August... along with making time for everything else. I guess <i>frazzled</i> is an appropriate word for these circumstances.<br />
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But I wouldn't change a thing. One of the partners at my new firm asked me why I had not left the office yet at 5:15 last Wednesday. "You need to grab your man and go out to a coffee shop. Enjoy being young urban professionals," he said. It struck me then that urban professionals is exactly what we are. It also struck me that he used the word "professional" to describe my position as a paralegal. As I said, I wouldn't change a thing.ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com1tag:blogger.com,1999:blog-7531961815684918690.post-25263872450392614482010-05-30T19:29:00.001-05:002010-05-30T19:31:30.277-05:00A Word from Remington College<div style="margin: 1ex;"><div><span style="font-family: Calibri; font-size: small;">Online learning is becoming an increasingly popular alternative to traditional education for people wanting to further their education without sacrificing a current job or responsibilities to friends and family. It offers the possibility of earning a degree to people who thought education was out of the question because of the demands of daily life. </span><br />
<span style="font-family: Calibri; font-size: small;"> </span><br />
<span style="font-family: Calibri; font-size: small;"> What if someone is interested in an education in paralegal studies, for instance? Are there benefits to pursuing a degree in paralegal from an online program instead of attending classes on a campus? </span><br />
<span style="font-family: Calibri; font-size: small;">Yes! First of all, it may be convenient for someone who would like to continue to work or manage their family rather than go to campus for classes during the day. Many potential students need a program that can fit around their busy schedule, not vice versa. For some students, the best time to work on their course may be after 7 p.m., or early in the morning – times that traditional classes typically aren’t held. Of course, it’s up to the student to manage his or her time to successfully juggle previous commitments in the pursuit of an associate’s degree. </span><br />
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<span style="font-family: Calibri; font-size: small;">For people who are going back to school to receive paralegal training, an online program may offer an ideal education choice for their lifestyle. Taking courses online doesn’t mean people have to sacrifice their daily responsibilities to work and family. Whether it’s taking the kids to soccer practice, working until 6 p.m. or taking yoga classes in the afternoon, online courses can work around the life and schedule they’ve already made. Working adults may benefit by adding an education into their schedule rather than having an education take over their schedule! </span><br />
<span style="font-family: Calibri; font-size: small;"> </span><br />
<span style="font-family: Calibri; font-size: small;">Another benefit: Most online paralegal studies program can be completed in a little over a year. In fact, the online paralegal program through Remington College can be completed in as few as 18 months. </span><br />
<span style="font-family: Calibri; font-size: small;">While no reputable college can guarantee employment upon graduation, students could be working in a law firm or corporate legal department after less than two years of studying for their paralegal degree. According to the Bureau of Labor Statistics, “Most entrants have an associate’s degree in paralegal studies, or a bachelor's degree in another field and a certificate in paralegal studies.” Remington College’s online paralegal program covers many areas of law that paralegals may encounter in their work, such as real estate law, civil litigation, trial preparation, business and contracts law, and family and probate law. </span><br />
<span style="font-family: Calibri; font-size: small;"> </span><br />
<span style="font-family: Calibri; font-size: small;">According the Bureau of Labor Statistics, “private law firms will continue to be the largest employers of paralegals, but a growing array of other organizations, such as corporate legal departments, insurance companies, real-estate and title insurance firms, and banks also hire paralegals. “ </span><br />
<span style="font-family: Calibri; font-size: small;">Lawyers want to provide the most efficient legal service they can, and paralegals help to provide the assistance lawyers need to help organize information for cases, research laws, and prepare for closings and trails. The help that paralegals provide lawyers can be valuable when lawyers are working on a tight schedule. </span><br />
<span style="font-family: Calibri; font-size: small;"> </span><br />
<span style="font-family: Calibri; font-size: small;">Paralegals can support lawyers in their work and save them time and money, and employment opportunities have stayed in demand. According to the Bureau of Labor Statistics, “employment of paralegals and legal assistants is projected to grow 28 percent between 2008 and 2018, much faster than the average for all occupations.” </span><br />
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<span style="font-family: Calibri; font-size: small;">An online paralegal degree program may be something to consider for someone interested in the field of legal services. An online program may provide flexibility and convenience – and most importantly, the opportunity to pursue an education. Visit the website to find out more about obtaining your <a href="http://www.remingtoncollegeonline.edu/paralegal-degree-program-online">paralegal degree online through Remington College Online</a>.</span><br />
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<span style="font-family: Calibri; font-size: small;">Written by: Sasha Roe</span><br />
<span style="font-family: Calibri; font-size: small;">Employee of: Plattform Advertising</span><br />
<span style="font-family: Calibri; font-size: small;">On behalf of: Remington College</span></div></div>ParaMelhttp://www.blogger.com/profile/08519414199965242231noreply@blogger.com0