Paralegalese

Diary of a Pensive Paralegal

2012-01-13T23:48:00.000-06:00

I'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.

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.

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.

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."

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?

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.

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.

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.

Hello 2012

2012-01-08T17:43:00.000-06:00

They 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.

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.

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.

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.

A Message From "The Boss"

2012-01-05T20:39:00.000-06:00

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).

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!

But even though I knew that while she was here, I never REALLY 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:

    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.

    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

claim her as one of their own.

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).

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.

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.

Thanks,

Jared

(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!)

New Immigration Laws -- What's Up With That?

2011-08-08T20:10:00.003-05:00

Guest Post by Sydney Muray

Background

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 filed a lawsuit 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.

The movement toward more stringent state laws governing illegal immigration began in 2006. 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.

The Alabama Law

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.

Let Look At This Example

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.

Sounds Familiar?

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.

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.

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.

And there is more:

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.

The Pro's:

Not surprisingly, this new legislation is causing a great deal of controversy. Supporters hail it as a way to safeguard the state from the estimated 120,000 illegal immigrants currently thought to be living in Alabama. They believe the new law will protect the interests of U.S. citizens and their businesses.

The Con's

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.

What Do Other States Do?

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.

For-Profit College: Friend or Foe

2011-06-18T11:57:00.000-05:00

It 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.

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 last two years 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.)

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 help 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).

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.

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.

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.

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.

Three Month Update

2011-05-15T11:01:00.000-05:00

Once 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.

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.

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 good street.

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.

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.

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 can do 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.

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.

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.

Sharia Law and Civil Law in the UK

2011-02-12T11:33:00.000-06:00

Have 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.

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, Asian Image reports that trainee solicitor Farah Razaq and paralegal Sidra Ghani will be offering family law services in conjunction with Sharia law advice to clients.

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."

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.

Paralegal... Still a Top Job

2011-01-09T11:56:00.000-06:00

The ABA Journal online is reporting that the paralegal career is #13 in a list of 200 jobs by CareerCast.com. 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.

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.

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.

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.

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.

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.

What do you think?

The Holiday Spirit

2010-12-12T21:01:00.000-06:00

The holidays are upon us, and with that come all of the questions regarding office ettiquette for gift-giving, party-throwing, and the like.

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.

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.

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.

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.

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.

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!

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.

The People at the Office

2010-11-09T20:45:00.000-06:00

I 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.

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.

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.

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.

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.

I work with some great people. They keep my work environment interesting, and a few of them are becoming pretty neat friends.

Sometimes

2010-10-24T20:08:00.000-05:00

Sometimes 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.

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.

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.

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.
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.

Pushing Through and On To Number Two

2010-10-13T21:07:00.000-05:00

Well 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.

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.

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.

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.

Trying to Decide

2010-10-03T10:57:00.000-05:00

I 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.

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).

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.

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?

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.

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?

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.

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...

The Navy Steps Up Its Requirements for Legalmen

2010-10-03T10:07:00.000-05:00

The 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 "Navy: Legalmen must earn associate degree."

"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.'"

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."

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.

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.

The Trials of Trial Prep

2010-09-25T14:21:00.000-05:00

Trial prep is stressful.

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.

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.

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.

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.

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.

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 matters.

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.

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."

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 with me, rather than against me.

Clio: The Easy Practice Management Option

2010-09-12T10:30:00.000-05:00

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.

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.

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 easy. 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.

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.

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.

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.

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 – you can email the link to your clients, and they can pay online. 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.

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.

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.

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.

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 Clio website 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.

**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.**

Good People to Know: Your Friendly Process Server

2010-08-29T09:55:00.000-05:00

Back 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.

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.

Step one: Send subpoena to court to be file-stamped and issued. Ask runner to return file-stamped issued subpoena to me for service.
Step two: Call private process server to come pick up subpoena for service.
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.

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.

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.

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.

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.

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.

Living Vicariously Through More Experienced Colleagues

2010-08-16T21:08:00.000-05:00

In 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.

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.)

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.

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.

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.

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.

Choice of Habit

2010-08-09T19:23:00.001-05:00

I 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, many attorneys might not know how to use these functional accessories called paralegals. But I brushed that thought aside for some reason.

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.

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.").

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 the 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.

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.

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.

Back in the Saddle Again

2010-08-05T18:05:00.000-05:00

I'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.

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.

Giving Back, Paying Forward

2010-06-27T14:49:00.000-05:00

I'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.

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.

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.

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.

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.

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 MALS website.

Good People to Know: Records Custodians

2010-06-17T07:18:00.000-05:00

Whether 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.

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.

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."

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.

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.

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.

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.

So get to know your local records custodians. They hold the keys to the information you need.

The Life of the Young Urban Professional

2010-06-08T19:31:00.000-05:00

Two 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.

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.

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.

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 frazzled is an appropriate word for these circumstances.

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.

A Word from Remington College

2010-05-30T19:29:00.001-05:00

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.

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?
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.

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!

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.
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.

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. “
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.

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.”

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 paralegal degree online through Remington College Online.

Written by: Sasha Roe
Employee of: Plattform Advertising
On behalf of: Remington College

Consumed

2010-05-25T19:17:00.001-05:00

You may wonder why my posts have been so infrequent lately. I have been settled into my place for almost two months. I thought by now that I would have found time to write at least every other day. But life has a strange habit of getting in the way of our best set plans.

Before my move, I worked all day then went straight home. I talked to My Boyfriend the Lawyer on the phone before eating dinner and relaxing in front of a television for the remainder of the evening. As one of the few people who returned to my home town after college, I was definitely not a social butterfly. This gave me a ton of time to write.

Now, however, while work still takes up the standard 40 hours of my week, life itself is suddenly requiring more of my time. Nowadays, meeting at a pub for an after work beer or going to a friend's house for dinner is becoming the norm. And forget about a moment of true peace. My Boyfriend the Lawyer also moved to Memphis, and I quickly learned that an apartment of two is much busier than an apartment of one. Between work and get-togethers - and don't forget quality time with the love of my life - I am lucky I found this moment to share tonight.

But I am learning a necessary and refreshing lesson from this whirlwind: life outside of and apart from work is very important. Over the past two and a half years I have become consumed with paralegalism, ideas of regulation, questions about UPL lines and musings about the economic ramifications of an expanding paralegal profession in the greater legal world. I identify whole-heartedly as a paralegal. I am proud to be a contributing force of justice in this world, in some small way. I have always been the kind of person who needed to connect on a personal level with her job.

But this is the first time in my adult career life when I have been forced to take off the legal mask sometimes. And as hard as it is, as much as I love talking paralegalese, I have to admit that it has felt amazing to be just Mel outside of the office. These days, at least during this adjustment period, both in work and personal life, I am consumed with something other than paralegalism... but stay tuned. I am not done being Para-Mel just yet.

Taking Company Brand to a Whole New Level

2010-05-16T21:40:00.000-05:00

I have been asked to do a lot for the many jobs I have had in my life. I have worked overtime, calmed angry customers, dealt with spilt food, come home late, arrived early, driven all over the county, and patiently accepted rude comments. I have done these things as a waitress, customer service rep, cashier and most recently as a paralegal. Going the distance is a part of who I am. There is little that I will not do for a boss or company I respect in the course of a job I enjoy.

But I will not get a tattoo of the company logo on any part of my body.

I came across a story tonight of a paralegal who has done just that. States the story at StarTribute.com, "Katie Edmeier, a paralegal for Anytime Fitness, got the health club chain's purple running-man logo tattooed on her upper left arm." Apparently Ms. Edmeier is just one of over 200 employees of the fitness chain who really take company loyalty to heart. The fact that so many staffers are willing to physically take on the brand speaks volumes about the company's relationship with its employees.

However, my personal commitment issues with permanent ink aside, this could spell trouble for any staffers whose relationship with the company may sour in the distant future. It seems to me that having a competing company's logo etched into one's skin might be a lot like having "Brad" tattooed down your arm when you're dating a "Derek." I cannot imagine it going over too well with either the new employer or the new boyfriend.

Thank goodness for me, Ms. Scared-of-Needles, I think my firm will accept good ol' fashioned hard work in place of permanent ink as proof of my love for the job.

Snub in the Elevator

2010-05-06T21:27:00.000-05:00

Every elevator ride is different and so is every elevator personality. I believe I've met them all at this point. Something about confined spaces brings out the best and worst in people.

My own elevator personality is cautiously friendly. If someone speaks to me, I will speak back. I keep an open smile on my face in the effort to be friendly and receptive. I often look down, and when uncomfortable, I either play on my phone or clasp my hands in front of me.

Sometimes a group of people who know each other will step on, and I will feel outnumbered and shy. Other times we will speak awkwardly about the weather. Often I will meet a new face, and we will hit it off on the way to the first floor over shoes or purses or some other thing we have in common.

And sometimes, even in this adult world, in a city, in a big building full of professionals, in an apartment complex inhabited by young adults, I step onto an elevator that immediately takes me back to high school, a time when I was less assured of myself, insecure, and too eager to fit in. They are the elevator equivalent of the cool kids at school, and they tend not to talk to me, the runt. They have perfect city-professional clothes and sleek hair. They carry portfolios or drag suitcases full of important papers behind them. They avoid looking me in the eyes, and they exude an air of business and importance. They wear expensive shoes. For an eternity of fifteen seconds, I forget my confidence and my worldview and shrink a little on the inside.

Then the doors open and I step into a sun-filled lobby. All of the tension spills into the open air, dissipating. I am myself again in an instant. I am good as gold. I am ready for the next ride up.

One for You, One for Me

2010-05-04T07:00:00.001-05:00

There I stood at the copier, a stack of manila folders twelve feet tall, towering like some formidable beast before me. A beast from whom I had already received countless battle wounds - a paper cut here, a folder cut there. And the battle this day could only be won by making copies of each small stack in each folder... in triplicate.

Now, I know that at some firms, paralegals get to delegate some tasks to secretaries. Not so at my office. So I have been operating under the assumption that I make all of my own copies unless I have a copy job big enough to warrant sending it out. I don't mind making copies. In fact, at my former office, no one was above copying, not even the Boss himself. (You can only delegate so much with two people in the office.)

So as I was saying, there I stood before the copier, slowly opening a folder of originals, removing the staples, placing them on the machine, stapling the originals back together, stapling the copies together, and placing them in separate stacks, etc, etc. One of the secretaries at my firm walked up and said plainly, "Why are you making copies?" I tried to explain that I had a project which required triplicates, but she stopped me there. "You need to call Johnny* (name changed) and send that job out. It's much better for the firm to pay someone else for the copies than to pay you to stand here and make them."

Just like that, my eyes were opened.

For the past several weeks I have had personal qualms about getting other people to do my work. I don't like sending a runner out because I am perfectly capable of walking to the courthouse. I don't like ordering supplies from our receptionist because I am perfectly capable of going to Wal-Mart and purchasing white out. Since I come from a firm where I was responsible for just about everything, I am having a hard time letting go of some duties I formerly held. Especially if the job sounds particularly tedious, such as walking to the circuit court to make copies of fifty pleadings. I don't want to ask someone else to do that. I hate the idea of asking someone to do something that sounds less than enjoyable to me. And yet, here in the world of big(ger) law, we have more hands available. And some of those hands are waiting for an assignment that involves making copies or walking a half mile down the street to file a subpoena, just as I am waiting for an assignment that involves indexing a deposition or finding a pleading for my attorney to review.

How did yesterday's story end? I called Johnny, he took my stack away, and he brought back copies before the end of the day. I always knew attorneys had to know how to properly delegate tasks, but I'm starting to realize that it's a good skill for all of us to have.

Scottish Paralegals Take a Step Forward

2010-04-26T22:55:00.000-05:00

Scottish solicitors are realizing the need for their paralegals, and the paralegals themselves are taking a giant step forward. In this article at Scotsman.com, author Christopher Mackie explains that the job forecast is finally looking sunny for Scottish paralegals.

"'The initial redundancies were paralegals,' says Alison Butters, the joint president of the Scottish Paralegal Association. 'Then the solicitors realised they were struggling without them.'" According to the article, many legal staff were the first to take a hit when the economy turns south. Many solicitors thought they could do paralegal work, but were surprised to find out that they had forgotten how to perform small tasks, like filling out forms correctly.

Meanwhile, along with the re-opening of the job market, Scottish paralegals are celebrating another milestone. "In a little under four months, the UK's first registration scheme for paralegals will be introduced to the Scottish legal profession."

This means that qualified paralegals will be able to apply for registration as paralegals. The registration program will set a minimum standard for ethics and training for those who desire the title "registered paralegal."

The initiative is a validation of sorts for professional paralegals in Scotland, a validation that the SPA has been working toward since its establishment in1993.

Ms. Butters describes Scottish paralegals in the '90s as caught "somewhere between a secretary and a solicitor and in a kind of no-man's land." Who here hasn't spent time in that land?

Aside from bringing better definition and recognition to the paralegal role, the registration program will have the added benefit of weeding out those individuals who "shouldn't really be described as paralegals," according to Ms. Butters.

Even recently, before the implementation of the registration program, paralegal salaries have risen in Scotland. While Ms. Butters insists that this is not the specific aim of the program, I would guess the paralegals are not complaining. My guess is that the SPA has helped provide Scottish paralegals with a cohesive professional identity during its several years of existence, and that it is the group identity that makes them more valuable to the legal world. A professional identity helps enforce standards within the group, and higher standards will inevitably lead to higher monetary value.

Our Scottish friends have the right idea. High standards and a unified identity promote the inherent value of any profession. All over the world, the similar paralegal news stories are popping up - from registration to certification, even to licensure of paralegals. The rising value of nonattorney legal professionals is hopefully driving down costs and allowing easier access to justice in countries that have implemented these programs. The comparison and contrast of the United States with all of these other countries makes me very interested to see where our justice system will be in relation to all the rest twenty years from now. I know one thing: I want to be right in the middle of it when I find out.

Breakthrough

2010-04-22T19:02:00.000-05:00

Today I had a revelation. As I was sorting my growing task list, and as my attorneys brought me various and sundry assignments, I realized that I was digging my feet in. Because of the nature of a new job, I have been easy, wide-eyed, passive, and free-moving at the office. I have been soaking up firm culture but shying away from making my own mark.Taking it all in and working hard, but playing catch-up.

Until today. Suddenly, as my newly assigned attorney was explaining to me how he wants me to present my research on possible expert witnesses, I felt as if my feet had stopped sliding, as if some small part of me had taken root. I can't say that I feel home yet, or that I ever will. But the new firm and its inhabitants are starting to grow on me. From the quirky partner who planted beautiful spring flowers all over our balcony and is making an associate water them, to the friendly runner who says she doesn't mind that I sent her to the courthouse to make copies of 60+ pleadings, to the smokers who parade through my office several times a day to get to the balcony (the door is in my office). If I can't be working for the Boss, then I might as well be working here. And though it may not seem like it, that is quite the compliment.

Have Yourself a Very Happy Administrative Professionals Day

2010-04-20T22:26:00.001-05:00

One year ago tomorrow, I walked into the office to find a box of a half dozen glazed Krispy Kreme doughnuts on my desk. I was delighted. I just knew they were left there for me in honor of Administrative Professionals Day. That the Boss even remembered something like that made my day. The next day, when I arrived at the office, I found a vase of orange roses, a hand-written note, a DVD, and a lil' bonus to top it all off. That's when I realized the Boss had gotten his days mixed up and the doughnuts had just been one of his normal niceties.

This year, three weeks into my new job at the Memphis firm, I know I will go under appreciated. I accept it. No one knows me well enough to see me as an asset yet. But nevertheless, I do get a free lunch and a paid half day off tomorrow. It isn't flowers and a card, but I suppose it'll do.

Now, onto the business of the day. I'm in my third week at the new firm, and like I said, I haven't yet made myself indispensable. I am trying, but I am also learning that there must be a balance regarding office politics.

Happy Administrative Professionals Day!

Paralegal Misconceptions

2010-04-13T19:09:00.000-05:00

If you have been following Mr. Mongue at The Empowered Paralegal Blog, you may have read his entry regarding community-based paralegals in Sierra Leone. In that post, he references Sonkita Conteh, LLM, LLB (Hons), BL, Barrister and Solicitor of the High Court of Sierra Leone, a man with a mission of providing legal empowerment to the poor of his country. This, of course, is a goal of many legal professionals and associations in our own country, providing access to justice for those without means.

Mr. Conteh has been advocating the use of paralegals as low-cost legal aid in Sierra Leone, but he is finding that not everyone is on board. In his article entitled "10 Misconceptions About Paralegals in Sierra Leone," he discusses those most common issues that members of the legal profession in his country seem to express when it comes to using paralegals in legal aid to the poor. I was intrigued to find that citizens and lawyers in Sierra Leone share the same misconceptions about the paralegal profession that we find in the United States. I have listed below the misconceptions most shared between our two countries, as well as my own response to them.

1) "Paralegals will impersonate lawyers." - Mr. Conteh disputes this impression wisely. While the requirements for paralegals in Sierra Leone are different, as well as more stringent, than here in the States, he argues that while there will always be criminals who will gleefully take advantage of unwitting victims, gainfully employed paralegals who meet the required paralegal standards are far less likely to impersonate lawyers.

3) "Paralegals will want to appear in court." - Okay, you got me. I do want to go to court. I want to see the culmination of all our efforts played out before a judge or jury. But I do not want to appear before the judge. I can only speak for myself, though. However, if a paralegal does want to appear in court, he or she should go to law school, take the bar, and get the credentials to do so. Or move to one of the few states that allow limited paralegal practice. Or become a lay advocate before those few federal administrative agencies that allow it. As for Sierra Leone, states Conteh, "Organisations providing paralegal services never intended for paralegals to represent clients in court, that is why they employ lawyers to do legal representation. In terms of litigation, paralegals can and do provide lawyers with support services- filing and serving documents, chasing up witnesses, taking down notes during court sessions and more." Sounds an awful lot like my own job. To state the same sentiment in American terms, law firms don't hire paralegals with the hopes or expectations that we will take the place of lawyers. They hire us with the hopes and expectations that we will assist lawyers in a way that maximizes profit while keeping costs (for the firm and the client) as low as possible. At least, they should.

4) "Paralegals are not properly trained." - I can't speak for Sierra Leone paralegals, but here in the States, training and education seem to be top priorities for new paralegals. Clients have begun to demand better credentials of all time-keepers, not just their lawyers. And associations like NALA, NALS, and NFPA have been very successful with efforts at promoting continuing legal education among non-lawyer legal professionals. While there is more to be done, we are getting there. At the same time, paralegals do not need lawyer-level education, especially if their attorney supervision is satisfactory. As Conteh says, "Giving every actor in the justice sector training that is commensurate to a lawyer’s is both a waste of time and resources and indeed very unwise."

8) "Paralegals are unsuccessful people." - Writes Conteh, "I have heard colleagues claiming that paralegals are nothing but failures and rejects who had ambitions to become lawyers but for some reason failed to realise their dreams and are now using backyard routes just to be associated with the law." Now where have I heard that one before? I understand this misconception about as well as I understand that nurses used to put up with the same kind of attitudes. The truth is that not everyone who loves the law wants to go to law school, has the means to go to law school, or wants the responsibility and time-consumption that often comes with being a lawyer. Having different priorities while still enjoying employment in an interesting field would seem to me to make someone the opposite of unsuccessful. However, the "unsuccessful lawyer" myth can easily be promoted by paralegals who view themselves as "less than" lawyers, or who do not believe the paralegal role is important or rewarding. If you are one of these paralegals, I urge you to find something you love doing. Going through life feeling less than anyone or doing something that feels useless and unimportant can be depressing.

Only time, education, and consistent good examples will help prevent these common misconceptions of paralegals, whether here in the United States or abroad.

Conteh's article provides more insight regarding the proposed role of paralegals in Sierra Leone, so please visit the link above to read more.

The Calm After the Storm

2010-04-08T19:31:00.001-05:00

After last night's less than enthusiastic post, I figured I should follow-up with a lighter, more pleasant one.

When I came home from my third day at the new firm, my hopes were admittedly dashed. It seemed to me that all I had worked for over the past two years was to be thrown away for an office with a city view. I cringed when I was told that my assignments would be less substantive and more administrative. I suddenly imagined my life ten years from now, gray, boring, and virtually useless after a decade of pushing paper in cases that I cannot connect with.

But today I awoke with a passion. I took my college degree and my paralegal certificate to work. I hung them on my wall. I took a most useful book, The Empowered Paralegal, by Robert Mongue, and sat it on my desk for inspiration. It came in handy at my last job, and I am sure it will be even more useful in my current position. Then I got down to business.

Since Tuesday, I had been organizing a file for an attorney who will likely become one of my favorites. While it was simple file organization, the file was new enough and small enough that I was able to grasp the narrative and get an idea of where we are in relation to trial. I spent the morning finishing up the project. Of course it took me a day and a half to complete a task that should have taken at most half a day, but I'll have to cut myself a little slack here at the beginning.

When I completed the first file, I began working on two more that I inherited from the paralegal I am replacing. (No worries, he didn't leave the firm, just took a new position as IT manager.) The file organization, though it could become mundane in a few weeks, is actually keeping me interested and helping to familiarize me with the numeric filing system.

I kept my head down and worked today. I asked questions when I needed to. I maintained a positive attitude, and I shoved off the negative emotions from the first half of the week. I decided today that my job will be what I make it. I rediscovered that - oh that's right! - I love legal work. I love becoming immersed in a case, so what if my part is only a tiny piece of the massive puzzle?

You see, I am not a normal person, and I long ago reconciled myself to this. My job must mean more to me than a paycheck (though a friend of mine has pointed out that a pay raise with less responsibility is never really a bad thing). I must feel passionate about it all the way down to my toes. I want to love the way I spend the majority of my waking hours. Mere satisfaction is not enough. For the past two and a half years, I didn't even have to work at loving my job. I just did. It kept me on my toes. My Boss was a riot sometimes. The clients could be so gracious. And the judges... kept us working as hard as we could to read their minds. For two and a half years I never once though to myself, "I don't want to be here." Even when I had headaches. Even when the judge asked, "Have you read Rule 4?" (Meanwhile, at the new job, I will likely never speak to a judge.) Even when clients cussed and opposing counsel whined and even the time the creepy guy dropped by the office when the Boss was out and started saying creepy things. Not one of those times did it occur to me that I would rather not be at work.

Back to my original point in the above paragraph: I have realized that I have the power to make my job mean more. After all, it is what it is, and perception is subjective. If the task doesn't have inherent meaning beyond completing step 42 of steps 1,894, then I will grab my magic paralegal wand, wave it in the air, and remind myself that every step in the long litigation process is one move toward the end game.

This is what it's like to be a small town paralegal in the big city.

Invitation to Publish - @Law Magazine (NALS)

2010-04-07T22:13:00.000-05:00

Because I am on the @Law committee with NALS, I am posting here our request for articles. If you are interested in submitting an article for publication, please feel free to contact me. I know some of my readers must be experts in their fields. You know who you are.

INVITATION TO PUBLISH

@Law Magazine, a quarterly publication for legal professionals published by NALS … the association for legal professionals, is inviting submissions of 1,000-word articles for publication in the upcoming issues of @Law.

Each issue of @Law contains articles chosen by an editorial board of individuals employed in legal professions. The content of @Law is completely expert written.

Submitted articles must be succinct, and the reference lists relatively small. In essence, the articles should provide legal professionals with a brief understanding of the area of law covered, explain current trends in the area of law covered, and/or describe the relevant application services to a particular area of law, as well include as a few key resources for follow-up.

NALS...the association for legal professionals has been publishing @Law (formerly The Docket) for over 50 years. It has been the membership publication for NALS members and other legal professionals, providing them with educational and professional development articles.

@Law has a circulation of approximately 8,000 readers nationwide and reaches a broad audience of legal professionals ranging from legal assistants, legal secretaries and paralegals to attorneys, judges and legal administrators.

If you are interested in submitting an article to be published in @Law, please contact Cindy Squier, PP, PLS, by phone at 918.588.7947, via fax to 918.588.7971 or by e-mail to csquier@oneok.com. More information about @Law and a sampling of recently published articles can be found online at http://www.nals.org/atlaw/atLaw/Home.html. Information about NALS … the association for legal professionals can be found at http://www.nals.org/.

And We're Off...

2010-04-07T20:44:00.000-05:00

Well Band o' Followers, I am humbly supposing that you await my initial assessment of the new life in Memphis. I have been holding off for the first few days, trying to adjust, before giving you the dish on my present situation.

First things first, the Memphis firm is no JNL, P.C. I always took for granted paralegals everywhere were drafting pleadings and motions, performing legal research, and advising their attorneys on local court procedures. As it turns out, paralegals in defense firms seem to perform a ton of file maintenance and follow-ups of document requests. The associates are doing my job! At least, that is how I felt these first few days.

I have come to realize that at least for awhile, I will not be privy to the true status of some of the rather large cases. I must accept that I will not feel personally invested in the outcome of a case or constantly worried about how our client will fair at trial. Defense work is long, and slow, and some of the files could form their own solar systems. I could be nothing more than a comet passing through, nicking one of these planet-files so lightly that you would never know I was there. Gone are the days of telling the (or any) boss what needs to be done. I have eight bosses now, and I'm almost certain that none of them are concerned with my personal brand of case management.

Yet in a way this is freeing. I will have no trouble leaving after an eight-hour day, and I have no incentive to work a minute over 40 hours in my week. The assignments will come, and I will complete them, and... no no no.

What I believe will actually happen, what I hope will happen, is that I will work hard on even the easy things. I will become proficient at it. I will (try) to develop relationships with my attorneys that extend beyond assignment memorandums. My hope is that at least one of those relationships will develop into trust and mutual respect, not only because I want better assignments, but also because I've learned that I enjoy my work more when I form a bond with the person I'm working ~~for~~ ~~with~~ for(?).

I hope I do not sound too negative. I am hopeful that my role will expand before my eyes. However, the larger part of me knows that I have to come to terms with the way bigger law firms run. In a world bustling with named partners, senior partners, junior partners, associates, secretaries, paralegals, and then me, I'm a little fish in a much bigger pond. Perhaps part of growing up means realizing and accepting one's own insignificance in the greater world. I would like to say that I believe I could have a true and positive impact on the role of paralegals at my new firm. I would like to say that. But I'm not sure yet that I can.

On a positive note, everyone at the office seems nice and amicable. The paralegals took me to lunch today, and we enjoyed ourselves. They are a good group, and I'm looking forward to getting to know them better. It is also nice to know that I have one good friend at the firm. A friendly and familiar face goes a long way in making the day seem brighter (even a hazy, dark day like today).

On yet another positive note, my first assignments have been interesting if not challenging. I have a lot to learn about Tennessee law and federal court. And as my office has a door out to the balcony, I'm making quick friends with the smokers, who have to travel through my office to reach their designated smoking area. And I get business cards.

I guess you could say that anyone would be instantly happy with this new job. The work environment is pleasant, and it seems like a good place to spend eight hours a day. But unfortunately, I have had the previous experience of working closely with the Boss, and that relationship will long be the standard by which I judge my newer supervising attorneys. For now, I'm chalking up my current worries to the adjustment period and trying to focus only on familiarizing myself with the firm.

So onward and upward with fingers crossed. With a hopeful heart and a mind all too bent on reality.

Beginning of an Era

2010-03-31T10:21:00.000-05:00

For all my hand-wringing, all my worries, and the heaviness of the guilt sitting firmly in my chest, I made it to Memphis. Within a day, the worries and the guilt faded. I am still concerned this week with the Boss's welfare, but I continue to reassure myself that he will be fine. He found a fine replacement, and I know they will work well together.

Since I have not written for over a week, I need to update you on a few comings and goings of the past several days. Last Thursday we had an impromptu going away party at a local pub. Friends and family were there. Times like these teach me one important lesson: I am a blessed girl to have so many caring people in my life. Though it was neither requested or expected, some people brought parting gifts.

Once such parting gift was from the Boss: an aquarium. I admit that I was slightly puzzled. The Boss had threatened to give me our office fish as a going away present, but I had not believed him. Even when presented with an empty aquarium, I did not believe him. After all, it's not like he had delivered the fish in a baggie or anything. But throughout the night he continued to promise me that I would be taking our office fish with me when I departed.

A side note on this fish: We started out with four fish. Two blue guarana, one bigger fish, and one algae eater. The algae eater died first, though by the time we found him, he was merely bone. The bigger fish was then bullied to death by the two smaller guarana. Finally, a few weeks ago, one of the guarana went missing. He simply vanished from the tank. I dredged the bottom, but came up empty handed. Now, another note: our office tank was completely overrun with algae. We would clean the tank and it would immediately turn green again. At some point we gave up all together on cleaning the tank. One last note on the fish: On my last day I asked the Boss if he had been feeding our last little guy. The Boss said, "I thought you were feeding him." Oops.

Knowing all this about our final fish, I did not want him. He turns water green and seems to enjoy killing other fish. Still, true to his word, the Boss snuck the fish into my U-Haul trailer the morning I was packing to leave. In a water jug. I just knew the little fella' wouldn't last one day in there, but he somehow survived three days (that is how long it took me to get his tank set up). Now he's the happiest little unkillable fish in Memphis.

Other than the addition of a new pet, this move has provided several new experiences for me. I went from living in a tiny triplex in Silverhill, Alabama to a roomy twelfth floor apartment in down town Memphis. My view, while not the best city view out there, is still a view of something. I see buildings and glimpse the Mississippi River through my large windows. While I have the convenience of walking to my bank, my stores, even my job, I have learned a few of the inconveniences of city living too. Pedestrians, one-way streets, and parking. My parking garage is across the street from my building, and it took me three miserable trips to and from my car on Monday to bring in several heavy bags of groceries.

But yesterday I literally went "walking in Memphis," and concluded that the benefits of this city life will outweigh the hassles, at least for now.

I start my new job on Monday, and I. Am. Ready. My friend at the firm tells me I already have an assignment waiting for me. I can't wait to jump in and hit the ground running. I also can't wait to be wearing something business-y when I hit the elevator in my building. So far everyone I have met in my building has been wearing a suit. I wonder what they think of the T-shirt-and-jeans-on-a-weekday girl they are meeting. I bet they are jealous, actually.

So I will slip through this week's vacation relaxing and being lazy. Then on Monday, I will be off to the daily grind. Stay tuned for the new adventures of the same paralegal. Or perhaps the little fish in the big-ish city?

Reality

2010-03-24T22:34:00.000-05:00

I must have spent the past several weeks in a haze. All of a sudden, it has come to my attention that I really am moving. Not in some distant future. In two days. On Friday I will pack everything I own into a U-Haul and make my way north and west to the great city of Memphis. I still have so much to do. I've known for weeks that I would be leaving soon, but soon was never two days from now. Soon isn't tomorrow until it is.

Panic.

I just tried imagining what my first day at my new job will be like. Learning an entirely new system, forging new relationships, reinventing my career persona. It seems taxing. But when I look at it through brand new eyes, it seem exciting and fresh, just like the bamboo floors in my new apartment. Still, until I am actually there on Memphis soil, the move seems daunting and dangerous.

And the Boss! My daily worry is that he will break into a million pieces without me there doing all the things that keep him together. Obviously he's a grown person who will have another assistant to help with all the little things, but my brain hasn't grasped such a rational concept yet. Note to self: I have a phone and an email address. If he really needs to know the where or how of something, I can get that information to him in the blink of an eye.

Jitters.

If only my brain would slow down for a moment. I am so looking forward to the week between my old job and the new one. A week to get settled into my new place. A week to discover all the places I will need to know. A week to shed the worries and step into a new life. And a week to update my profiles on Facebook, Twitter, LinkedIn and of course Paralegalese.

End of an Era: Part III

2010-03-22T19:18:00.000-05:00

Three full days left in town, and I'm numb. I have packed almost everything I own. My walls are bare, my refrigerator empty.

As for the office, I am starting to realize that I am simply unable to leave everything prepared for my absence. There is too much information to impart on someone new, and I will only have four hours on Thursday to try. My replacement is coming in for training that day. One half day of training. Poor thing.

But the Boss is in fair spirits. Or at least, he hasn't had too much time to think about it. Last week was full of hearings and meetings. This week is, too. The work is anesthetic, at least to me. Today our computers failed us, and that, too, helped me forget that my last day is looming before us. Still, the sense of urgency I feel in the pit of my stomach, though unacknowledged most of the day, is only due to one thing - my dwindling time.

Tomorrow I get to go to court with the Boss. This will mark the second time in two years I have graced the courtroom with my presence. I asked to go this time because the trial is one we have been working toward for the past two years. After months of preparations and musings, I want to see how the judge rules. I want to hear the testimony and silently root for my home team. I want to be there when the final piece of the puzzle is laid. It will be my good-bye present to myself, and I'm hoping it's a good one.

Then, on Thursday night, there will be a more public good-bye party. I will gather with family and friends at the little pub down the street to celebrate the past three years we have had together. Though I fought it at first, coming home to this small community was the best thing I could have done after college. I've matured both as an individual and as a paralegal during this time. I guess you could say that I found myself.

Friday will mark the beginning of an era, and I'm already looking ahead to it. No doubt I will miss every single speck of dirt I am leaving behind, but there is so much to discover in a new city. And after weeks of fretting, grieving and preparing, I am ready to make those discoveries.

End of an Era: Part II

2010-03-16T09:11:00.001-05:00

Time passes and the guilt passes. I seem to have transformed from the paralegal who knows her move is negatively affecting the Boss to the paralegal who is working like crazy to make the transition as trouble-free as possible for him.

I still understand, of course, that my move is not a good thing for him. But we've put on our brave faces as we work toward the approach of the inevitable future. The Boss has been interviewing candidates to take my place. I've been disecting their resumes and personalities. I don't want to stare into the face of the person who will take my place on the team, but I do want to help him find the best possible fit. Is it narcissistic of me to believe that the best possible fit is the person who is most like me? In trying to shy away from that assumption, I've offered positive reviews of some stand-out individuals who are not like me at all, but I worry that he won't be able to get along with anyone the way he gets along with me. And don't even get me started on the trust issue.

In preparation of the end of this era, I have made a list of my regular administrative tasks with directions describing how to do them. It isn't rocket surgery, but in my first two years as a legal assistant, I learned a few things about efficiency. Now that the Boss will have toperform some of my tasks, he needs to know the most practical ways to do so.

I wonder what our job candidates think when they come to our little office for interviews. Most of our furniture is antique and in fair shape. Our welcome mat has seen better days. Our office plant is dying a slow death at my brown-fingered hands. And our fish tank remains in a continual state of greenness in response to the constant sunlight streaming in through our large front windows.

When they walk into the Boss's office, they see scattered accordian files and a 12-inch tall To-Be-Filed stack. I try not to take guests back to our kitchen/copier area. It isn't dirty, but it can get cluttered.

It feels like inviting people to your home to live. You love the place. It is comfortable and welcoming to you, but you know it's faults and worry that another person will not be able to appreciate it the way you do. I mean, who else will understand how silly yet necessary it is for us to keep our boxes of closed files in the bath tub? (Yes, we have a real bath tub in our office, which we have converted into storage space.)

Oh, the things I will miss when I'm gone. And the things I will worry about! Deadlines and final orders will keep me up at night for awhile as I contemplate the outcome of a trial or the possibility that the Boss might miss a court date. Thank goodness for the internet age, though. As I've told him multiple times (mostly so that I can hear the words outloud), if he needs to know how I do something or where I've placed an item, even in Memphis I will be one phone call, email or text message away.

End of an Era: Part I

2010-03-08T19:05:00.000-06:00

This month marks the sad end of an era. I have been ignoring this blog for the past two weeks, as if non-acknowledgment of the coming change would somehow force everything to remain the same. Alas, it isn't to be.

You may be confused by that opening paragraph, so I will explain. You see, I spent the last weekend of February in Memphis, TN... interviewing for a job. Actually, only a small portion of the weekend was spent interviewing. The largest part was spent struggling with a decision I was not prepared to make.

The interview had sprung up rather quickly after a friend of mine told me his firm was looking for "above average" paralegals. I was not looking for a new job. I suppose a part of me just wanted to know what I was worth, whether I was above-average enough to work at his downtown Memphis firm. As a small-town paralegal with just over two years in experience, I imagined that either a) I would not be hired or b) they would not make me an offer I couldn't refuse. I was wrong on both accounts and suddenly was forced into a situation I had not truly expected. Looking back, I realize that I had made the decision before I even left the office. I just didn't know it yet.

My BoyfriendTheLawyer was happy, of course. A Tennessean himself, he knew that this move would place me hours closer to him, and that the threat of having to take the Alabama bar exam would fade into a vague memory.

I struggled with my decision for two long days. I am a small town paralegal. I am hardworking, focused, and above all, loyal. The loyalty part gave me qualms. Over the past two years, the Boss has opened his practice up to me in so many ways. I am his right hand gal. I am the office expert on filing procedures, record-keeping, and more. I have slowly been creating administrative policies that make us more efficient and more client-oriented. The Boss has given me the freedom to do so. When I try to imagine how to explain my job, my brain crashes. My job description is "do what is necessary." It took me over two years to figure out what that encompasses - how do I teach someone else in only two weeks?

I sat on my decision all day Monday. It was painful and emotional. I was grumpy. The Boss thankfully did not notice. On Monday night, I was asked, "Would this move to Memphis be a step in a positive direction?" The only answer was yes. It was then that I understood that the only reason not to move was my loyalty to my current job. I was giving this loyalty so much weight that it was blinding me to all of the possibilities for growth, the opportunity that was being offered to me.

On Tuesday, as soon as the Boss walked into his office, I plopped myself down in a chair at his desk. I couldn't get the words out, so he said them for me. "You're leaving." I nodded my head and tried to explain that I hadn't been looking, that I was perfectly satisfied with my current position, that it was just too good of an opportunity to turn down, etc. He took it well for someone who knows how much he depends on his paralegal. I tried to explain that I'm sure whoever takes my place will be better, more experienced, more organized. He simply said, "Are you giving me the employee version of the 'there are more fish in the sea' line?" I had to laugh. Breaking up is hard to do, whether it's with your significant other, your family or even your boss. Leaving those who depend on you is always difficult.

After a few days of self-doubt and wishing someone else could make the decision for me, I finally settled down. The Boss will find someone to take my place. Though it saddens me to imagine someone else sitting in my chair, if I can't be there it is my hope that the person who is will be a step up from me.

I'm embracing the future now and whatever it will hold. I am jumping from one supervising attorney to nine. From a solo practice country office to a mid-size downtown law firm. From cases that last months to cases that last years. From a new and growing firm to a stable, established firm. I will miss all of the things I have know for the past few years. I will miss the clients, the Boss, and the sweet freedom I have working with a small town lawyer. But it is time to step forward, to challenge myself with a new place and new work, and hopefully to realize my true potential as a paralegal professional in the greater legal community.

The iParalegal

2010-02-22T20:54:00.001-06:00

I finally broke down and purchased an iPhone this weekend. Below I have provided a list of my favorite apps so far.

1. The Milebug Lite: I drive regularly for my job, and remembering to log my mileage when I make it back to the busy office is quite a chore. The Milebug allowed me to log my milege instantly. It also calculates the value of the trip automatically. Easy peasy!

2. Notes: okay so I know this app isn't anything special on the outside. However, one of my paralegal duties is to inspect the properties at HOAs that we manage. Until today, I would have had to remember to take paper and a pen with me. Since I only have a hundred things going on at the office at any given time, sometimes it is not easy to remember these small but necessary items. And even when I did remember these things, I still had to keep up with the list. Enter the Notes app, which actually comes installed on the magic phone. Now I can take notes directly to my phone then email them instantly to myself. Once again, easy peasy.

3. Words with Friends: Every busy professional needs a few mini-outlets each day. This app provides both a short break and interaction with friends. It is basically another version of the beloved game Scrabble. You play back and forth with a friend either all at once or throughout the day or week. My Boyfriend the Lawyer, who currently lives seven hours away from me, and I have been playing a game for the past two days. When I need a short break at work, I take my turn. When he takes a break, he takes his. Being busy people with demanding jobs, these breaks are few and far between; however, they are a welcome interaction at short intervals during my day.

4. BlogPressLite: This post exists because of this app. No longer do I have to strain to remember some blog idea after hours of waiting to get to my computer. If I have something to say, I get to say it right away. Like magic. My brain says thank you.

I am sure I will find even more useful apps as I go along, but these few have already changed my life. If you other iPhoners have any suggestions, let me know!

- Posted using BlogPress from my iPhone

Legal Aid and Paralegals

2010-02-21T10:11:00.000-06:00

As a young paralegal still feeling out the ethics, for a long time I did not understand the difference between legal information and legal advice. I believed that everything was legal advice, and that even the simplest procedural questions with the most concrete and consistent answers that had nothing to do with an individual situation had to be passed to the Boss. I did this out of a wariness and fear of inadvertently crossing into the no-man's-land of UPL.

As I have grown and developed as a paralegal, I have learned better ways to gauge where the line is. I've gathered examples of questions that can be answered without hassling the Boss. "What is a summary judgement?" "How long does a defendant have to file an answer after she has been served in small claims court?" "Where is your bathroom?"

However, EnidNews.com, a local Oklahoma news source, is reporting that a Legal Aid Services paralegal will be meeting Thursday with Garfield County, OK seniors "who need information on a legal matter or have questions."

Jerry Clay, the paralegal speaking at the forum, is quoted as saying, "Many seniors and those with hearing impairments, prefer to discuss their problems in person, and meeting at NODA makes it easier to review legal documents."

While I am sure there is a way to hold such a forum without giving actual legal advice, it sounds like quite the challenge. In fact, reviewing legal documents with someone sounds exactly like providing legal counsel, unless the review is only for editing purposes. Or I suppose, unless the paralegal is gathering issues together to consult with an attorney before relaying any advice back to the seniors. The article, unfortunately, does not go any further in describing the services being rendered.

I do not know Oklahoma's UPL laws, but I have noticed in my personal research that in at least a few states, Legal Aid paralegals provide lawyer-type services to individuals without direct supervision or client contact by a licensed attorney. Oklahoma may be one of these states. Or perhaps it isn't, and the legal doc review and discussion of legal problems described in the article does not constitute the practice of law in Oklahoma. Whichever the case, I find the assistance described in the article to be a wonderful thing.

The Politicking Paralegal

2010-02-18T22:32:00.007-06:00

It may just be the season, but I have been noticing more and more paralegals entering the political arena in 2010.

In Arizona, paralegal Amanda Reeves has been chosen to replace Sam Crump, a lawmaker who just resigned his Legislative District 6 House seat to chase his other political dreams. She was chosen over two other candidates: a U.S. Army officer and a trauma surgeon. I would say she was in good company to begin with.

Meanwhile, a licensed paralegal in California is planning on challenging the incumbent public administrator for his position in June. This story comes with a twist. Colleen Callahan is trying to unseat her former boss. (There's one reason to always be nice to your staff, people.) Says Callahan, as quoted by the Orange County Register, “I know it’s a long shot, but it’s not right for him to be there,” Callahan said. “I’ve seen so many people hurt and great employees he pushed out. We’re there to service the public.”

As someone who likes to be involved in my community, I understand the desire to get out there and make a difference, whether small or big. I encourage any other paralegals out there contemplating a career in politics to jump right in! It can be as simple a move as joining your local planning and zoning commission (I volunteer on my town's, and it is veeery interesting) or as big as announcing a run for state congress. Either way, make the differences you can make, doing what you do. The important thing is to be involved in a positive way.

[2/21/10 Editor's Note: Thanks to Vicki Voisin for pointing out that despite the language of the article in the Orange County Register, no state currently licenses paralegals. I assume the correct language here is "certified," though I am basing that on a best guess. I do not personally know Callahan's certification status.]

Another Office Romance Gone Downhill

2010-02-16T18:39:00.012-06:00

It's a tale as old as time - the intraoffice love affair. But it's one that can wreak havoc on your life. Literally.

In 1989, it ended the life of a newly wed legal assistant. Being dumped for a younger woman her husband had met at the office was too much for Elisabeth "Betty" Broderick, who shot and killed her nemesis and the ex while the two were in bed together one night.

There are several good reasons not to engage in a romantic relationship with someone in the office, especially if that someone can make or break your career and is also married. Until I read this story, though, it never occurred to me that one of those reasons is personal safety.

So beware, my paralegal brothers and sisters, when seeking love, try to avoid the married co-worker or boss. It might save both your reputation and your life.

Glub Glub Glub

2010-02-09T11:54:00.002-06:00

For those of you who do not watch that Grey's Anatomy of legal dramas The Deep End, I've decided to keep you posted on the wild and crazy (and completely unrealistic) antics of its as-yet-unrelateable characters.

In the third episode of the series, Addie and Beth are horrified to learn that they are representing the defendant in a sexual harrassment case. I suppose law school didn't teach them that even a defendant needs representation. Even if the defendant is completely guilty of doing exactly what he is accused of. Like speaking to women as if they are choice cuts of meat.

Meanwhile, our character with hero-issues, Dylan, tries his hardest to keep a pregnant woman from being sent back to China, based on the fact that her baby is an American citizen. Whether it's legally sound or not, his argument makes logical sense. The baby, he argues was conceived by at least one American, and the pregnancy has reached the state of viability. Therefore, since in criminal law, anyone who killed the baby at this stage would be tried for a homicide, the unborn yet viable child has a right to due process. I like it. If we ever have a similar case at our firm, I wonder if we can cite to the Deep End transcript?

Because Liam decided to get all wooey with Beth and Addie is having some weird love connection with Malcolm, there wasn't much room left in the script for more legal adventures. Stay tuned for next weeks rundown...

"Paralegal" Wins Against Summary Judgment, But Will He Succeed In Trial?

2010-01-30T08:47:00.007-06:00

The Daily Inter Lake, a Montana newspaper, is reporting that a self-named independent paralegal has prevailed against the attorney general's summary judgment motion, which stated that his advertising had been "deceptive as a matter of law." Of course, while the judge may agree that the case needs hearing, paralegal Jerry O'Neil is more cautious than optimistic. The newspaper quotes him as saying, “He indicated my ads were not deceptive, but that was the only motion before him.” If the case makes it all the way to trial, Mr. O'Neil, a former state senator, seems to face charges of unauthorized practice of law and deceptive advertising.

A few things interest me about this case. First, apparently Mr. O'Neil enlists the help of attorneys for his document preparation, paying them to review his completed documents before filing them for his clients. Second, the judge himself noted that the Montana Legal Services uses non-attorney volunteers to perform many of the same functions that O'Neil says he performs, and that the volunteer-prepared documents do not even receive the benefit of attorney review.

The judge has pointed out a major discrepancy in Montana's system, it appears. If Mr. O'Neil is having attorneys review his work, it should be assumed that such work is higher in quality than documents which do not get the benefit of attorney review.

I will also note that my office works in the same basic fashion, except that I do not pay the Boss for his review of my work. Still, I draft a Will based on a form the client has filled out, he reviews it, most of the time it needs no alterations, and then we deliver it to the client.

Another point of interest is that Mr. O'Neil had legal trouble with his "independent paralegal" practice in the past and had since changed his advertising to conform to previous injunctions. The judge in his current case is quoted as saying, "O’Neil claims he has complied with the permanent injunction and is not violating MCPA, as he is not providing services that only a lawyer can perform and is now [sic] working under the auspices of an attorney.”

Of course, I am not going to opine whether Mr. O'Neil is guilty of UPL or violating any other law in the state of Montana. I am not familiar with Montana's UPL laws. Neither am I familiar with the Montana Unfair Trade and Consumer Protection Act. However, I will suggest that if he is performing services with the benefit of attorney review which are the same services non-attorney volunteers perform without attorney review, it would seem unfair to both him and his consumers to deem his work the unauthorized practice of law.

[Editor's Note 1/31/2010: Further investigation into Mr. O'Neil's situation, aided by a reading of Practical Paralegalism's story on the topic, led me to the 2006 Montana Supreme Court opinion in an earlier case regarding Mr. O'Neil and the unauthorized practice of law. It can be found here. It may be noted that in the earlier case, the court described Mr. O'Neal as having readily admitted to "drafting pleadings for his customers, providing them with legal advice and appearing in court with his customers," actions the court (and probably any sensible person) deemed to be the practice of law. Still, the facts of the new case seem distinguishable to some extent from the earlier case, so it should be interesting.)

Another Dive In

2010-01-29T18:00:00.002-06:00

I caught the second episode of the infamous Deep End today, and I was pleasantly surprised that while it did not improve much, it was not worse than the first episode.

I still feel as if the women are the only interesting characters of the whole bunch, and that the men exist simply as plot instruments. But I was sad to see that it appears the most interesting character, Katie the paralegal, is already irrelevant to the show. Her budding relationship with What'sHisFace FirstYear came to a screeching halt when her other relationship with one of the partners fell apart. Let this be a lesson to all you young paralegals out there with amazing hair: sleeping with the boss is a baaaaaad idea, especially when his wife is also your boss. Not only can is screw up your social life, it might wreck your career. Or at least, it will force you to take your career to Montana, and no one wants that.

I'm still smirking at the various unrealistic story lines. Like the fact that the first-years are taking on their own cases within two weeks of being licensed. Or the crazy client antics. And who are all the beautiful mystery ladies constantly showing up to kiss the British/Australian guy? Are they other lawyers? Other paralegals? Secretaries? Prostitutes? We have no idea where they are coming from.

All in all, I'm disappointed that they seem to be getting rid of Katie the paralegal. Aside from the fact that she has failed the bar exam FOUR times, she seems pretty proficient at her paralegal job. When she is not sleeping with coworkers or the boss or pissing off another boss by sleeping with her husband, she is researching and helping the first years prepare for pre-trial conferences. In fact, the team work that was exhibited in this second episode between Katie and Beth was actually exactly what I would like to see between paralegals and attorneys.

My only consolation with Katie's departure is that she is apparently being promoted to point person for due diligence with some team in Montana.

Minesweeper

2010-01-25T21:57:00.004-06:00

In recent weeks, I've had cause to imagine myself working in a different city, at a different firm, with (or for, depending on the situation) a different attorney (or attorneys). This idea scares me because frankly, I have it made right now. I am a very picky employee, and my current professional situation is about as perfect as I could ever expect. The work is challenging and fast-paced. Every case is different. The Boss respects me and my contributions. He voices his appreciation regularly. We are a team. Sometimes I think sole practitioners understand the value of their assistants better than any other attorneys possibly could. To the sole practitioner, his paralegal is his right-hand man, responsible for everything from phone calls to bookkeeping to research and writing to the docket calendar. I value that relationship. I like knowing that what I do is important because it makes me work that much harder.

If I were to change jobs, could I ever find this again? Would I even feel as though I had the right to expect it? I am sure I could find a job, but would I be just another legal assistant to an overworked associate? Would my presence, my contributions, my work ethic matter? Or would I be expendable?

I went to a conference this past weekend, where I learned several things:

(1) I don't like it when speakers, lawyers and judges no less, make sexist comments while giving their presentations. I like it even less when the women around me laugh and smile at such comments.

(2) Apparently several attorneys in my state and local area do not "allow" their secretaries and paralegals to be involved in the local NALS and NALA affiliates. I have several thoughts on this matter. First, who is my Boss to tell me which organizations I may or may not belong to outside of work? Second, at what point did these lawyers decide that professional development for staff members is a bad thing, and what led them to this conclusion? I have said it before and I will say it again, if I ever have people working for me, I will want the smartest, most capable people I can find who are interested in growing their skills. I cannot find a single thing wrong with those characteristics.

(3) The answer one of our speakers gave to the sometimes problem of seasoned paralegals working with problem attorneys was to "have patience" and "try to help him however you can." If you have tried reaching out to this problem lawyer, and then tried reaching out to his boss, with no success, then my own answer would be to find another job. If 90% of lawyers are decent people with at least average people skills (and I bet the percentage is higher than that), then let the young buck with an ego problem learn on his own how not to treat people while you enjoy a productive work relationship with someone who puts the "civil" in "civil procedure." I am spoiled by my awesome Boss, I know, but we should not reward disrespect and anger management issues with subordination and meek obedience. This is a lesson for people in all types of situations, not only for legal professionals. We must be engaged and interested in our work. But to do so means that we must realize ourselves as part of a team, not as work mules being prodded and whipped by the inexperienced plow boy. I am a huge fan of communication. If you do not work in an environment where you can communicate any issues you have and be heard, then it's probably time to find a place where you can.

My fear is that if I do have to find another job, I will get stuck with a sexist boss, or a nonsupportive boss, or a boss who likes to yell and assert authority just for the heck of it, who does not know how to communicate in an effective and productive way. I worry because even though I know these are the exceptions to the rule, the exceptions exist, like land mines waiting silently for me to take an errant step.

Splash!

2010-01-23T18:04:00.004-06:00

After watching the series premiere of the new legal drama The Deep End, I have a few thoughts (beware of spoilers!):

1. The paralegal does have amazing hair. It must take hours to fix.

2. The paralegal did not choose her career. Apparently she has failed the bar exam... multiple times. Probably because she spent more time on her hair than her prep courses. (Can you blame her?) Still, I know I should understand that it's too much to ask that the writers create a paralegal who is at least slightly empowered in her field (although perhaps not in her personal life... that would be no fun). But I wish someone would.

3. In the magical world of television, an ex parte meeting with a judge to discuss your trial strategy in the case you have before him is perfectly ethical. He will even tell you his ruling before notifying the other party or entering the order.

4. E-filing does not exist in this world. Instead, partners send first-year associates (not runners or assistants) downtown to the courthouse to file motions. Or perhaps e-filing does exist, but the partners just enjoy torturing the associates with tedious and fruitless errands.

5. The writing shows very little personality so far, but one or two of the characters, namely the women, show promise. While the men seem flat and predictable, the women characters may harbor some surprises.

6. The show does reinforce the perception (whether right or wrong, I suppose it depends on the firm) of law firms as career fraternities where newbies are hazed unapologetically by the more seasoned guys and gals.

7. This law firm is not as cool as it first appears. Within the first fifteen minutes, we see a mother meeting with one of the first-years to discuss her case, when a receptionist walks in with the woman's son, reprimanding the woman for her son's presence at the firm. So Sterling's client-relations need a bit of work.

8. While I like the looks of their law library, I believe that the majority of young lawyers and paralegals do their research online, or at least on the computer, these days. It looked impressive to show them reading actual books in the library, but since cases in television land are prepped and tried within minutes, I bet online research would be much more time effective for our fictional foursome.

9. Conflicts of interest are never a big deal in television law firms. They barely even acknowledge them.

10. Of course the first thing a high end firm does with its brand new associates in their first week is give them cases to complete on their own with absolutely no guidance. In television world, everything works out well for the clients.

11. Apparently these lawyers don't understand good client communication. Revealing something to your client for the first time while in a meeting with the other side, while it works in television world, is probably not the best idea. It's probably better to let the client in on the news before telling the other side.

But enough with all of my cynical, critical, nit-picking. A show doesn't have to follow real-life rules in order to gain and keep viewers. If it did, medical shows wouldn't always be able to rely on CPR and defibrillators to bring patients back to life.

With that being said, I look forward to next week's episode of The Deep End before rendering my verdict on its potential.

Jumping Into the Deep End

2010-01-20T20:12:00.003-06:00

ABC's The Deep End premieres tomorrow night, and you better bet I'll be watching. At first glance it appeared to be a lawyer's Grey's Anatomy set in a chic fictional law firm that apparently requires a headshot with your resume. I assume that all of the beautiful lawyers will have a lot of sex with each other, presumably in dark closets and otherwise empty offices, much like Grey's. At some point, I can almost guarantee that one of them will have a disastrous affair with a secretary. It sounds so predictable. Then again, I am an avid watcher of Grey's Anatomy.

Still, though it walks and talks like the legal counterpart to Grey's Anatomy, the extended preview I viewed gave out a distinct Ally McBeal vibe. Maybe this drama will be more of a dramedy than I dare hope.

Whichever the case, I have one small wish concerning this new show. I wish only that support staff exist as human beings, not merely as props for weak plots. Of course, if paralegals and secretaries are even seen in this new series, that very fact will put it miles ahead of both the late Ally McBeal and the current Private Practice (another medical drama). Though I have seen every episode of each of these shows, I have never seen a single paralegal, secretary, or nurse, in either of them, respectfully. I know these roles aren't nearly as dramatic and glamorous as surgeons and lawyers, dear ABC, but in real life, they are very useful members of these highly technical fields.

Russian Phone Roulette

2010-01-19T21:25:00.004-06:00

One of the trickiest parts of my job is knowing when to stop a conversation. This challenge arises because of the UPL line, ethical issues, and sometimes plain common sense. Of course, with most people, clients, opposing counsel, and the like, this is usually a complete non-issue. Most people I talk to understand my role as explained to them by the Boss and myself.

But even though clients may understand my role, some of them still find ways to push the envelope. Sometimes the envelope is addressed to "Ethics Dept.," and I avoid it like sin. Other times, the envelope is labeled "irrational" or "stubborn" and I have to find a delicate way to pry myself away from the situation so that I can pass the buzz-kill of a conversation to the Boss to deal with. (Hey, that's why they pay him the big bucks.) In these conversations, clients say things like, "Go ahead and probate the will. I don't want to have to go through the court to do this." Or they might try convincing me that the Boss and I don't understand what a Waiver and Consent form does. Or they tell us to "take the next step" in a process without really knowing (or asking) what that next step is.

In these instances, my role has been to let the Boss explain the situation in detail. However, when the Boss is unavailable, these become some of the most difficult conversations to end. When I say, "I will have the Boss call you back to explain this matter," the callers seem to immediately sense that they are getting something wrong. Of course, in order to compensate, they continue trying to convince me they are right. It's a vicious cycle that can eat up precious minutes in the day. Then again, upon reflection, it's a silly cycle, too. It makes the routine act of picking up a phone feel a little like Russian Roulette (without the danger of bodily harm... usually).

My Screenplay Idea

2010-01-14T09:06:00.004-06:00

The Boss: (In letter) Dear Client, we told you several months ago that if you wish to pursue your case, you'll need to move forward by a certain date. After that date, your claim might be barred.

[Time passes.]

Paralegal: Hello, Mr. So-And-So, please contact us at your earliest convenience, preferably before _________(date).

[Time passes.]

The Boss: (In letter) Dear Client, after ______(date), we may be unable to pursue your claim because it will likely be barred by the statute of limitations. If you wish to move forward, you must contact us immediately.

[Time passes.]

The Boss: (to The Paralegal) Well, we've done everything we can. Just let it go.

[The critical date arrives. The Paralegal is checking afternoon messages, and one of them is from the Client.]

Client: I would like to come in to discuss my case to get ready to sue these people. How about next week some time?

[Camera pans to Paralegal's face; fade to black.]

The Good Days

2010-01-11T21:07:00.004-06:00

Today was a good day. It was a rewarding day. It was very satisfying. I could go on.

Today I went to court with the Boss for the first time. Actually, I met him there, but I was there nonetheless. He was appearing in a matter that has been, in some form or fashion, dragged out for years. We went in today hopeful and optimistic, but not sure by any means. By the end of the day, I was walking on clouds. If I felt that amazing, I cannot imagine how the client felt.

But it all began with an email from the Boss: "We're about to get started if you want to come." (I had been at the office hard at work.) I took stock in my clothes. Never having been in real court before (as opposed to "fake" traffic court), even as an observer, I had no idea what people wore. The lawyers always wear suits, but they are supposed to. What does someone who is not a party to the proceedings wear? I decided that overdressing would be better than the alternative, so I rushed home to slip into a suit (one that was purchased two years ago in the juniors section of a discount store, I might add). I could have worn a nicer skirt suit, it is true, but it was so cold here this morning that my hot water froze. I was not going to subject my legs to the same kind of torture.

I arrived just in time to walk in as all the witnesses were being shooed out. The Judge looked over at me and asked, "Um, are you a witness?" She was about to send me back out the door, but the Boss assured her I was meant to be there. Then commenced the hearing.

I've never seen the Boss in action. I suppose it was exactly what I would have expected. Having worked with him for over two years, I'm pretty familiar with his mannerisms. I was more interested in the Judge, her assistant, the court reporter, the other lawyer, and the other lawyer's client. This being a small court room, there was nothing grand about it. The first row of benches opened directly to the folding tables reserved for the parties and their attorneys. The court reporter sat directly in front of the witness stand doing her thing. I was surprised that the Judge had a laptop open in front of her. In fact, much of her attention was directed toward whatever she was doing on it. Her assistant sat to her left and was working on her own laptop.

The proceedings were formal enough, but not extremely technical. When someone had an objection, he stated it, mainly speaking in a low tone toward the other attorney. The Boss and the other lawyer frequently approached the bench (or rather stepped a few steps toward it from their tables) to discuss the merits of an objection. All the while, I saw prim and proper, drinking in the scene. After the Judge called for a recess, the Boss waved me up to the bench to introduce me to her. I guess to assure her I was not a wayward witness but rather his harmless paralegal.

Fortunately for our case (but unfortunately for my desire to see more of the hearing), circumstances prompted a settlement of sorts. During the waiting time, I spent time in the lobby with our client and the client's family, who made me feel right at home with them. When the Boss came over to give the client an update, he at some point jokingly called me smarter than him. The family all laughed. As he walked away, the father said with a wink, "So your Boss thinks you are smarter than him."

"Not so," I answered. "He is the brilliant legal mind. I am merely his assistant. The Watson to his Sherlock Holmes."

"Ah," said the father, "But what was Sherlock Holmes without Watson?"

At the end of the day, all was well with the world. Almost all, anyway. All enough to count, that is. There were hugs and smiles and sighs from all, and a cautious sense of relief from the Boss. Today was a good day.

Return of Rule Four

2010-01-09T16:48:00.003-06:00

I've mentioned before that the two counties in which the Boss usually practices are vastly different from each other in terms of court procedures and judges. We have learned a lot over the past year regarding the way Mobile County courts run and how their judges make decisions. In one memorable "teachable moment," a Mobile County judge asked me, "Have you read Rule 4?" (That was the moment I told the Boss a judge was on the phone for him.)

Well, we recently received a judgement in our favor in Mobile that did not satisfy us one bit. Knowing that no Baldwin County judge would have ruled that way, the Boss asked me to call the judge's office to make sure we understood the reasoning behind the order. Since this was the Rule 4 Judge, I of course brushed up on my reading of that particular rule before calling. Since this was also the judge who answers his own phone, I braced for impact as I dialed the number.

By the time I called, I believed I had figured out exactly why we had received the unsatisfactory order. I was ready to speak to our Judge himself, but in a moment of good fortune, his assistant answered. I explained to her that, while I believed I knew the answer to our question, I needed clarification before bringing the answer to the Boss. However, the very order itself seemed to confuse her. From what she said, I could tell that she had been the one who drafted the order for the Judge to sign. Still, upon hearing my question, she told me she would ask the Judge and get back to me.

Flash forward two or three hours, and the phone rang. I did not hesitate in picking it up because I could tell from the number on caller ID that it was the Judge's Assistant. I was wrong. It was none other than the Rule 4 Judge himself. He, too, seemed quite confused about the order, which saved me from sounding like a blubbering fool this time. Of course, as we were speaking about legal things in regards to a particular case, he asked to speak to the Boss (who is the representative of the client, after all), and my hands were cleaned of the matter.

After their conversation, the Boss give me the rundown. It turns out, I had already discovered why we received the unsatisfactory order. Thanks to Rule 4. And I suppose, thanks to the Rule 4 Judge who intimidated me into reading through it once more before calling his office.

As for the Boss and me, now we know for sure.

The Destruction of New Year Resolutions

2010-01-05T20:03:00.005-06:00

Oh the things I was going to do this year! I was going to exercise daily, eat at least one piece of fruit each day, and most importantly, send out monthly status letters to clients.

Thanks to the brutal cold and other dead-of-winter realities, I'm finding that the exercise resolution is more a dream. Knowing that it is too cold to run outside right now and too dark when I get off of work to bother anyway, I set my alarm clock for "early" this morning so that I could work out to a DVD in my apartment. I woke up "early" but snoozed through to "late" thanks to the below-freezing temperatures outside of my thick blanket of blankets. Except for the quick run from my door to my car and the intense yet involuntary shuddering which was the result of my exposure to the frosty air, I am sad to report that no actual exercising was accomplished.

But that's okay. There's always tomorrow. In the mean time, I'm eating better, right? It turns out that eating at least one fruit a day is harder than I thought. I should have started last night, but I didn't want to eat fruit before bed. I'm not sure why, but it did not seem right. And everyone knows you don't eat fruit for breakfast unless you're having a big breakfast. Fruit on an empty stomach is not good. I barely got to leave the office for lunch, so I didn't make it to my apartment for that apple. And here I sit at night, already fat and happy from a soup and salad dinner. When oh when will I find the right time to add a healthy piece of fruit to my diet?

Perhaps the most insufferable disappointment is that I have not mailed out the inaugural batch of monthly status letters yet. To be fair, I have worked a total of two days, only 16 hours, in the new year. I have twenty-something more days of non-mailing before this project becomes a total failure. But I am discovering that this extra work just makes my stack of other to-dos seem taller. Because status letters are not urgent, I fear that I will put them off until next year by accident. Do you ever have that dream where you have forgotten something extremely important and only remember when it is far too late? I'm going to keep having that dream until I send these letters out. They are the monster under my bed.

After such a stress-free holiday, the real world is causing me to re-evaluate all these crazy "goals." Perhaps I need to give up a resolution or two. Tomorrow, I think I will eat chocolate all day, move as little as possible, and then, just maybe, get those status letters done.

Holiday Gift Giving at this Paralegal's Firm

2009-12-28T17:56:00.005-06:00

Every once in awhile, one of my guilty pleasures is to visit Bitter Lawyer or some other website full of equally snide, vile, or snarky comments from the ranks of the unhappy lawyer world. I'm not sure why I look specifically for unhappy and sarcastic lawyers... perhaps it is because I have not found a site for unhappy and sarcastic paralegals yet. The comments seem to perk my mood in much the same way soap operas do. Reading them makes me realize how good my life really is. If some fellow making four times my salary working in a firm with marble floors and taking home a bonus the size of my yearly paycheck is unhappy with his life, then my little ol' apartment, broken TV and barely running car seem less tragic.

So when I found the Above the Law open thread, Making the Holidays Happy for Your Secretary / Administrative Staff (thanks to Lynne DeVenny at Practical Paralegalism), I jumped for joy. With all of the painful delight that tonguing a loose tooth brings, I read some of the super bitter comments with a smirk. Not all of them were horrible. There exist, after all, wonderful people in the legal field. However, very many of the comments seemed to come from people who were unhappy with their assistants (or maybe just their lives).

While I feel devilish for taking a little pleasure out of the pain of these commentators, I can't help but feel that many of them bring it on themselves. For instance, # 27 suggested, "give them more paper. That's all the bonus secretaries want anyway."

Number 35 suggested, "CHECK YOUR SECRETARY. If she's not working right now her bonus should be $0." Number 35 should look up the word "irony" in the dictionary and hope his/her supervisor doesn't read Above the Law open threads.

Number 42 was going to give his secretary a take-out box of his lunch leftovers while Number 55 thinks his secretary has a bad attitude because she's "taking orders from someone half her age." (Methinks the problem might not be the age difference...)

And it looks like Number 103's deep seeded respect for firm staff, as exhibited in his response to a secretary's remark, will get him far in life: "What exactly are you "knocking out of the park" for your boss? The work you do isn't exactly cerebral....do you consider formatting a document to be "knocking it out of the park?" You sound out of touch with reality."

Some of these guys needed to take the advice of Number 63, who said, "if you're willing to be cool with the secs who hook you up, you'll find life easier in big law. that [sic] being said, secs like that are rare."

Fortunately for me, my Boss is not the Bitter Lawyer or ATL type. Though I didn't expect a thing, he walked into the office this morning and handed me a beautifully wrapped box. Inside were four long-stemmed wine glasses with fun yet classy polka dots all over them (which I'm sure the wife picked out - thank the good Lord for Bosses' wives).

I'm not sure what I did in a previous life to somehow avoid working with jaded, depressed, or elitist attorneys in this one. Sometimes those attitudes seem rampant in the legal field. Thankfully, at least in my part of the world, such personalities are few and far between.

Oh, and lest you worry that I didn't do my part in the holiday exchanging of gifts, I gave the Boss a very manly candle (oxymoron?) for his office.

Country Clients Are the Best

2009-12-21T19:35:00.003-06:00

As I begin this post, I'm lamenting the fact that all the holiday goodness going on has kept me from posting as much as I should over the past couple of weeks. But here I sit, wearing an odd mix of comfy/work clothes, taking a time out before I finish sloughing off the work day, writing to give you, dear reader, a sense of what the holidays have been for me so far. Only then will I complete the transformation from WorkMel to PresentWrappingVeggingOutMel.

I basically want to take a moment to praise country clients. As a small town paralegal, I do not make a top bracket income. My firm does not have marble floors, we barely have enough room for our closed files, and sometimes my Boss walks around the office in his socks. (Though, to be fair, he does wear shoes to court.) My point is that we are not fancy shmancy or rich.

However, we are wealthy with good clients. Last week, as I was speaking to the clerk's office on the phone, one of these clients walked in the door holding two Christmas-tree-shaped platters full of cupcakes and cookies. One for the Boss, and one for me. "Ho ho ho," she said, before slipping back out the door, presumably to continue making the rounds with her homemade goodies.

One of our small business clients came by later with a basket full of canned deliciousness. Not your store-bought canned goods, either. I'm saying, someone picked these vegetables then spent all day canning them. We had pickled string beans, pickled okra, homemade tomato juice, homemade pepper jelly, and even a bottle of homemade blueberry wine.

By the end of the week, we also had a very pretty candle holder that I intend on sitting at my desk after the holidays, once the holiday decorations come down. (I'll have to sneak it off the Boss's desk first, though.) The two attorneys down the street, who get some of our referral business, even brought by a huge basket of gourmet crackers, cookies, chocolate and popcorn. 'Tis the season to eat, I guess.

And that's what we're doing right now. We divided the canned goods and each took them to our respective homes. I got the blueberry wine - cha ching! Everything else is sitting at the office begging me to eat it... and I'm trying. Aside from edible wonders, we've also receive countless Christmas cards wishing us well and thanking the Boss for his efforts in various cases.

We have the best neighbors and clients a law office could ask for. While receiving gifts is always nice, it is the meaning of the gifts and cards that gives me great joy. Every gift or card is the equivalent of someone saying, "You've impacted my life in a positive way, and I appreciate you." I'm not sure anything can beat that.

Now, off I go to finish wrapping those gifts.

'Tis the Season...

2009-12-16T09:52:00.004-06:00

The season, that is, for your author to find herself so immersed in holiday goings-on that she barely has time to pen a blog entry or two. But while my extra-curricular self is basking in the busy and joyous holiday season, my office self has time-travelled to the New Year. I'm making all sorts of resolutions for 2010 as we speak. While I'm sure to add more, I have compiled a short list of projects I am going to begin when I get back from the holidays. Because I don't have several years of experience or an attorney with several years of experience using an assistant, please feel free to leave your own suggestions. I might just add them to my list to help our office become as productive and efficient as possible.

1) Monthly status letters. I've always wanted to do this, but I have gotten so bogged down in my many other duties that it has been pushed to the side for far too long. I'm not saying we don't keep in touch with our clients. We definitely do. I already send letters for every step of a case. But it is my goal to start sending letters even between steps, just to let the clients know we have not forgotten about them during a period of waiting in the case. I intend to give clients a rundown of their case over the entire previous 30 days as well as a heads up on what is to come. Again, while our office already keeps in touch with most of our clients on a week to week basis, I believe the monthly letters will provide a big picture view which will help explain how much progress has been made or perhaps why little to no progress has been made in certain situations.

2) Working 30 days out. I got this idea from Linda Whipple, who was quoted by Mr. Mongue at The Empowered Paralegal in his entry entitled "Combating the 'Hire an Out-of-work Lawyer as a Paralegal' Trend", as follows:

"I also work 30 days out from a deadline – got a pre-trial conference coming up? I’ve already set up the attorneys’ meeting, exhibit exchange (meaning I have my exhibits already prepared and ready for trial), and provided a draft of a pre-trial statement to my boss – this is a signal to Bob that we are now moving from 'pre-trial' mode to 'trial' mode."

While the Boss and I have a pretty smooth work flow, we have not yet reached a pace of 30 days out on anything. Sure, I look thirty days ahead just to see what is coming up, but preparing him for trial a month ahead of time? I had never even considered it until I read Ms. Whipple's comment. Granted, every practice is different, and with only two people in our office and my job duties including everything from taking out the trash to emergency case research, it might be nearly impossible to create trial notebooks and summarize depositions without another set of hands. Still, I would like to come as close to meeting that mark as is humanly possible. There is always room for improvement.

3) Paper - less. Yes, I know I had the audacity to denounce paperless offices once on this blog, and I still don't believe going completely paperless is time-feasible or within our means right now. However, since I have actually begun to think about it, and since we are running out of filing space here at the office, I am starting to see the benefits of using less paper. So, I'm going to focus on saving our electronic notifications to file rather than printing and filing them. I'm going to email clients when feasible and appropriate. I'll even try saving online research materials to file rather than printing them out. While we cannot go completely paperless, I believe being paper-less will have its benefits.

4) Curtains or shades for the front windows. What does this have to do with office administration? you might be wondering. Oh, dear reader, everything. On sunny winter days, I sit in a pool of sunshine. Beautiful though it may be, it is hotter than hot. Our big shop-style windows bleed heat into the office during the winter because the sun is angled at us from the south. This keeps our heating bills low, but it also keeps me in a constant state of persperation. I keep telling myself we need curtains or shades (something 50-60's style, to make us look classic), but I never remember long enough to do anything about it. So, starting in 2010, we will have shades.

There you have it. My super short list of resolutions for the new year. The Boss doesn't know about these yet, but I believe when I bring them up, hopefully this week, he'll be on board. In the mean time, I still have a few weeks before the New Year. If you have any tips or suggestions you believe could help a small law office (or me), please don't hesitate to leave your comments here.

Don't Mess With the Help

2009-12-10T21:52:00.002-06:00

Title aside, I don't usually describe my job position with words like "the help." But it is helpful to look through the lens of a legal outsider from time to time, and when I do so, I have to face the fact that many lay people who don't know any better see me as just that. Still, their opinions usually take the outward form of helpful condescension or unknowing patronization, and while my ego may get slightly scuffed, I can usually laugh it off. Until today.

A call came through the office with a very minor administrative question, which I was able to answer with no problem. However, when the caller began asking for legal advice, I began the "I can't answer that question, but I'll have my attorney call you back to discuss it" routine. I cannot count how many times I had to repeat that phrase. Somehow from there, and with little to no involvement on my part, the caller realized he was angry for something that I still could not help him with. He proceeded to take his anger out on me before hanging up furiously.

I was dumbfounded. A simple conversation with a simple answer had suddenly erupted into a bitter display of what seemed like unfounded anger. I admit I got a little self-righteously ticked off and may have forgotten myself for a moment and slammed the phone down on the receiver. When I took a few deep breaths, I decided to be the better woman. I called back only to receive voicemail after several rings. I left a message regarding our "disconnection" and let the caller know that I would pass his message onto the attorney.

Then I tattled, or at least, that's what it felt like. I ran through the entire conversation with the Boss because when you're in a two-person office and something silly or outrageous happens, you have to tell the other person. It's almost a rule.

The Boss was not happy... at all. I have only seen this side of him once or twice before, the "oh no you didn't" side that comes out when someone's actions toward me offend him. It's nice, really, working with someone who has my back. It's also strange and unexpected. I expected him to say, "That happens, now buck up and move on." Because that's what I tell myself. But instead he dialed the caller and made it clear that he had crossed a line. I think the caller may have even apologized by the end of the conversation.

At the end of the whole mess I was left with a bitter sweet feeling. On the one hand, it's nice to work for a person who respects me enough to make sure others treat me with respect. On the other hand, I was unable to fight my own battle, to say anything at all to this person who spoke down to me. In my position as the assistant, not being at all sure about anything this guy was saying, I could neither apologize nor explain. I could only tell him I would pass the message along to the Boss.

The lesson I learned throughout this inconvenient afternoon was mainly this: Don't mess with the help. More specifically, don't mess with a lawyer's staff. If he appreciates them, you will not win any points by belittling them.

It's The Most Wonderful Time of the Year

2009-12-07T21:26:00.002-06:00

Well it's here again, the end of the year. I went through a spell in my late teens and early twenties when I found it difficult to get into the holiday spirit. It seemed mundane, sad even. The end of the year signifies the fleeting nature of time like nothing else. My soul feels addictingly sore, like the misery of pressing one's tongue against a loose tooth as a child. But the past two or three years have slowly relieved me of this strange wintery depression, and I've been re-introducing myself to this magical season again.

I am actually busy this year. While the only parties on my plate since coming home from college have been family get-togethers, this year my schedule is packed with a diverse set of parties. Tonight was the Town of Silverhill's Christmas pot-luck. Of course, I had forgotten all about tonight until around noon today. I had to scurry to the store after work to pick up canned green beans, mushroom soup, and french onions. The only "covered dish" I know how to prepare off the cuff is green bean casserole.

I arrived just in time to eat. For the first time since I started branching out this year, I attended an event and did not feel the least bit awkward. If you've been following my entries, you know that I have been to a few different Chamber of Commerce events and other professional style meetings (like BCALP), with varying degrees of success. It finally appears that putting myself out there is starting to pay off. I'm starting to have fun at these things.

But tonight's town pot-luck was not the only shindig of the season to date. Last Friday night was the Silverhill Christmas parade, which runs through the main street right in front of our office. The Boss always has an open house on that night, and this being my first year full time, I was there. We had snacks in the back and set a table out in front of the office with coffee, hot chocolate and cookies. The office was and still is all decked out in fun holiday attire.

This week I have two more gatherings. The first is a friend's Christmas party, and the second is BCALP's. I've never been to a BCALP Christmas party, but with Dirty Santa and a liquor raffle, it has to be a good time.

While I may seem to be rambling, there is a lesson in here somewhere. I think the lesson is that it's worth it to blaze new ground for yourself, to go out and make new friends and contacts. If I had never joined BCALP or gotten involved with the planning and zoning commission, I would be missing out on two fun crowds and good food this holiday season. And now that I'm finally moving past the awkwardness inherently involved in trying new things, I am finding potential for real relationships with my fellow members of these organizations.

Who Should Set and Control Paralegal Standards?

2009-12-04T10:52:00.005-06:00

Being only two full years into my paralegal career, I'm not sure how long this question has been asked. I am willing to bet it has been a regular question since the dawn of paralegalism, though. I keep crossing this question in my perusing of other blogs and articles. For instance in Patty Dietz-Selke's article at Paralegal Gateway, titled "Paralegals are Professionals," she states:

"[W]e have to stop relinquishing control to Attorneys, the ABA, and other organizations or professionals! Paralegals need to step up. We may work for and with Attorneys, but we need to take ownership of our profession starting with the education of our new/prospective members (Paralegal education/certification). We need to determine our own destiny, set our own course and resolve to approach the legal business/environment from the standpoint of being valuable and significant contributors. "

Robert Mongue of The Empowered Paralegal, in a recent entry, posed the following:

"It is not at all clear that the ABA should be the organization making these determination, at least not in isolation. Within AAfPE (American Association for Paralegal Education) there is some ongoing discussion about whether the ABA is the correct institution to be “approving” paralegal programs: does it make sense to have lawyers rather than educators determining what makes a good educational program, even if the topic being taught it law?"

On the one hand it seems obvious that the ABA, as the apparent standard bearer of legal education, should have the controlling opinion over paralegal educational standards and perhaps even over the ethical conduct of paralegals. First, the ABA is already there as an accrediting institution, whether we all agree it should be or not. It has already developed a set of educational criteria, and while questions remain as to whether it should maintain that sort of subtle control over the paralegal profession... it does right now. Also, an ABA accredited paralegal education looks great to employers, most of whom are beholden to the ABA criteria for their own educations.

Yet at the same time, paralegals are not lawyers. And bar associations all over were created for lawyers, not paralegals. Paralegal education is not "mini lawyer" education, either. It does not only consist of shorter versions of law school classes, and it does not train students to "think like a lawyer," as my Boyfriend the Lawyer calls it. Paralegal education should be tailored to the specific skills and requirements of this challenging and often demanding career. Those skills and requirements, while often similar to their attorney-styled counterparts, are importantly different. We all know or should know that not all lawyers could or should be paralegals, and not all paralegals could or should be lawyers. So why should an association for lawyers be in charge of our careers, our standards, and our educations?

While the two sides I've stated above are very black and white, there is at least one possible solution. Mr. Mongue further states in his entry, "Perhaps we need for all interested groups to chose a representative to a committee to establish a model act – ABA, NFPA, NALA, NALS, AAfPE. It may be there should even be a seat at the table for a group representing “independent” paralegals."

With a group of representatives working in collaboration, I only see good things happening. Patty is correct: if paralegals are to be widely accepted as professionals, we have to take/keep control of our education and standards. Of course the groups for legal professionals listed above by Mr. Mongue are all doing so in their own terms. Now imagine how much more ground could be made if all of them were working together.

All In A Day's Work

2009-12-03T22:07:00.003-06:00

I've been feeling like Wonder Woman the past few days, though nothing exceptionally interesting or exciting has happened at the firm.

Well, I take that back. Interesting and exciting things have happened, though the very nature of the business means I can't tell you about it. Sigh. It's hard to write a blog about being a paralegal sometimes. I have to leave out all the juicy stuff.

Still, I've been drafting complaints and motions and petitions in a whirlwind of paper and bytes. But it amazes me that I have been so busy, and I am worried that the work is going to run out soon. November - January is our slow time at the office, and since the recession took a little longer to hit Alabama, this year I think it will be v-e-r-y slow. Perhaps I should have paced myself, but I am trying so hard to bill right now since the Boss always seems stuck in a meeting or out of the office for some reason or another.

It's not the Boss's fault though. Clients drop in unexpectedly needing to speak with him urgently. The phones are ringing off the hook right now, but so few of the callers are willing to speak with me, the paralegal. The Boss himself had to explain to a client that she could meet with me to pick up her estate planning documents if he wasn't able to be there when she planned on coming in. Though I had already told her this, she kept subtly insisting that the lawyer should be the one to hand her the documents. Sigh. In a way I don't blame them. It's hard for people, especially new clients who do not know us very well, to understand that I am not just the girl who answers the phones and greets them at the door. Because my desk is in the lobby of the office, though, I understand the misperception.

On a lighter note, we recently switched from using Lexis Nexis to using Westlaw, and as a result, we were given some free books. I'm excited because many of these books are full of forms... and for some reason I love forms. They state things ever so much better than I can with my simple words. They make petitions sound elegant and complex. My own writing is very straight forward and no nonsense. Sometimes I wish I had a softer rhythm and larger vocabulary. Then I remember that our judges in Baldwin County seem to favor substance over form any day. I am learning not to assume that all judges are like our Baldwin County judges, though. So perhaps the forms will help us in Mobile County court. Ah the diversity between the two counties' legal communities... but that is a topic for another day.

Why Paralegals Need to Help Market Their Law Firms - by Jay S. Fleischman, Esq.

2009-12-01T13:03:00.005-06:00

When you're a paralegal it's easy to get caught up in the, "I am not as powerful as the lawyer," frame of mind. After all, it isn't your name on the door.

The problem is that the mindset ultimately threatens to become the reality. You're at the mercy of the lawyer, chasing him or her for basic information and bearing the brunt of bad days in court, spousal feuds, and just the notion of, "s**t rolling downhill."

How does a smart paralegal level the playing field and make the lawyer realize the true value of a great right-hand (or left-hand) man (or woman)? Simple, really - start bringing in business.
Did you think I was going to recommend that you become better educated about the law? Better organized? Show up on time? Not so, dear reader.

Because the reality is that the law firm is a business, and that business runs on profit. Without profit, there's no firm. No firm, no job for you come to Monday morning. And this reality is made all the more pointed when you consider that increased competition and a harsh economic landscape is causing more law firms to downsize and even simply vanish.

When you take a hand in your law firm's legal marketing efforts, you are getting closer to the firm's target audience - the people who can benefit from the services your office provides. You're not hawking wares on the street, you're educating people and hoping to guide them into your firm.
In so doing, you enable your firm to bring in more clients and, ultimately, make more money. When you do that, you force the lawyers to look at you with respect; you're not merely some person pushing paper back and forth in a cubicle, you're a valued member of the team. A member who helps pay the rent and keep the lights on.

Is this crass? Not at all. Sure, education and organization matter when it comes to doing your job well. But even the most well-informed paralegal can find himself or herself on the unemployment rolls if there isn't enough work coming in the door.

So long as the coffers are full, your employer will be more likely to not only treat you with the respect that is due to you, but will also be more receptive to your requests and direction.

After all, it's bad form to bite the hand that feeds you.

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Jay S. Fleischman is a New York bankruptcy lawyer as well as a legal marketing consultant. Visit for tips and insights on how to market, manage and grow a profitable law firm.

My Car Has It Out For Me

2009-11-30T17:59:00.004-06:00

My car has been turning off. While I'm driving. It's very inconvenient. Until last week, the inconvenience and a slight curiosity were the only issues I had with my car pressing pause as I was fast-pacing down the highway. However, because of the nature of my job, it was inevitable that I would begin realizing liability issues.

To bring you up to date, reader, this trouble began several months ago. When it did it the first few times, I was idling at a red light or I had just pulled into a parking spot. The car felt as if I had lifted my foot off the clutch a bit too early, it shook and then died. I took it to the shop and was told it was my battery. Problem solved, or so I thought.

A couple of months later, the sporatic halts began again. Only while I was idling, never while in motion. I imagined it was just old age. Sure, I could take the car to the doctor and get her all fixed up, but I could also deal with the age issues and save a ton of money in the process. I opted to save. But when all the lights on my dashboard lit up and my power steering went out a few weeks ago while I was running at a brisk 55 miles per hour, I decided that a tune up wouldn't be so bad.

The mechanic diagnosed a faulty sensor that was telling my car something was wrong and that it needed to turn off. They changed it, and I went on my merry way. Last week, just as I was driving down the same stretch of dark county road, my car shuddered and turned off again. I sighed as we coasted for a second, then turned the key and restarted her up. Now, I should have immediately taken it to the shop. However, real life does not work that way. I still needed a vehicle to get around.

When the car turned off as I turned into the post office, and the power steering shut off so that I had to put all my weight behind the wheel to turn and roll into the parking lot, glancing behind me hoping to heaven that no one was barrelling down on me from behind, I realized how bad the situation was. If my car's bad habit were to result in an accident, guess who would be at fault...

The good news is that I got it into the shop first thing this morning. The not bad news is that I drove it when necessary over the Thanksgiving weekend without even the slightest incident, no shudders or shut downs at all. Especially no wrecks, no insurance companies wagging their fingers at me, and no law suits. I guess that's something to be thankful for.

Naughty or Nice?

2009-11-23T22:11:00.003-06:00

Several days ago, Lynne DeVenny at Practical Paralegalism asked "Who's the nice one on your legal team?" On my team, it's me. I admit that I need to grow teeth in some areas, but I also enjoy that legal work requires a sense of professionalism and civility. To me, lawyers act as a sort of buffer for the client. Their job is to advocate vigorously, but to focus on their legal strategy, not to begin personal feuds with opposing counsel.

Ideally, two attorneys should be able to meet in court (or on some other field of play), argue their points, and shake hands amicably at the end of the matter. Ideally, it is not the best arguer or the most sarcastic voice, but rather the strongest legal argument that wins. When someone gets personal in an argument, the only thing I hear is that my rival is losing his message.

Still, many lawyers (and their staff) get caught up in the moment and spew viciousness that goes beyond the argument to the person. I've seen it in letters prospective clients have brought in from other attorneys. I've seen it in letters other lawyers have written us. I have even found it in court filings.

Now, I partially understand the purpose of being rude and intimidating in letters to the lay opposition, though I cannot in good sense commend it. I suppose those who engage in it believe that the meaner the letter, the more likely the debtor is to respond out of fear. In my own experience, the best way to get a debtor or defendant to pay up or to contact you to work out a deal is to be very nice. The people who generally pay quickest and easiest or call immediately to work out a deal are those who believe we at the law firm are good people just looking out for our clients' interests. If we put them on the defensive, they tend to disappear.

I even understand sending opposing counsel a harsh letter every once in awhile, although the most effective negative letters are the ones that focus only on the merits (or lack thereof) of the case. It seems counterproductive to me to make opposing counsel angry because in that case you are even more unlikely to work out a settlement or come to agreements on a variety of other issues that will arise during the course of the case. Besides, the legal community is so small, you will likely work with or against that person again. Even if you don't, word gets around. It is much better to be known as the nice guy who advocates professionally than someone "I wouldn't turn my back on."

Even worse, though, it makes no sense to me to place snide comments in a court filing for the Judge to read. I highly doubt judges enjoy reading such distracting and embarrassing garble. Sure it feels good to be snide sometimes, but that is why they made the Delete key. Type it out, feel the anger, then delete and enter something professional and seemly. Or hand your draft to a co-worker who will nice it up for you. When a motion or response is riddled with ridicule, it is nearly impossible to trust the author's argument and sincerity. It is also unprofessional to attempt to make the other side look bad just for the sake of making the other side look bad. This can backfire in so many ways. Besides, the best way to make the other side look bad is to win the argument through intelligent research and skilled argument.

So when it comes to being naughty or nice, I choose nice. Respect is not earned through fear or intimidation, but through proven proficiency.

Good People to Know: Court Reporters

2009-11-18T22:26:00.003-06:00

Last night I attended my monthly BCALP (Baldwin County Assoc. of Legal Professionals) meeting. We meet at a local restaurant one evening a month to eat, chat, and learn. We usually receive a 1/2 hour CLE credit for whichever topic we visit. As I am sure you can relate, sometimes we really learn something, other times I feel like using that 1/2 hour toward my CLEs would be cheating. When our meeting began last night, I felt sure that I would be setting aside that CLE certificate for the benefit of my conscience. However, I was pleasantly surprised.

Our guest speakers were from Freedom Court Reporting, which, if you are not familiar with them, is a very large court reporting service. In my neck of the woods they are known for their awesome free gifts and homemade chocolate chip cookies at conferences. Sadly, I have no real firsthand experience with Freedom because our office rarely hires court reporters. Even when we do, neither we nor our clients can really afford Freedom.

All that being said, I learned more about court reporting during this 1/2 hour CLE than I thought was possible. For instance, I learned that a "dirty ASCII" is a depo transcript straight from the scene, no editing. I learned that a witness can make changes to his or her testimony at any point, even at the end of the deposition. I also learned that the witness has the right to review his or her testimony. This makes sense, of course, and it's in the Federal Rules of Civil Procedure, but I rarely think about these things, since we do so few depositions. I learned that under the Federal Rules a deposition lasts up to seven hours, and that the court reporter is entitled to end it if it is growing over-long and pointless.

I also learned neat things about Freedom that are super impressive and super expensive. For instance, they have a real time feature which allows you to connect your laptop to their machine and download the transcript as it is being typed. You can even make notes as it is being entered. In addition, Freedom also has a captioned video deposition feature which scrolls the words across the screen as the deponent speaks.

But the reason I really like Freedom, though I've never used them, is their customer service. You can schedule a deposition online, and you have point-and-click access to any transcripts you've ever ordered through them, 24/7. The representatives last night called it a one-stop-shop. If you need to take a deposition from someone in another state, without leaving your state, done. If you need to find a conference room in an unfamiliar location, done. If you just have a question about general rules regarding depositions, call anytime. I have never spoken with an unfriendly Freedom representative.

I don't mean to tout Freedom. They are simply the only court reporting service I've had any contact with. Their services are above and beyond what I, so inexperienced, would expect from a third party service. The Boss has a deposition tomorrow, and all I can think about is how cool it would be if he could bring back a video depo with closed captioning. Or how easy it would be to set everything up through such a well established, big service.

But even though our small firm cannot yet enjoy the fancy extra services Freedom Court Reporting provides, I enjoyed last night's presentation on court reporting and depositions. I actually found myself interested in such a dry topic. While I do not yet know any court reporters, I believe I should get to know a few. At some point in the future, some time before our firm is big enough to benefit from all of Freedom's extra services, we'll still need the services of a local court reporter. At that point, it would behoove me to have a name in mind.

Race Against Time

2009-11-16T18:28:00.003-06:00

In my job as a paralegal, I am nearly perfect. I'm not gloating - I did say "nearly" after all.

Hyperbole aside, I feel like I'm pretty good at keeping the office moving forward. I am a fast worker who can turn around assignments like that. Since you can't see it, like that is really fast. I also try to be thorough and complete. I try to jump on tasks before being asked. As soon as we win a default judgment, I try to prepare the collection paperwork.

It is my job in our office to keep track of the progress of major client collection cases. We represent several HOAs and landlords that are in constant needs of these services. On these cases, my job is to make sure they move. We don't want to end up sitting on a case that does not get scheduled for trial because the defendant never answers and we forget to move for a default judgment. So I calendar and check and draft letters telling people they have 14 days to respond to us before we file a complaint. And when we file, I keep up with service, and if service fails, I try again. And once they are served, they usually don't answer and we move for the default. Okay. So, as I was saying, I'm pretty decent at this and many other daily tasks.

One thing I am not good at is babysitting the Boss. I know, I know, it's part of my job. Or rather, most people think it should be. I've said before that he gets his own coffee, and ties his own shoes. But the longer I work with him, the more dependent he becomes on me... which is a good thing. A great thing even. I still have a job in a bad economy because of this very fact. But I only recently came to realize that he really really does need me to mention things like the deposition tomorrow morning or court next Monday. Not because he's incompetent or wants to be babied -but because his plate is full and the Now work keeps him from checking on the Later list.

I figured this out when the same situation occurred twice within a two week period. He came in one Monday morning right after I arrived. I had just made coffee and had not turned on my computer yet. We did the morning chat thing for a few minutes while he sat down and got ready to assign me something. Then suddenly "Oh crap." He had a deposition in fifteen minutes.

The Boss went flying out the door and I sat there wondering why I hadn't remembered. After all, part of my job is to know what the Boss needs before he knows he needs it, isn't it? #ParalegalFail

One evening the next week, I was clearing off my desk and getting ready to leave. The Boss was in his office doing the same when, "Wow, glad I checked the schedule. Hearing tomorrow morning at 8:30." #MajorFailAgain

But at that moment, I took out a yellow Post-It and wrote "Check next day before you leave!" This Post-It has saved my life if not his several times now. Because it is sitting there right by my phone, it encourages me to check the next day several times. It even encourages me to check the next week and even the next month. But most importantly, the next day. I have no way of knowing if my reminders are helping the Boss keep track of important dates, but I like to think that he was on time for his 9 am status conference this morning because he received the email I sent Friday evening before leaving the office.

My Boss was self-sufficient for so long, and still is in many ways. Still, I've begun to notice how much I do for him and the firm these days compared to one year ago. I enjoy the responsibility and the sense of fulfillment that comes with being someone's Number Two. But at the same time, each day marks a new way he relies on me. And every little thing I forget, each tiny mistake I make, feels like a major letdown on my part. It seems silly to be so involved in how good or sucky I am at my job in our little office. You big firm people would probably laugh at me. But it's terribly important to me that I am the best paralegal, the best all around assistant that I can be, even as my responsibilities grow and evolve.

That's why I have the Post-It. It won't be the last of them, I'm sure. With my new system in place (better late than never), at least the Boss shouldn't have to race away at lightening speed to make it to early morning appointments anymore.

Principled or Practical?

2009-11-11T22:55:00.003-06:00

Over the past few weeks, I have found myself wondering several times whether I am more principled or more practical.

There is something to say for each of these concepts. Principles keep us on the honorable path and require a dedication to something bigger than ourselves. Practicalities promote efficiency and effectiveness. When I am away from the office, I find it easy to envision law as a noble and mathematical art. Between the hours of 8:30-5, I forget beauty and high intellectualism as I plunge into the real life issues our clients face.

I like to believe in believing in something bigger than myself, but I also dislike the notion of holding onto an ideal merely for the sake of that ideal, especially if it comes at great cost and serves no practical purpose. Yet I shy away from cold rationalism.

Faith in the unseen and untested is difficult for me, but I value those individuals who possess it. I enjoy conversations about literature, but what really matters to me when I read a book is whether I find myself entertained. I don't eat high-calorie, low nutrient treats, not because I should not, but because I feel healthier when I refrain. Most of my decisions are deliberate and based on facts.

For these reasons, I have difficulty swallowing arbitrary rules, I find it silly to punish people for victimless crimes (Alabama sex toy scandal, anyone?), and I ask questions until something makes sense to me. I tried the sorority thing in college, but I hated performing purposeless tasks with the only objective being to join a group that would continue to perform purposeless tasks every single day.

Still, I need something bigger and better than myself to guide me and give me a purpose. This is why I love my job. At my office, we somehow take big, expansive law, toss in a few case-specific facts, and create a unique argument applicable to our client's cause. While I lean toward the more practical side of things, I enjoy the balance of principles and ideals (as long as they are reasonable and useful). I suppose you could say I am principled whenever it is practical. Or perhaps I'm practically principled. Whichever is the case, I find it suits me well in my role as a paralegal.

Messing With the Totem Pole

2009-11-09T18:04:00.005-06:00

Every work environment has its invisible ladder of authority. I'm not talking about the one we all know. In the regular law firm, the regular ladder looks like this, to varying degrees: Senior partner, junior partner, senior associate, junior associate, senior staff, junior staff, etc. I hesitate to divide support staff into different levels of authority because there are plenty of secretaries and receptionists who could kick my young paralegal butt. But of course, that is a perfect example of the "invisible" ladder to which I refer. We all think we know and understand the hierarchy, but sometimes the most unassuming positions hold great unseen authority.

In my firm, I am the Second In Charge. Actually, that is by default, since the firm is pretty much the Boss and me. I would like to believe I hold some sort of authority over the fish, but there still seems to be a slight power struggle involving how much algae we allow to grow in the tank. It's an ongoing battle.

My Boyfriend the Lawyer has mentioned more than once that the natural order has been disrupted in his government job, where time on the job often seems to command more respect than does one's title and level of education. Of course, I'll be the first to agree that experience, in many ways, trumps title - at least when you aren't looking on paper.

I write about these things because the Boss and I had a delightful conversation today about what he would do if the firm made millions of dollars - whether he would retire to the Carribean or stay on for the sheer love of the law. I told him that whatever he does, he needs to be sure not to leave me at the firm with snarky jerkfaces for lawyers. (They are out there. And if you don't believe me, check out some of the posts and comments at Bitter Lawyer sometime.) Basically, when the time comes, I hope the Boss hires decent people who understand the value of team work.

To reassure me, he told me a tale of a prominent law firm where for years, the most senior partner's assistant was basically the Number Two in the firm. Of course, to anyone on the outside, she was probably "just a secretary." But within the firm, well, that invisible ladder messed up the hierarchy a bit. He told me about a time when said senior partner was out of town and said assistant asked another partner to perform some task that she knew from experience the Big Guy would like performed. Apparently the partner told her, probably not too politely, that he did not take orders from the help, no matter how close she was to The Big Guy. As the tale goes, the young partner received quite the reeming when El Muchacho got back in town. I'm guessing, hoping for his sake, that that was the last time he spoke down to the "help."

I have not put in the time or the cumulative effort yet to conjure the Boss's spirit when he is away. I am pretty sure that takes about twenty years and a ton of trust. But a client I personally know was in the office the other day, and when he jokingly told the Boss, "Oh, I don't listen to a word Mel says," The Boss's answer was simple and affirmative: "Good Lord, I sure do."

Pursuing a Career as a Paralegal

2009-11-06T09:24:00.005-06:00

The following guest post was written by one or more Kaplan University representatives. In the interest of full disclosure, I did not receive any benefits whatsoever for posting this article. I believe the information below could be helpful to those of you who are considering a paralegal career. I did not receive my undergraduate degree or my educational paralegal certificate through Kaplan University, so I am in no position to give an opinion on a Kaplan education. However, I am a huge fan of legitimate online studies, especially for individuals who do not have time to attend traditional brick and mortar institutions yet who still desire an education in any field.

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Pursuing a Career as a Paralegal

According to the United States Bureau of Labor and Statistics, employment of paralegals and legal assistants is projected to grow 22 percent through 2016.* These increases are estimated to create positions in a number of industries and offer career opportunities that include count clerks and administrators, legislative assistants, and committee staff members in a legislative setting and nonprofit roles, such as contract evaluators. For those looking to jump-start a new career, the paralegal track could be a great option, given that an associate’s degree can be completed in under two years, and a bachelor’s degree can be completed in under four.

At Kaplan University, the undergraduate legal studies program is one of the largest offered.† Many students enrolled in the paralegal program are already in professional positions and do not have the time or alternative to commute to a ground campus. The invaluable flexibility of Kaplan University’s online programs allows these students to pursue a degree while balancing current commitments. Furthermore, as technology becomes more embedded in the legal industry, an online paralegal program could provide an increased comfort level with technology that can transition directly into a student’s work environment.

Paralegals or legal assistants are generally responsible for a variety of tasks that include assisting clients, performing investigative functions, preparing legal documents, and assisting with litigation preparation. Some additional day-to-day tasks may include preparing briefs, pleadings, or wills; preparing real estate closing statements; researching and gathering data such as statutes and legal articles; handling escrow accounts and billing; or helping to arbitrate disputes between parties.
Kaplan University offers three programs for those interested in the paralegal track: an Associate of Science in Paralegal Studies; a Bachelor of Science in Paralegal Studies; and a Pathway to Paralegal Postbaccalaureate Certificate. Both the associate’s and bachelor’s degree programs are designed to provide students with practical knowledge and technical skills that can immediately be applied in their careers.‡ The bachelor’s degree program provides a broad foundation of core subjects plus higher level courses in areas such as torts, legal writing, and technology. Students in the bachelor’s program also complete a number of courses that provide instruction in specific topics such as dispute resolution, social security, health law, divorce mediation, and law office management.

The Pathway to Postbaccalaureate Certificate program is intended for students that have obtained a bachelor’s degree and are seeking a career as a paralegal. The program is designed to provide the foundational paralegal skills and knowledge needed so graduates can communicate in a legal environment, conduct legal research, and evaluate sources, as well as understand the court system, law office management, and litigation.

Success in the online paralegal program at Kaplan University is built on a strong foundational knowledge, the beginning of which is acquired at the high school level. Taking high school classes that develop writing skills, technical aptitude and knowledge of the law, government, and math would be beneficial to students considering a paralegal degree program.

In addition to the paralegal programs, Kaplan University offers degrees in legal studies, public administration and policy, or environmental policy and management. Those students that already have an associate’s degree from a regionally or nationally accredited college may qualify for the advanced start option, offering the ability to obtain a bachelor’s degree in as little as two years.§ Graduates with a bachelor’s degree could then choose to pursue their master’s degree in legal studies or attend law school.

For more information on Kaplan University’s paralegal and legal assistant degrees, please visit http://online.kaplanuniversity.edu/.

*Source: Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2008-09 Edition, Paralegals and Legal Assistants, on the Internet at http://www.bls.gov/oco/ocos114.htm. These employment projections are provided for informational purposes only. Long-term projections are not intended to predict short-term changes in employment demand due to the current economy. Graduates are not authorized to practice law and will not be eligible to sit for any state’s bar examination.

† Source: Integrated Postsecondary Education Data System (IPEDS), 2006–2007 Bachelor’s Degrees Conferred, Law and Legal Studies, on the Internet at http://nces.ed.gov/IPEDS.

‡Kaplan University's programs are designed to prepare graduates to pursue employment in their field of study, or in related fields. However, the University does not guarantee that graduates will be placed in any particular job or employed at all.

§Speak to an Admissions Advisor or refer to our University Catalog for our Transfer of Credit policy.

#While many of Kaplan University's degree programs are designed to prepare graduates to pursue continued graduate- or doctorate-level education, the University cannot guarantee that students will be granted admission to any graduate or doctoral programs.

More On Independent Paralegals

2009-11-03T18:35:00.004-06:00

I hate to beat a dead horse, to return to the question of independent paralegals and whether it is possible to walk that tightrope between serving an attorney and committing UPL - but here I am, doing just that.

My friend Professor Mongue at The Empowered Paralegal Blog, shared quite an interesting letter from an independent paralegal today. I encourage you to take a moment to read his entry and the letter he supplied, which can be found here, before continuing reading my thoughts on the subject. (It should open in a new window.) Go on. Read it. My words will be here when you get back.

Now that you are thoroughly informed, at least as informed as you can be at this point, you know that a self-proclaimed independent paralegal is currently being investigated for UPL. While we could argue the pros and cons of independent paralegals until we're blue in the face, I am more interested in one or two issues this letter brought up.

1) First, it seems that the complaint for UPL was filed, not by a dissatisfied or misled customer, not by someone who felt taken advantage of, but rather by a lawyer. Now, I have no qualms with someone doing what he feels is necessary to protect or defend the legitimacy of his profession or field. I just find it interesting that the only person who has enough of a problem with Mr. Martin's independent paralegal practice to file a complaint against him alleging UPL is a lawyer. This reminds me of some of the information I found regarding nonattorney practice in California when I first began researching independent paralegals. In that post, found here, I mentioned the apparent success of some independent paralegal (or rather, legal document assistant) companies. My limited reading and research found that at least customers are at least as satisfied, if not more so, with these businesses as with licensed attorneys when using them for situations in which they are not in need of legal advice.

2) If we take the letter at its face, Mr. Martin believes he is providing a necessary service to those who could not otherwise afford it. He does not sound like an incompetent attorney impersonator trying to pull the wool over an unwitting public's eyes.

3) Think about what Mr. Martin says about fear in the legal profession. Whether I agree with his stance regarding independent practice or not, I have a hard time rebutting his allegations of fear of UPL. It's the scarlet letter no one wants to wear. One mistake, one wrong word, and BAM, you've committed UPL. And whether you are even guilty of committing it is irrelevant. Once a complaint is filed, no matter what the verdict, your reputation can be blemished. I understand that UPL is an attorney issue too, but the lines are in different places. The problem for paralegals, as I've said before, is that the UPL line is to some extent subjective. We all know those things that MUST NOT BE DONE. But there are some things that may be unsafe to do, not because we are worried about the client's welfare, but rather because we are worried about the perception of some unnamed person who might wrongly construe our actions as the practice of law (as Mr. Martin seems to think happened in his situation). For instance, in some courts paralegals can sit with their attorneys at the table. In others, paralegals are restricted to the public seating, presumably to avoid appearing to the public that they are acting as a representative of the client.

4) Mr. Martin hits on an important question: Should it really be necessary for someone to pay a lawyer to assist him in such common sense instances as signing his name in a specific spot? Does telling someone to write his debts in this column labeled "debts" really take a graduate degree and a license to practice law? Should that really be construed as legal advice? The people who need such assistance rarely can afford an attorney, and this is a dilemma. I'm not saying tat the answer is limited non-attorney assistance; I'm just saying that if we discount limited non-attorney assistance, we have to do a better job of finding a real answer to better serve those who need it.

It is not my job or within my limited area of expertise to give a solid opinion of Mr. Martin's letter and all the points he raises. I chose here to write about the points of interest to me, the specific areas I find curious, the statements that made the cogs in my brain start turning. If you have comments, feel free to leave them here, or even better, return to Professor Mongue's blog to contribute your opinion. We all learn best when we enter into a dialogue and share our thoughts.

I am wishing Mr. Martin luck in all his endeavors. As for myself, I am glad I have a Boss to depend on.

Well-Meant Sexism is Still Sexism

2009-10-28T19:54:00.003-05:00

Mulling over the past half-week, I came across a memory of Monday night that made me cringe. A very nice, well-meaning, older attorney had graciously described BCALP as a "wonderful group of ladies."

To be fair, I believe 100% of the members of BCALP are female. We are all paralegals, secretaries, legal assistants, and judges' assistants, and in Alabama (and many other places in the legal world), it is taken for granted that these positions are filled by women. So few, if any, other people probably frowned at this description of our organization. As I said, he was a very nice man attempting to thank us for putting on such a fun night.

Still, try as I might to ignore it, I can not. I am simply not one of "those ladies." My job is not the type of thing reserved for the "weaker sex." There are plenty of men, plenty of attorneys even, who would not be as productive at my job as I am. I am not good at my job because I am a woman, though. I am good at my job because I am dedicated, thoughtful, intelligent, and relateable. I am good at my job because I have half a brain and I try.

Likewise, though the members of BCALP all just happen to be women, our collective gender does not make it an organization of or for women. It is an organization of and for legal professionals. Labeling us as a group of women diminishes the perception of us as professionals. Coming from a male attorney, it sounded almost patronizing. It is much harder for a group of "ladies" to be taken seriously than it is for a group of "legal professionals."

The worst thing about it is that these moments, moments when my profession is shoved into a box full of only women or into a box full of people who "couldn't" be attorneys or a box full of , I get these major cravings for law school. I realize that this is my problem and no one else's, but it is still a problem. I don't start craving a law degree for myself, for my career, or for any good reason at all. I start craving it because I feel that someone is not taking me seriously. Deep in my heart, I know another degree would not make them take me any more seriously, nor would it increase my value or worth. And yet, when I am lumped into a group of women rather than professionals, that desire rises into my chest like a bad case of indigestion.

I am amused by my feelings, too, because I would not label myself as a feminist. I simply like to be taken seriously in whichever roles I choose to fill.

So since I cannot say it to this well-meaning man, I will say it to my readers here: BCALP is an organization of professionals. We all happen to be women, but this does not preclude participation of men. The fact that many paralegals, secretaries and other assistants are female is not a necessary one. These jobs are not better performed by women, just like the job of attorney is not better performed by a man. Take me seriously as a paralegal. Take me seriously as a person.

Stepping off the soap box now.

Bosses' Night

2009-10-26T22:01:00.002-05:00

Every year, the Baldwin County Association of Legal Professionals puts together a night dedicated to the local judges and attorneys. They call it Bosses' Night. Since I only recently joined this organization, this was my first year. Obviously, it was also the Boss's first year.

I sensed the hesitancy in his voice when he asked me on Friday what kind of function this was. Since I had never been, all I could tell him is that it involved food of some sort and a skit. I emphasized the fact that everyone goes. I wasn't wrong about that.

Within ten minutes of the appearance of the appetizers, I was munching on an apple slice chatting with a judge. Judges are must less intimidating outside of the courtroom. Judge R. had no reason to know me, but he introduced himself and we ended up sharing our favorite things about Bar Harbor, Maine before the Boss and his Wife showed up.

I was so glad when the Boss and his Wife appeared. Not because the Judge was boring me, but because I don't know many people in the legal community. Even though going to BCALP meetings has been wonderful, I'm still in the awkward I-kind-of-know-you-but-not-well-enough-to-just-start-talking phase. I'm forcing myself to get over it, little by little. The ladies are so nice. But I take getting to know people in stages. I won't feel truly comfortable in this arena until around the sixth meeting.

Back to Bosses' Night, I finally got a chance to chat with the Boss's Wife, who I'll call C. because it seems wrong to only call her the Boss's Wife. I've worked for the Boss for nearly two years, but C. and I cross paths very rarely. I was delighted to have the chance to really, truly meet C. for more than a quick wave and passing words.

The night was a great success and the first of this years' Fall get-togethers. The members of BCALP carved pumpkins and brought them to the dinner to sell in a silent auction. We gave away several door prizes.

Perhaps the best part of the night was the skit. A cast comprised of lawyers and judges, who had only received their lines five minutes before, put on a disaster of a sketch that kept the crowd giggling. I won't go into detail because, well, you just had to be there. I'm not even sure the sketch was good, but it was effective.

At the end of the night, after the skit and the door prizes, we gave out the Boss of the Year Award. I was hoping my own Boss would receive this prize. I was sure that my essay had knocked the socks off the judging committee. However, I was outdone by an entire staff who's attorney happened to be a former pastor who decided to go to law school at the ripe age of 52. They had us beat from the get go. But there's always next year.

All said, it was a fruitful night. I'm continually impressed with everything BCALP does, and I'm slowly gaining friends in the group. I'm already looking forward to our next meeting/event.

Higher Education

2009-10-21T19:31:00.002-05:00

It's no secret to those who know me that I'm a glutton when it comes to knowledge. My grandfather used to read encyclopedias for fun, and I'm not far behind him. So even though a college degree is a wonderful thing, my skimpy bachelors degree smells like underachievement to me. I am definitely not trying to undermine anyone else's educational achievements, be they big or small. I'm a fan of getting the education you desire, not the education anyone else may think you need. (Case in point, when my 17-year-old cousin T. talks about getting a vet-tech certificate instead of jumping into college right away, I encourage her to pursue the path she enjoys. Maybe she'll decide to become a veterinarian along the way; maybe she won't.) All explanations out of the way, I desire a higher degree. Until I figure out which degree I want, and until I further figure out how to pay for it, I will have to settle for scrounging up educational opportunities where I can find them.

So of course when our speaker at last night's BCALP meeting was from a local community college, my ears perked up. I half-expected her to push classes like Intermediate Computer and The Professional Resume on us, but I was pleasantly surprised. She definitely talked about the short term classes that teach Word 2007 and advanced spread-sheeting, but she also mentioned a class called "Spanish for Courts and the Legal System." I wasn't the only person in the room who suddenly started listening at that point. As an organization consisting of dedicated secretaries, clerks, paralegals and other administrative professionals, most of us are pretty adept at basic word processing. We couldn't function at our jobs if we were not. But how many times have we stumbled through conversations with ESL clients? Being in Alabama, I'll tell you it happens pretty frequently.

I took Spanish in high school and college. The courses were required. I aced them somehow without learning much more than the very basics. This does not help in a conversational situation with a native speaker who is trying to figure out the next step in her case. I realized within a moment, like everyone else in the room, how valuable this "Spanish for Courts and the Legal System" could be. I have to look into it a bit more, but a class such as that could provide me with challenging yet practical knowledge while temporarily settling my ache for higher ed. I never would have guessed I could find such a gem of a class at my local community college.

So my challenge to you, dear readers, is this: If you have an unquenchable thirst for knowledge, or unfulfilled curiosity about anything, check out your own community college courses. They aren't glamorous, but I think community colleges are probably drastically overlooked when it comes to valuable and necessary knowledge in all kinds of areas. As for me, I better stop writing and go check out this class.

What To Do With a Small World

2009-10-20T22:10:00.003-05:00

Vicki Voisin, the one and only Paralegal Mentor, kindly allowed me to guest post for her 10/15/09 Paralegal Strategies (The "In Between" Issue) newsletter. If you do not already get her newsletter, you should sign up for it ASAP. In the mean time, you can find my piece - "Small World? Make It Big!" - at the Paralegal Mentor blog.

To keep up with Vicki's posts, as well as the posts of her other contributors, be sure to check back often at http://www.paralegalmentorblog.com/.

Words That Do Not Mix: Paperless Law Office

2009-10-19T20:08:00.003-05:00

I keep reading about all these strange entities called paperless law offices. I try to imagine a place where you don't go digging through endless D's to find the John Doe file (or numbers, if that's how your firm's filing system works), but it is difficult.

Perhaps the first reason I have a hard time envisioning a paperless office is that my own office is very paper-full. We print everything, from the e-filed orders to drafts of motions for review. We make copies of everything that leaves the office. When I am researching case laws, I print out the cases to highlight the pertinent parts. We print emails from clients to place in their files for quick future reference.

Now, I understand that everything we choose to print could actually be saved to file, and we could scan all of our paper documents into the system. But that is impractical for a law firm with one lawyer and one paralegal and, at any given time, fewer than 100 active client matters. I would spend much of my day scanning documents. Some days would be completely shot.

But let's imagine that we had a third person who's job was only to scan documents and store them. While we're at it, let's imagine that my office also has enough electronic storage for the endless amount of data being shoved into the system. It would still be impractical for my firm to go paperless.

First, I must print out research material for the sake of my poor eyes. It is unhealthy to stare at a computer screen for hours of reading. I also have to highlight the relevant parts. Second, since we keep copies of everything that leaves the office, we keep copies of all signed letters. It seems impractical to print a letter, sign it, then rescan it into the system before sending it off. At least, in our office it is.

And if time and effort cannot be saved, then going paperless to save paper seems silly, too. In my office, we would still hit the print button. But without a file in which to save the newly printed paper, we would shred it when we were done. In our office, that is a lot of wasted paper. In a medium to large firm, I'm imagining a ton of wasted paper a month as lawyers and staff print hardcopies to read or pass around or for various other reasons then dispose of them only to reprint the next time they need to have a hard copy.

I could have it all wrong. Perhaps being paperless is great. It's probably the next best thing, for firms that have the staff, the time, and the money to do so. One look at the dwindling space in our small office will convince anyone that files take up precious space. I am sure large non-paperless firms have entire warehouses devoted to file keeping. At my firm, our closed files take up one small conference room and half a storage closet. And those constitute only four years worth of a new firm's cases. If we don't move into a bigger place or find safe storage for our closed files, we will drown in paper within five more years. So I completely understand the benefits of going paperless. I just doubt it is as without paper as it sounds.

Ode to Great Bosses

2009-10-15T21:21:00.004-05:00

On this Boss's Day day, come, hearken my dears
Let my tales of great Bosses fall on open ears

One was a man so tall and so kind
The company forgot him and left him behind

One was a former bad-boy, all reformed
Hiding all his tattooes with long sleeves to conform

I once had a Boss who built race cars from scratch
He was funny and nice but our goals didn't match

One Boss was a Mouse with black ears and white hands
But I had to quit, couldn't meet his demands

One restaurant owner let me serve for a summer
I worked very hard but the tips were a bummer

But working for restauranteers got me through
My last couple of years in school

Before I learned teaching would not be my all
I subbed under my old highschool principal

Only one Boss has creamed all the rest
My pickiness and assertiveness put him to the test

He makes the office a fun place to be
And when it comes down to it, lets me just be me

He asks my advice and treats me so fair
And imparts on me wisdom when I ask him to share

Never talks down to me, respect abounds
Working with him is as good as it sounds

I'm lucky, I know, to have found such a thing
A Boss who doesn't drive me crazy, a job that makes me want to sing

On this Boss's Day, if you're this lucky, too
Let your Bosses know; they'll definitely thank you.

- This is my hasty, goofy Boss's Day poem. I'm no poet, of course, but take heed, and do let your good Bosses know you appreciate them. You'll reap the benefits.

Dreams and Such

2009-10-13T20:44:00.004-05:00

The Boss asked me yesterday to try my best not to schedule meetings for today. The schedule was clear, completely free. It had the potential to be a very productive work day. And we needed a work day, believe me. The phone has been ringing nearly constantly with one thing or another, and every new client expects that his case is the only case we have. Of course, everyone who works in a law office knows clients expect this. If I were someone's client, I would expect immediate and direct attention to my situation, too. Unfortunately, that's impractical at a one-lawyer-one-paralegal law firm. So we do our best.

Still, clients drop in unexpectedly to check on the cases they brought us only the day before. It is the nature of the beast that is small town law.

Because of all of the calls and initial consultations lately, the Boss has been stuck in his office for much of each day. When he is not in his office with clients, he can be found in court. And even though I'm only one step down from SuperWoman, I still need for him to be available to approve drafts and sign important documents. As the attorney and business owner (his name's on the shingle), I find that he is a necessary part of the business, even more so than myself (gasp, I know). So when we are clogged with meetings, the work that needs to be done for all the other important clients gets backed up. It's a conundrum. We need the new business to keep the firm running, but the new business creates a system slow-down. What to do?

Well, today our answer was to daydream about what it might be like to work at the other end of the legal spectrum, where clients are multimillion dollar corporations and pages serve you bottled water when you ring a little bell. Actually, the Boss started this daydreaming bit. At the end of our long day, he started reminiscing about the direction his career could have taken had he taken the fancy, travel-heavy, big-money job he was offered out of law school. "I could be a partner now," he sighed whimsically.

As he left for the day, I began to imagine my own life in a mid-to-large-sized firm where I wouldn't have to answer phones or clean the fish tank. In my dream world, I would have a 401(k), catered lunches, and the assistance of multiple other teammates. My dream was ruined by some young fellow with a brand new law degree (and no idea how to use it) trying to treat me like "the help" and a grumpy partner barking orders that made no sense because he should have retired ten years ago. I know these situations aren't status quo at larger firms, but anywhere else would open me up to the possibilities of meeting these nightmares. Apparently even my subconscious thinks I'm better off in my small town law office.

As I prepared to leave (late, too - I was at the office until 5:08 pm!), I made sure to feed the fish, water the plants, and check the phone messages. Then I thanked my lucky stars that I have the hours I have, the Boss I have, the cases I have, and even the clients. Especially the clients, walk-ins and all.

Good People to Know: Paralegals at Other Firms

2009-10-08T22:46:00.003-05:00

This should be a given for any career-minded, relationship-oriented paralegal, but it's also helpful for lawyers and other legal professionals. First, though, I will explain why it is so important for paralegals.

These are the people with whom you will be in contact in order to schedule depositions, send settlement agreements back and forth, and receive updates on case progression. For instance, while depositions are usually few and far between in my firm's practice, when we do have to have one, I get to speak with the opposing side's paralegal regarding dates, times, and places. When I need to find out whether the other side has submitted a proposed order or how long it will be before we receive discovery answers in a case, I speak with none other than the paralegal. Being on good terms, being able to toss in friendly small-talk about the last association conference, these things make a big difference.

There are also situations, non-adversarial in nature, that give rise to the need for another paralegal. You may find yourself attempting to draft a document you've never drafted before. Perhaps a paralegal friend will have a sample of that document (any confidential information fully removed, of course) for you to use. I have used my contacts to find information for domestic abuse victims, to draft documents, and to get tips on procedural matters. I've also found that my out-of-state contacts provide encouragement and good career advice.

As for why attorneys should get to know paralegals from other firms, the reasons are numerous. First, the Boss himself has told me that if he needs information from another law firm, his first stop is the paralegal/secretary. He believes that many times, especially in our local firms, the assistant will know about the status of the case right off the top of her head faster than the attorney will. This probably has to do with the fact that the assistant is the person marking the schedule and making sure everything is done on time and according to procedure. Lawyers may also want to get to know paralegals because it is that much easier to find someone to hire when you're tapped into the scene. Only last week, I received a mass email notice from an officer of my local organization that an area attorney is looking for a paralegal. If she has not found someone yet, she will very soon. Another acquaintance of mine who is a new attorney contacted me soon after taking the bar, requesting that I keep my ears open for a tentative legal assistant for her.

No matter which role you fulfill on your legal team, get to know paralegals at other firms. The rewards are many: networking opportunities, new forms, access to general helpful information, quick access to case statuses, possible job tips, etc. With a little effort you can have the legal world at your fingertips, and you might make a few good friends in the process.

Crazy Days

2009-10-06T22:04:00.004-05:00

Monday was an introduction to a crazy hectic week. For the first time ever, I found myself imagining how delightful it would be to have a third person at the office, someone to answer phones and do the filing. Part-time maybe ten hours a week. Give me a few more months and I might be able to fill a full eight hour day with enough work for a new person.

We started the day with an emergency that required a walk-through filing to the Judge. While the Boss was pairing a black wool jacket with his basic suit pants (he hadn't expected to have to go before a judge), I worked on several smaller projects. The phone rang constantly. People dropped in looking for some sitdown time with the attorney. (How do you tell someone nicely that they really should call first?) Once the Boss was back in the office, it was my turn to run errands. I visited the probate recording office, a police station, and the bank. None of these places were close to the others. I returned to the office just in time to realize there was no time left in the day to take care of the hundred other things I needed to do.

But you know, this is what I love about my job. Every day is a new day. I never know whether I will be reading case law, studying some topic I've never read about, comforting someone, or writing. All I know when I walk through that door nearly every day is that I can expect to put my mind on overdrive until at least 5 pm. It' s fast-paced, hardcore law. From estate planning to litigation, I am in love with every aspect of this job.

Spotlight on Minnesota

2009-10-02T20:44:00.007-05:00

I normally leave the paralegal news commentary to Mr. Mongue over at the Empowered Paralegal Blog or Lynne DeVenney at Practical Paralegalism. However, tonight I stumbled upon an interesting story at the Minnesota Daily online. The story is not particularly significant to the greater world outside of Minnesota, but I always enjoy reading how other states approach the practice of law.

The story here, entitled Former Student Sues U For Poor Advice, describes a suit pressing forward in "Concliation Court," which is known in my state as Small Claims Court. A former student is suing the University for poor advice regarding class selection and is seeking a reimbursement of tuition fees. The case seems pretty straightforward - small claims cases usually are. Perhaps this is why the University is being represented in the matter by a paralegal rather than an attorney.

The story explains: "Paralegals, who aren’t licensed to practice law, are able to provide representation in conciliation court cases when a party — in this case the University — grants them power of attorney, University Deputy General Counsel Bill Donohue said."

Apparently Minnesota is one of those special places that has carved out a niche for paralegal representation. Though the article does not go into detail, I imagine that the paralegal is still working under the supervision, albeit flexible supervision, of an attorney.

I have to say that I do like this idea. It keeps the attorneys free to focus on more complex legal issues with higher stakes. If the paralegal is skilled and experienced, and if she keeps a supervising lawyer up to date on the progress of the case, this type of situation could work well for everyone.

The plaintiff in this case is also a certified paralegal, and though the article does not address her representation, I assume she is pro se. I imagine that if she had retained an attorney, the University also would have wanted attorney representation.

Sometimes I get the feeling that the Boss would send me to small claims court if he legally could. It would free him up to hide out in his office and get work done. We would be ultra productive. We would be, like, the super team of law. Ah, if only.

So read the story, and let me know what you think. Does your state have a Minnesota-style exception for representation by paralegals or other non-lawyer legal professionals?

Two Wrongs, But It'll Be All Right

2009-09-30T21:08:00.005-05:00

I don't know why I focus on my mistakes, but I do. One simple, completely fixable mistake can ruin an otherwise perfect day for me.

Today, I realized that I have been making the same mistake over and over again. The clerk's office called to let me know that we had errantly filed an oringal Quitclaim Deed with a noncontested divorce package. "The attorney usually keeps the deed," she explained kindly, "and records it in Probate once the divorce is finalized." I was hesitant, but I accepted her offer to send it back to our office for safe-keeping.

The thing is, I remember a very specific conversation with the Boss from the first time I prepared divorce paperwork that involved a transfer of interest in real property. The settlement agreement referred to the "attached quitclaim deed" when addressing the conveyance. I clearly remember asking him if I should attach the original deed. I remember all of this because it didn't make sense to me to file the original with the other paperwork, but I wanted to make sure of what we needed to do. In this memory, the Boss explains to me that there is no recording fee for a Quitclaim Deed that is filed with a divorce package, so filing it with the divorce docs would basically kill two birds with one stone.

However, when I told the Boss about my conversation with the clerk's office, he merely said, "Yeah, the original stays here." I wanted to respond with "Are you absolutely sure?" I did mention that I remembered a conversation about this very subject during which he explained why I should attach the original deed. He looked at me with a blank expression. I felt lost, perplexed, and a bit ashamed. You see, I have filed not one, but two of these packages with an original deed attached. The Boss didn't seem to think of it as a major mishap. He simply suggested calling the court to retrieve the other original deed I admitted having filed. He warned that they might have already shredded it after scanning it into their system, but thank goodness the ladies at the clerk's office knew right where to find it. I will have both deeds back in a matter of days. (This goes back to being on good terms with the clerk's office. They were so patient and kind to me as I bumbled through this situation today.)

With the situation almost fully resolved, and with a new lesson learned, I still do not feel settled with this matter. I am uncomfortable with the strange memory of a conversation that may never have occurred. If the Boss were egotistical or the kind of guy who passed the buck, I would trust myself more. But he has never seemed to have a problem admitting his own mistakes. If he thought he had told me something wrong, he would say so. Thus, either he does not remember a conversation we did have, or I remember a conversation we did not have. I'm leaning toward trusting the memory of the person who has been working in this field longer than I, who obviously knows not to file an original deed with a divorce package. But I have a hard time letting go of the memory of a moment that I can almost see and hear.

No major harm having been done, I will have to let go and move on to tomorrow, where no doubt more imperfections and mishaps await. However, I will take two lessons with me as I go forward: Original deeds do not get filed with the circuit court - ever, that I know of - and I seem to have a very active imagination.

The Paralegal's Role in Managing the Law Firm...

2009-09-28T17:58:00.002-05:00

Today, head on over to Jay Fleischman's Legal Practice Pro, where my guest post regarding paralegals and law firm management awaits. You will also want to linger and read some of the other great posts regarding practice management and marketing. No matter your position at the firm, you are bound to find some helpful tips.

Snakes in the Legal Field

2009-09-25T18:14:00.003-05:00

When I decided to make a career in the legal field, people warned me to be on the watch for snakes, pigs, and various other nasty creatures. I did not realize I should have taken those warnings literally... until yesterday.

The Boss had just stepped out for lunch, but moments later, I heard the back door open. "Melissa," he called, "do you know anything about snakes?"

"Kind of," I cautiously answered.

"Do you know how to tell if it is a rattlesnake?"

"Um, it rattles?"

I followed him out the back door across our miniature courtyard to his truck. Underneath his truck, coiled casually with his tail lifted in warning, was a small gray snake. He didn't look threatening from four or five feet away. If he had a rattle on the end of his tiny tail, it was too small to make any real sound.

Living in the South, I learned early how to tell the good snakes from the bad ones. I hate killing good snakes. They eat rats and other unpleasant things and generally stay out of my way. Good snakes tend to have sleek heads, and poisonous snakes tend to have triangular shaped heads. Supposedly. But this little guy was too small for me to tell. I wanted to give him the benefit of the doubt, but the way he kept wagging his tail, like my angry third grade teacher, seemed sinister, dangerous. I concluded to the Boss that it must be a pigmy rattlesnake and that we should kill it dead at least once. (I had never seen a pigmy rattlesnake in my life. I just figured that because it was so tiny, the name fit the descriptions I had heard of them.)

The Boss seemed to hesitate getting into his truck. He wondered outloud if perhaps the little guy had fallen out of his truck. "I didn't notice him until opened the door to get in," he explained.

The snake didn't get a jury of his peers, nor did he have a chance for a lengthy appeals process. I pronounced him guilty in light of the very little evidence given, and the Boss played Executioner by backing over him. Once the truck was pulled back, we examined the dead little thing close-up. He was gray with angular black spots and a hint of burnt orange coloring misted down his back. His tail was still lifted in defiance. Even close up, it was difficult to tell whether he was carrying a rattle at the end of it. Still, he had held himself out to be a rattlesnake, so I firmly believed he deserved the fate that had befallen him.

The Boss left for lunch, and I went inside to research Alabama snakes. Sure enough, I found a picture of a dusky pigmy rattlesnake that looked exactly like the little guy being laid to rest by the ants outside.

While I imagine the "ground rattler," as they are commonly called here, would have done the Boss little harm, since his bite would have likely landed on the Boss's leather shoe, I've been avoiding our courtyard ever since. My high heels are pretty and sophisticated, but I don't think they qualify as protective rattlesnake gear.

Good People to Know: In the Clerk's Office

2009-09-23T21:30:00.002-05:00

In keeping with my Good People to Know series, tonight's post is about how truly wonderful some people in the clerk's office can be.

For any of you who are true newcomers to the practical world of law, the clerk's office is where you file court documents. But they do so much more than stamp documents. They are the lifeline of the court system. Many of the men and women working in my local court clerk's office have been working in the legal system since before I was born.

When local court rules change in any way, like when the fee schedules change or a judge begins requiring specific language filings, the clerk's office knows exactly what is going on. A year ago I attended a seminar regarding e-filing procedures. It came with a large binder full of wonderful information about local procedure, filing fees, and judge-specific directions. Some judges prefer proposed orders be attached to motions while others prefer they are filed separately, for instance. While the official association to sponsor the event was BCALP (Baldwin County Assoc. of Legal Professionals), I can assure you that most of the members who were involved in the seminar worked in the clerk's office.

On a daily basis, these ladies are life savers. I forgot a civil cover sheet for an initial complaint filing this past week. As soon as I realized my mistake, I turned to go. But the lady behind the counter, let's call her "L.," said, "Wait, we have a cover sheet here you can fill out."

I have learned a lot from the clerk's office over the past two years. For instance, while heavy bond paper is pretty, and the fact that your office can afford to buy it may be impressive to clients, the clerk's office would prefer that any paper filings be done with simple white paper. It scans better. When I related this matter to the Boss, his face showed slight indignation as he said, "But they don't understand that the presentation is important. Sometimes you have to use the nice paper." He's right, of course. Still, I've noticed lately that when I bring him a draft to review, if he finds it to be satisfactory, he will go ahead and sign the white regular paper rather than return it to me for printing on bond paper.

Rules and procedure are very important to the smooth function of the clerk's office. Every document has its place, every file has its number. That is why it is so important to get to know these people. If you have one good contact there, he or she will guide you through almost any procedural steps you may have forgotten or possibly never knew. Whether you are new, experienced, you need a good contact at the clerk's office. Of course, if you are experienced in the legal world, you already knew this, didn't you?

Good People to Know: Probate Office Personnel

2009-09-21T21:28:00.005-05:00

I realized today that there are certain people I rely upon in my local legal community who do not work in my office. They are people who give me guidance and tips, who help me fix my mistakes, and who keep me on my toes. In nearly two years, the one lesson I continue learning above all others is that I still have much to learn. Whether you are an experienced legal professional in a new town, a brand new lawyer, a fresh-out-of-school paralegal, or an attorney stepping into solo practice for the first time, you will need these people. Tonight, I start a series on these Good People to Know, beginning with the Probate Office Personnel.

I have the choice of three probate offices to visit when I need to record a document. No matter which one I choose, the person at the recording desk is always helpful. I most often visit the nearest office, located merely two miles from my place of business. The lady there, we'll call her "G.," has patiently walked me through all kinds of dilemmas.

You may be asking yourself what kinds of dilemmas someone can find at the recording office. Well, as a brand new paralegal to a solo practice lawyer over the past two years, many situations have arisen right before my eyes. G. has been there every step of the way with me. From the time I forgot to include the "This document prepared by" stamp on a materialman's lien to the time I failed to provide a sale price or fair market value when recording a warranty deed, she has guided me through the steps to fix each and every small but significant problem that has arisen. Once, she even saved our client some money by suggesting I staple documents in a certain order.

Even before I arrived, you better believe she was doing the same thing for the Boss. As a fairly new attorney starting his own practice, he needed direction. Apparently law school does not teach local rules, like where to place the "This document prepared by" or the fact that the county will only charge half of the deed tax if a grantor is also one of the grantees on a deed. Legal professionals rely on the experience and knowledge of G. and others like her for this necessary information.

I have learned so much from G., but every time I think I know it all, she has something else to teach me. With her patient help, I have become a better paralegal and a more knowledgeable employee.

So, if you have not already tapped into the fountain of knowledge at your local probate office, get to it! I would still be wandering, lost in a forest of local rules with no way to sort through them, without the help of G. and the many other court personnel I have come to know over the past two years. The wisdom these people possess is necessary to the effective practice of even the best law firms, especially in a small town like mine.

Planning and Zoning - The Fun Begins

2009-09-17T22:14:00.002-05:00

I spend part of my working life reading and applying Alabama state statutes and case law. Tonight, I began an adventure into the world of municipal law. I observed my town's planning and zoning commission.

Next month, I should be a full blown member.

For years now, no matter where I have lived, I have treated it as a temporary homestead. Since leaving home for college in 2001, I have failed to stay in one place continuously for more than 12 months. When I first started this job I love, I only meant it to last for a year or two, to serve as my soft introduction to the paralegal world. I remained ready to go in an instant, for whatever reason. Mine was a restless heart.

And yet though I put forth a slight effort to leave, I remained. This past spring, I decided to stop fooling around and to make this community my home. I moved into a new apartment. I began attempting to branch out by attending community events. I told the Boss I intended on staying indefinitely, no plans or desires to find another job in another place. I started setting down roots.

Then I joined NALA and NALS. There's a saying about two birds and one stone; try five birds with two stones. By joining NALA and NALS, I also joined their local affiliates AAPi, BCALP, and AALS. I attended the AAPi summer conference, and I have had two monthly meetings with BCALP. Despite a few awkward moments, which are inevitable when trying to expand one's comfort zone, I've largely enjoyed these events.

But the moment that will solidify this town as my home will be my appointment to the planning and zoning commission. My participation in this commission is different and separate from my joining the other organizations. While professional organizations encourage some amount of community involvement, planning and zoning is involvement. It is community and policy and, notably, something completely separate from my job. I joined professional organizations for networking, knowledge, and opportunities; I am joining planning and zoning just for me, as my own project separate from my career and career considerations (though we only meet about one hundred feet from my office).

Tonight was extremely intriguing to me. I kept my mouth shut and my opinions to myself, but I can already tell that I will enjoy these discussions once I am an official member. We are of different ages, backgrounds, and quite obviously, political beliefs, but I soaked up every word that was said.

I think I will enjoy reading and discussing town ordinances. All day at work I am thinking of state law, which is big and forceful and yet untouchable. I learned tonight that I find ordinances to be tangible and real, small enough to affect even me, and small enough, even for me to affect somehow. This is going to fun.

Nobody Likes a Know-It-All

2009-09-15T22:12:00.003-05:00

You don't have to work in the law for very long to learn that many people like not liking lawyers. In my office, I hear everything from tongue-in-cheek comments emphasized with a wink to angry ramblings about how someone's last attorney screwed up their case, supposedly. I very rarely hear anyone volunteer that he actually likes his attorney, except for the people who do business with my Boss. Even opposing parties have a hard time disliking him.

I read today that a major reason people don't like lawyers is that lawyers are smarter than them, and lay people are jealous of their abilities. I thought we left that line of thinking back in high school, but alas. The fact is, people go to a lawyer precisely because he or she is more knowledgeable and more capable than them when it comes to legal issues. This should be a given.

In my experience, the problem of the too-smart lawyer has a more complex answer than jealousy or inferiority of lay people. First, the field of law attracts intelligent people, especially into the lawyer role. Second, sometimes intelligent people are not happy with just being intelligent... sometimes intelligent people want to make sure everyone else knows they are intelligent. Finally, this group of intelligent people likes to beat everyone else over the head with how much they know and how smart they are. This is not inherently a lawyer problem, but it arises often in the legal profession because of the type of people the law attracts. Simply stated, people just don't like know-it-alls, and there are a lot of know-it-alls in the legal world.

The solution to this is very simple. Lay people do not have to try harder to accept that attorneys outrank them in legal knowledge and sometimes education; I think by and large people already understand this to be a given. But those attorneys (and anyone else, for that matter) who have a deep desire to share their intellectual prowess with others for no reason other than to prove how smart they are probably need to work on toning it down a bit.

My Boss is a fabulous example. I know, because they tell me, that the vast majority of our clients and even opposing parties like him. They find him to be down-to-earth, easy-going, and very honest. He does not talk above them, but he does not obviously "dumb down" the conversation when discussing legal issues with clients. The key, I think, is to talk to people on their level in a way that implies you are also speaking at your own level.

If you are talking above your clients' heads, and if you are making them feel inferior, then you are not properly serving them or their needs.

Some people, it is true, will be very sensitive and may even feel jealous of someone with a certain title and a higher degree. As an intellectual person who has for her own reasons not yet made it to graduate school, I feel that small twinge of jealousy when talking to anyone who has a higher degree than I do, whether it is in business, education, medicine or law. It has little to do with my perception of the other person's intellect or my own. It has much more to do with the fact that I envy the time and/or money he or she had that I have not yet found and the piece of paper that reminds me of a goal I have not yet achieved.

Back to the point, our law firm provides a service to its clients. My attorney does not perch on a pedestal to be admired but rather digs into legal issues with the clients by his side. He has more knowledge of the law than they do, but that knowledge is a resource for clients, not a way of holding himself above them. Thankfully, he is able to speak to them in a way that projects this fact.

My guess is that some of these people who don't like attorneys dislike them not out of jealousy or inferiority, but probably because they had the misfortune of meeting one who wore his intellect on his sleeve.

My completely unresearched suggestion is that you will find quite a few attorneys who, usually unintentionally, make their clients or other lay people feel inferior. Again, this is not an inherent lawyer characteristic, but a consequence of a profession that draws highly educated and intelligent people to it. A certain yet unknown (at least to me) percentage of highly intelligent people have this know-it-all complex.

Knowledge and education are wonderful things when they serve clients' needs, and therefore the firm's needs. But empathy, understanding, and the ability to communicate on the client's level are also necessary parts of meeting these goals.

Refreshment Break

2009-09-12T23:09:00.002-05:00

I've been so immersed in paralegal and legal community information, news, ideas and the like that I have almost forgotten the original purpose of this blog: Reflection, stories from my life, and an outlet for the thoughts constantly bouncing around in my head.

I am hereby returning to my original intentions and writing according to my daily experiences and subsequent thoughts.

Of course, today was not a work day, and yet I still found myself exposed to the legal field. I went to visit a good friend who has been ill, and her mother was in town. Unbeknownst to me, the mother once worked in a law office for a short time. We had a long conversation about how law firms are run, local court systems, small town versus city firms, and the seemingly lucrative career of court reporting. She put me to shame with her pampering of the attorneys she worked for, taking in biscuits, brownies and cookies. She knew how each lawyer took his coffee and would prepare it for him without being asked. She cleaned the office and organized the closed files closet.

I hope the Boss doesn't read this and realize all the wonderful things he is missing out on in his office staff. To be fair, I do turn on the coffee in the mornings if I get there before him.

Youth, Inexperience, Naivety

2009-09-12T22:12:00.003-05:00

Ah being young. It has its perks. The youthful energy, the fresh perspective on the world, and the constant, everyday learning that occurs in the sharp yet sometimes overzealous brain.

But youth has its downfalls. Naivety is one such downfall.

My default setting is trust, and no matter how many times I learn against it, the lesson never sticks. I can't help but trust what people say and how they represent themselves.

Countless times, I have been excited and intent on getting to work on a prospective client's case right after the initial interview, and the Boss has simply said, "That person was not telling the truth." I don't know how he knows it. He tells me that it is a result of his being jaded by time and experience. Perhaps in three more years I, too, will be so discerning.

But for now I still swallow every line with a smile.

Regulate Me

2009-09-10T17:59:00.001-05:00

Update 9/16/09 This post has given me some grief. In the moment, it made perfect sense to me. Several re-reads later, I only partly agree with myself here. In the interest of full disclosure and complete honesty with my readers, it is left available for your reading pleasure. I still hold to the idea that state level associations should move toward their own certification standards for paralegals, which would help employers choose highly qualified individuals by a familiar and closed set of standards, and would further promote education and professionalism of legal professionals in the state. In my own state, and especially in my more rural area, paralegals and their employers would likely greatly benefit from such a system.

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"So how does the paralegal profession deal with ethics violations?" asked the Boss. It was a perfect question. We were discussing the idea of non-lawyer practice that some states allow, licensing standards for legal professionals, and the fact that it takes knowledge and experience, not inherently a degree, to be competent in the legal field. That being said, we both agreed that regulation is key in the legal field to weed out the incompetent, unethical, and otherwise dangerous people from taking advantage of the public. So when talk turned to paralegal standards, he asked the above question.

My answer was simply that probably paralegals who violated the rules of the organization that certified them, whether a state bar association or a national paralegal association, could lose their voluntary certification. I have never heard of this happening, but I simply imagine this to be the case. What is given can be taken away. Of course, because there are no uniform standards that all paralegals must uphold, and because certification on national and some state levels is purely voluntary, the punishment does not seem very severe. So I explained that this is one reason I am in favor of regulation and uniform standards, at least at the state level. This assessment led to another question:

"Would you really want to be held to a standard that took away your paralegal status if you engaged in the unauthorized practice of law? The rules are so vague." He went on to describe the rules for attorneys as hard and fast, unchanging and definite, compared to gray and varying rules for paralegals. Cha-ching. My attorney gets it. He went on to describe me as more careful than most, and yet agreed that some of the things I do on a daily basis could be stretched to be construed as UPL. After all, I have read some crazy UPL opinions in my time. My favorite was the suggestion that paralegals should not use words like "our" or "we" when talking about clients or the firm, I suppose because those words imply a level of representation. I am guilty of using "our" when referring to firm clients or firm actions. As I see it, I am an extension of my attorney, so "our" is perfectly appropriate. Also, my state was not the one which expressed the restrictive opinion.

But the Boss hit the nail on the head. How can we hold ourselves to regulatory standards before hammering out definite uniform rules? When are we going to gather together under one banner and one set of accepted rules and values, at least state by state? That is the first step. Many states have begun taking such steps, with paralegals submitting to certification and/or regulation from one organization within the state. Of course, one of the problems in other states, including my own, is that while paralegal ethics rely upon attorney ethics for their existence, many bar associations refuse to associate with paralegal organizations in a meaninful enough way to aid in governance. Unfortunately, they must do so if paralegals are to be meaningfully governed. This is a conundrum. They do not seem to realize that they already inherently govern our standards by extension, just not in an organized and effective manner.

And yet, at the same time, I am not of the mind that all state bar associations should adopt a paralegal division and begin regulating paralegals. That is merely the answer that sounds good to me today. I am not sure what the specific answer is. I do know that until we have hard-line rules in each state and at the national level, the profession itself will remain fairly unorganized.

This is the conclusion I came to today. Please give me some feedback and your thoughts. I'm not married to these ideas, but this is a discussion that we must start having, for the legal community, for our profession, and for ourselves.

The Best Worst Interview Ever

2009-09-03T21:59:00.001-05:00

I was inspired by a recent Twitter conversation with Lynne DeVenny (your favorite author of that lovely paralegal blog Practical Paralegalism) to recount one of my favorite interviews of all time. I did not get the job, but within twenty seconds of entering the office, I knew I did not want it.

In a vain effort to move in what I believed to be an upward direction in my profession, I began searching for a job at a larger firm last Fall. After peppering the Birmingham, AL area with unsolicited resumes, and subsequently interviewing for three jobs which I did not get, I resorted to answering Craigslist ads. Now, I know Craigslist is reputable in other parts of the country, but that statement doesn't hold true all the time in Alabama.

So I received this call from a very nice guy working at a law firm in Birmingham. I have forgotten the name by now, but we can call it "Shady, Skip & Trace" if you catch my drift. I had a difficult time finding the place, as it is located in a post office building, upstairs, through a painted white door with no window. I rang a bell, and a girl in a t-shirt and khakis answered. She was very young, probably in her early twenties. Her hair was pulled into a casual ponytail.

The office was dimly lit with bad overhead flourescent lights on a low ceiling. There were no visible windows. The entire office space was filled with rows of cubicles. The girl directed me to the break area, which was really a half-room that opened straight into the office. It had a sink, a refrigerator, and one small table with two chairs. The chair I sat in reminded me of those plastic chairs made for children. I was given an application to fill out. They already had my resume and nicely typed cover letter. As soon as I realized that I was supposed to fill out an application, I decided I did not want the job.

The sight of a rough looking lady in casual clothes with a few exposed tattoos confirmed that this was not the type of law office I was interested in. Still, I couldn't just get up and walk out. Good manners dictated that I complete the interview process.

A few minutes later, the girl led me to one of the cubicles in the back, where she introduced me to the man I had spoken with on the phone about the job. He gave me a hard copy of a motion to type into a word document. I am not sure whether he was timing me, judging my accuracy, or just testing my entire demeanor. I will never know.

When I had completed the short test, he printed my page out, handed it to me, and directed me to the boss's office for the real interview. Upon looking at the test page, I realized that I had guaged the font incorrectly. Sigh. When I entered the boss's office, the door was left wide open. I handed him the paper with my sample motion and stated that I noticed I had made an error in choosing the font size. He looked at my over his small glasses lenses and did not crack a smile. His face seemed to say, "Oh god, another one of these people."

I shook his hand, sat down, and did not feel comfortable for one moment. As he looked me up and down without saying a word, I could feel my legs prodding the rest of my body to follow them to the door. And yet I remained.

Because I had responded to so many craigslist ads and because they are usually very vague and so few of them actually give the name of the law firm, I had brought with me my generic resume. The man on the phone had neglected to specify what type of job I was interviewing for. The boss was not impressed with my generic resume because it was not the one I had first sent to him. Obvious interview foul on my part. To this day, I have no idea which resume I sent to him. I searched for it on my computer over and over when I returned home. I am not even sure I applied for this job. I think the devil made them call me so he could have a little fun. I explained that I must have printed out the wrong one for that specific interview.

The boss did not seem to heed my explanation. Instead, he started grilling me with questions about why I would bring a paralegal's resume to an interview for a job collecting debt. I looked him straight in the eye and told him that nothing I had read about the job, nothing I could find about the law firm before the interview (and I looked), and nothing the man on the phone had told me had ever given me reason to believe I would be working for a collection agency. He still did not seem to understand. He continued explaining the job duties to me, emphasizing that I would have to do all of my own skip-tracing. If he had not already lost me at the front door, this is where it would have happened. I am 5'1" and 110 pounds.

Then he moved down to the salary request on my resume. He explained that I was asking too much for the position he had open. I repeated that the resume I brought was not written for the position at his firm, and I even stated that I had not realized I would be interviewing as a debt collector and skip-tracer. And again he ignored me to discuss in great detail what type of pay I could expect from this job. When I told him his compensation would be inadequate, he finally seemed to understand that the whole thing had been an accidental interview.

But rather than dismiss me from his office, he gruffly explained that I would rather be a skip-tracing debt collector than a professional paralegal because paralegals in big firms work such long hours preparing for trials and are forced to dress in business attire. I found myself at a loss for words. His description was exactly what I was looking for, yet he spoke of it with disdain in his voice.

The interview ended as he asked whether I would be interested in being considered for the position. With as straight a face as I could muster, I thanked him for his time, declined consideration, and escaped.

Perhaps that was the moment I realized how grateful I should be to have the job that I have working for Boss I have. Not long after that interview, I related the story to the Boss and eventually decided to stay in my small town law office. Thanks to Craigslist, I have never looked back.

Come On Alabama, Join the Paralegal Bandwagon

2009-09-02T18:37:00.000-05:00

The paralegal blogosphere has been riled lately by the South Carolina state bar's stance against voluntary certification. You can read about it at the Estrin Report. My opinion of this news and some of the reasoning behind it could better be expressed by a facial expression rather than words.

However, while I am connected with paralegals all over this great country, and some of you actually live and work in South Carolina - keep up the good fight, you'll get there sooner or later - I live and work in Alabama. This report inspired me to investigate my own state bar's stance on paralegals. It was quite the interesting research project.

The first source I found was the February 2009 minutes report from an Alabama State Bar Board of Commissioners Meeting. The state bar of Alabama has apparently created a "Task Force on Allied Professions," an effort which goes to their credit. At the February 2009 meeting, this task force presented a new definition for the word "paralegal" in the state of Alabama. The presenter gave several reasons for a new definition, including profitability of law firms and proficiency in staffing. However, a few objections to the definition arose. First, someone believed that describing paralegals as performing services similar to lawyers, which the definition apparently provided for, would appear to permit the unauthorized practice of law. Another objector stated that the bar association's job is to regulate attorneys and that the attempt to define the term "paralegal" would lead it down a "slippery slope."

My thoughts on these fine lawyers' opinions vary. First, I understand our first objector's concerns about UPL, however overbroad I think his interpretation of it to be. It is still a valid concern. Yet, if he is concerned about a new definition appearing to advocate UPL, he should be more concerned about the one we already have for legal service providers. Ala. Code section 6-5-572 currently defines a legal service provider as

Anyone licensed to practice law by the State of Alabama or engaged in the practice of law in the State of Alabama. The term legal service provider includes professional corporations, associations, and partnerships and the members of such professional corporations, associations, and partnerships and the persons, firms, or corporations either employed by or performing work or services for the benefit of such professional corporations, associations, and partnerships including, without limitation, law clerks, legal assistants, legal secretaries, investigators, paralegals, and couriers.

Under the definition provided by statute, there is very little distinction between lawyers and nonlawyer legal professionals. A state bar recognized definition of paralegals would only serve to better define and better set the limits of paralegal work.

The second objector's opinion, I also find almost agreeable. My problem is this: one of the inherent characteristics of the paralegal profession as most of us know it includes working under the supervision of an attorney. We do not exist without lawyers. Many lawyers would have a hard time existing without us. Our relationship is symbiotic and mutually beneficial. If paralegals do not exist apart from attorneys, then we need some interaction on a real level with the state bar association. We do not have to be accepted into membership, with fair reason. But it makes no sense for the men and women who hire and utilize us on the one hand to ignore the need to define our presence in the legal field on the other. Makes me feel like that dorky girl who some too-cool guy hangs out with in private but feels like he has to ignore in public. Sigh.

I was unable to find whether the definition has ever been brought to a vote by the full Alabama State Bar. I believe that if it had been accepted I should have been able to find it on their website. Alas, I found no such thing. There's always next year. And a new generation of attorneys who are entering a legal world where the presence of paralegals in this field is the rule, not the exception. I just hope my state's bar isn't the last one to join the dialogue regarding paralegals in meaningful way. Perhaps Alabama will someday jump on to the quickly growing list of states that either define or regulate paralegals. With any luck, it will happen before I retire.

Another Lesson Learned

2009-09-02T17:54:00.000-05:00

Today I learned something I had always expected about myself: criticism makes me better. A better paralegal, a better student, a better person. Being made aware of my specific mistakes only increases my potential and reinforces confidence.

But why would criticism give me confidence? you might ask. It is negative and induces a feeling, however fleeting, of self-loathing. But I enjoy it for the same reason that I always enjoyed A-'s in school. Criticism tells me there is still room for improvement, still much to learn, and still something to strive for. It gives me a purpose.

Today I was on the cutting end of some remarks from a judge. To his credit, he answered his own phone when I called expecting to speak with his assistant. During our short conversation, before I became flustered and handed him over to the Boss, I learned a lot about myself. I learned that no, I have not thoroughly examined Rule 4 of the Alabama Rules of Civil Procedure to the depth that I should. He also led me to second guess myself on a few other matters that had nothing to do with the case at hand. The conversation had a domino effect. One by one, several of my previously held beliefs toppledover under the weight of this judge's opinion. And all that from a one minute conversation.

Once I had passed him to the Boss, I began reading Rule 4. I've read it before, but this time, I broke it down into elements the way they teach you in your first paralegal class or your first year of law school. The conjunctions gave me problems. Without commas (thanks, Alabama), it is difficult to decide which and goes with which or, or if the or doesn't go with any and at all and in fact sits courageously alone. So I went to case law. All because a judge held a mirror up to my lazy face. The case law told me exactly which or went with which and, and it was not the and I wanted it to attach to. I would have preferred the or to remain out there on his own. But I suppose sometimes there is something to be said for conformity, especially in the law, where it is beaten into our brains on a regular basis. Of course, I think the Boss was laughing at my over zealous study of such a seemingly insignificant rule of procedure. At least he kept the laughing on the inside.

My point is this: that criticism leads to deeper understanding and better learning. I am thankful that the judge made me feel just a little smaller than I wanted to feel at the time. His honest question led my own honest questions of myself. Now that I have read, nay, studied Rule 4, I know how to answer that question next time. Of course, with this better understanding, I am hoping there won't be a next time.

Jerks in the Workplace

2009-08-31T22:07:00.001-05:00

Let me first admit that I don't have much experience in this area. I am fortunate enough to have an amazing supervising attorney who, though he probably doesn't realize it, is a great manager of people. That being said, every time I read through a paralegal textbook or open a paralegal magazine, I seem to find the same advice regarding the apparently inevitable bad supervising attorney.

To be clear, I've never personally experienced the bad supervising attorney, but he (or she) is supposedly rude, overbearing, and demanding. He or she treats nonattorney staff and probably everyone else... poorly. It is likely the bad supervisor is either a newbie and completely insecure about her place on the imaginary totem pole, or extremely experienced and has gotten away with the bad attitude for far too long for anyone to expect him to change.

Whichever one of these guys you run into, conventional wisdom seems to be "just deal with it." I heard of a situation recently in which a highly experienced paralegal described performing a task her attorney told her to do, only to have him yell at her later for doing it. Apparently the instructions he gave were ambiguous or not clearly stated. Suffice it to say, what he meant to instruct her to do and what she read were two different things. Rather than explain to him in a courteous and professional manner that there was a misunderstanding (so that such errors could be avoided in the future), she held her tongue and apologized. For what? I ask. For not reading his mind? For the sake of his ego? For fear of losing her job? No purpose is served by allowing your supervising attorney to believe something that is not true about your judgment and skills. If you have spent years working at something, giving it all your effort, you should not have to cower at your place of business. If anyone expects this, there is a major flaw in the system of your profession. Perhaps I am idealistic. Perhaps I can afford to say these things because I have a stellar Boss. Still, there is something wrong with that picture.

In my own paralegal text books, I came across various hypothetical situations where the correct answer was simply to accept the subordinate role and apologize profusely. Now, in matters of law, I am in complete agreement with the subordinate role. You won't ever catch me telling my Boss that my legal judgment is better than his. First, it just wouldn't be true. Second, even if it were, it wouldn't be my place to tell him so. However, in matters of basic management and administration, the only thing my Boss has on me is years of experience. There is no business management license that will suddenly allow one to manage a business. There is no administration license that suddenly allows someone to perform administrative duties in a business. This is not to say that I regularly exercise insubordination, nor would I. In my case, I have a lot of respect for my supervising attorney as a lawyer, a Boss, and a person. If I didn't, I would not be working for him. If he were a regular jerk, things would be different.

The first thing that would change is my job. Upon understanding that I had a bad boss, if I were working at the small firm I am now, I would immediately begin a job search. I know what you're thinking... what if the only lawfirms in your area all drink from the same water cooler? Well, if you try a few firms out and they all appear to employ snotty, horrible people, you can a) move (I know of some great attorneys around here... but don't even think about trying to move in on my job) or b) give up on the paralegal profession entirely. Luckily, as in most other fields, jerksters are the exception, not the rule, so you shouldn't have to resort to plan b.

In a bigger firm, the issue may be more complicated. But you never have to meekly accept disrespect and rude behavior from an attorney with whom you are working. It is my understanding that larger firms usually have supervising partners who govern associates and sometimes paralegals. It is also my understanding that larger firms usually have human resource departments. Before accepting that you will have to duck to avoid flying pens every day, or that you will have to bow before a daily dose of arrogant suggestions ( "Did you think I wouldn't want coffee this morning?"), I highly suggest approaching someone in a true management position to a) alert them of the situation and b) ask for tips on how to handle this person. Obviously, this should not be done to "rat out" the bad seed, but rather to give HR a heads up. If done in a professional and mature manner, such action can encourage management to take subtle action. It can also alert them to patterns of behavior that may be caused by something more than a superiority complex - drugs, alcohol abuse or depression for example.

This advice goes for any job actually. Bad managers don't deserve good employees. When I was a senior in highschool, I was a hostess at a restaurant. We were having a particularly bad night when our manager came to the hostess stand and started pitching a true fit. He threw his notebook across the room and yelled at us in front of a crowd of customers. I did not walk out, though I wanted to very badly; rather, I quietly started preparing to leave the job. No burnt bridges, no more bad boss. Criticism, I can take. Guidance is necessary. Though I've never experienced it, discipline may sometimes be needed. But rudeness, haughtiness and superiority complexes from someone in a supervisory role? No thank you.

If you are working hard and are competent at your job, you should not have to accept disrespect from people with whom you work. If you have a job where this is the status quo, for your sake, please start looking for a new one. It is not good for the individual, for the paralegal profession, for the legal field, or for the business world in general, to accept and thereby promote haughty/bad/rude behavior from attorneys, or anyone, for that matter, who is in some sort of supervisory role.

I suppose I break tradition when I say these things. Perhaps I'm too insubordinate for my own good. But come what may, I respect myself and my chosen profession. I am no one's doormat. And neither are you.

Team Work at the Law Firm

2009-08-29T08:54:00.001-05:00

I was recently asked to phrase my blog in less of a lawyer v. paralegal style with a better focus on the fact that we are all on the same team. This entry, therefore, includes hints and tips which will in fact make the practice of law a team event.

Go to court with your attorney. Every firm is different, but even if you ask to attend a trial and the answer is "no" you have at least shown interest and given the decision-makers a reason to think about it. Just be prepared if the answer is yes. The office dress code may be a bit more casual than that of the court. Also, courts differ on where paralegals may sit when accompanying attorneys to a trial. I have heard that a few states will allow paralegals to sit beside the attorneys at the table, but the vast majority of courts will require you to sit with the public. No matter where you sit, though, being in the courtroom during a trial can give you valuable experience, and every once in awhile, it's just plain cool.

Sit in meetings with your attorney. Again, every firm is different, but perhaps your attorney has never thought of having you in a client meeting. Ask. One of the attorney speakers at a recent conference I attended stated that it is a mistake for lawyers to conduct initial client meetings without their assistants. The reason he gave is that the lawyer takes in information by calculating legal angles and gathering the necessary information for such. The paralegal is more inclined to be thinking about what vital statistic information he needs to draft documents or get information from third parties (social security numbers, release forms, contact information, etc.).

While I have never asked to sit in a client meeting, it is not because I don't think it would be helpful but rather because of lack of space and time. I could probably attend the meeting, but then that is taking up time that I could be working on discovery or making calls while the Boss is busy. In our office, it makes more sense to me that I am working on something different while the Boss is conducting his meetings. Also, our office is nice, but small. If the Boss were meeting with one person, it might be intimidating for that person to have both of us sitting in the meeting. And if he were meeting with more than one, there would be no room for another warm body anyway.

Become competent in everything you can do so that your attorney can focus especially on those tasks only he can do. I have said it before, and here I've said it again. While the attorney should be able to do all the things you do, he shouldn't have to. Learn how to effectively research and stay on top of the best search practices. Know procedure, so that when a client calls for an update, you can give her dates to look forward to. I get calls all the time, especially right after I send a status letter with a notice of service, asking what happens next. They are not usually looking for a legal answer but rather for the next step, the next important date on the calendar. A client's matter will usually feel urgent to him, so letting him know that the defendant has thirty days to answer, and that we will not be able to move forward until we receive the answer or reach the expiration of the thirty days, will help ease his mind.

Do it right the first time. Sometimes I am tempted, especially when I've been staring at a computer screen for several hours, to just hand a rough draft of a complaint or brief or motion to the Boss and let him figure out what to edit. However, this won't save anyone time, and it won't save the client money. I take a deep breath and perhaps a five minute break before diving back into the issue. When I finally give the document to my attorney for review, I have overlooked it at least twice. He will still inevitably want to change my wording here or there, and sometimes he finds a blatant copy-paste error I've missed, but if I have taken my time and put forth all my effort, he is usually satisfied with the draft I bring to him.

Be the go-to person. Every team needs someone they can rely on for almost anything that needs to be done, just in case. This kind of fits into being proficient at all tasks nonattorneys can do, but here we're taking it a step further. Be willing to take on any project, large or small. Or at least don't act as if you are above it. If you feel like your talents and skills are not being utilized, or if you feel like your billables aren't being met because you've been asked to make copies twelve times today, approach it from that angle of "I'm not going to be able to meet my billables" rather than "This is not in my job description." If your supervising attorney keeps sending you to pour his coffee, perhaps you should ask her nicely if she wouldn't be better served by using you in a more substantive capacity. (Personally, I would probably ask her if she wouldn't be better served by getting her own coffee, but I realize that not every lawyer is as self-sufficient as mine.)

Demand team work. Or at least subtly demand it. If you have a secretary, utilize him to the best of his abilities. If you are about to work on a nonbillable task, ask yourself if you could delegate it to him. Talk to everyone at the firm, make them all your friends, find someone in each role you can use as an emergency resource or for uplifting discussion. Don't associate with only those individuals at your "level." Team work requires mutual respect and positive thinking from everyone in every role. Being "above" someone in the ancient hierarchial system does not exempt you from treating that person with respect and expecting the best they have to give. That means that the people "above" you are not exempt either. Perform as if you assume everyone on the team knows this, and if they don't already, they should eventually come around.

So there you have it, my six tips for teamwork. Let me know how they work.

Does Nonlawyer = Incompetent?

2009-08-28T21:15:00.001-05:00

In my unrivaled wisdom and all-encompassing knowledge, or perhaps in my efforts to over-generalize a bigger issue, I have reduced the types of people who work as nonlawyer legal staff into three distinct groups. Please see below for details.

The Easies These are the individuals working at the law firm not for the clients or the law, but for the cushy office job. They include everyone from highschool students who come in to run documents in the afternoons or over the summer, to young adults who have not figured out their true career aspirations, to part-timers who need the job but not necessarily the money. They take jobs as runners and receptionists, secretaries and file clerks. Many times, the job is simply a paycheck for a temporary period of time, and they tend to treat it as such. They are not to be confused with the runners, receptionists, secretaries, and file clerks who take their jobs seriously and are committed and competent employees - I will address them in a moment.

The Inbetweens These employees can be divided into two subsets: those moving up and those stepping down. The employees moving up are using their legal staff position as some sort of leverage into a new area. Perhaps they intend to go to law school or want to gain legal experience to take with them to the corporate world. Whatever their purpose, they are using the job as a learning and networking tool. Since they are committed to moving up some type of ladder, these individuals will likely be competent, helpful, and smart. Those stepping down are getting ready for retirement, but have not let go of the working world yet. As experienced careermen, they enjoy the interesting legal work, but are not looking to climb any ladders. Their backgrounds tend to be diverse. They will be competent because they just are. After thirty plus years in the career world, it is in their blood to do a job and do it right.

The Career Staffers These people are serious about their jobs. They enjoy the law, working in the law, reading law, aiding attorneys in the practical application of the law, etc. They also fill many of the same positions the Easies fill: secretary, receptionist, file clerk, paralegal. The difference is, these individuals do a better job because they want to be there doing it. This is my current niche, and I know there are plenty of us out there. Because these individuals are serious about their roles in their firms, they are competent and keep themselves educated on important topics. Their goals include great client service, efficiency, and results. They are smart, loyal, and hardworking. They have standards, whether those held by the professional organizations they belong to, or those they hold within themselves. A smart lawyer will have at least one of these people by her side.

One problem I have recently faced is that the Easies have a negative effect on the perception of the Career Staffers. Just today I participated in a conversation with an attorney who was describing the lack of organizational skills of some legal staff he works with. When I asked why they are so disorganized in general, his response was something to the effect of "Well, they're nonlawyers and didn't have proper training." While I would agree that lack of training in basic organization could be a problem, the fact that these people are "nonlawyers" should have little to do with their organizational skills. (I know for a fact that they didn't offer Organizational Skills for Lawyers 101 when my Boss was in law school.) Still, the incompetence of some of the Easies (not all, of course) is giving the rest of us a bad name.

Lawyers, if your legal staff, especially your paralegals, are highly unorganized or incompetent, it has nothing to do with the lack of a law degree. Perhaps you need to figure out which group they fall into. If you need someone with motivation to do a job and do it well, don't hire an Easy. However, if you just need a body to fill up eight hours in the day, be my guest. Further, if you do not feel that you can use your paralegals for researching, analyzing and synthesizing case law, drafting motions, and corresponding with clients in a professional manner, then you have the wrong paralegals. I read somewhere that highly skilled paralegals with a certain level of experience should be able to perform associate level work under moderate supervision. If I were an attorney, which may still happen, I would want the most competent and intelligent assistant I could find.

One way to be a great leader is to surround yourself with talented people. Perhaps if more lawyers and firms hired highly skilled staff, the perception of nonlawyers as incompetent and unknowledgable wastes of firm space would shift. However, most of the responsibility lies with paralegals and other nonlawyer staff. If intelligent, competent nonlawyer legal professionals are to be the rule, we have to keep insisting on more uniform standards among ourselves, and then uphold each other to those standards.

The overall trend is a positive one, and organizations like NALA (National Association of Legal Assistants) and NALS (National Association of Legal Professionals) are achieving goals step by step. One by one, state bar associations have started coming around, too. I'm optimistic that sooner, rather than later, anyone who sneers at the word "nonlawyer" or "paralegal" will be recognized by all as either insecure or out-of-place in the legal profession and that law will be seen by all of us as the team sport it truly is.

A Major Overhaul... or Invasion of the Independent Paralegals!!

2009-08-27T17:10:00.000-05:00

Robert Mongue, at The Empowered Paralegal blog, and I have been involved in a sideways dialogue of late regarding independent paralegals and UPL. His most recent post about independent paralegals, which can be found here, actually blew my mind a little bit. I thought I was reading an entry about independent paralegal practice, but I ended up diving head first into the Bellow-Sacks Access to Civil Legal Services Project, a broad access to justice project that has suggested, among other things, regulating limited nonlawyer practice in a few specialty areas of the law to achieve better access to legal remedies for indigent and even middle class citizens.

But this is not where the project either begins or ends. Its scope is so wide, and it so boldly threatens the ABA's monopoly on the legal world (or at least, it would appear that way at first - it would probably actually stregthen the positions of attorneys as leaders in their field by helping to fix the public's view of the legal system), that I imagine the best parts of it may never be implemented.

I have found three beautiful papers on this philosophy, two of which I share below. I wish I could express all of their findings and research-backed opinions in the small space I have here, but the most I can do is give you a list of highlights of each. However, I urge you to read them yourselves and join with me in this dialogue about how the legal community can rise to better serve the needs of individuals who need us.

In the first research-oriented paper I read on this subject, which I found at The Empowered Paralegal, the author makes the following points:

- Few lawyers tend to be interested in the areas of law in which low and middle income people need services, such as family law, debt, etc.
- Less than 17% of lawyers participate in pro bono programs, for various reasons.
- The United States Federal Administrative Procedure Act already authorizes qualified nonlawyers to appear before federal agencies to represent an individual.
- Several states, California and Washington included, already allow limited nonlawyer practice, to positive results.
- Pro se litigants could stand to benefit from the guidance of nonlawyer facilitators who could take them step by step through the legal process.
- Although critics suggest that in theory, offering nonlawyer legal services will diminish the quality of legal services to the public, existing evidence suggests the opposite may be true.
- In some other countries which allow nonlawyer practice, specifically England and Wales, lawyers had more cases that resulted in an inadequate rating of services, while nonlawyers had more cases that resulted in a rating of "excellent."
- In the U.S., what little comparative research we have on the topic suggests that nonlawyer specialists perform as well as lawyers. In fact, in a survey of consumer satisfaction with legal services, nonlawyer practitioners scored higher than attorneys. (There are various reasons for this, and I'm betting they don't include anything truly negative about lawyers, but rather how much consumers valued the services versus what they were charged for them.)
- UPL rules are overbroad: "Rather than sanction fraudulent legal service, the unauthorized practice doctrine prohibits lay practicioners from performing any traditional legal task."
- UPL rules "fail to fairly inform either the Independent Paralegal or the general public as to what conduct is prohibited."
- Case law shows that UPL laws in the U.S. have been relied on more heavily by members of the bar rather than by consumers, whom the laws are supposedly meant to protect.
- If nonlawyer specialists were narrowly regulated by licensing, minimum standards, etc., as opposed to broadly banned, the consumer would stand to benefit.
- UPL rules are based on the idea that laymen do not have the knowledge or ability to represent others in legal matters. But Independent Paralegals "develop not only competent, but highly specialized expertise by focusing on a specific area of the law or engaging in a certain type of assistance over time." And "[l]aw school does not teach some of the specialized legal knowledge that paralegals acquire from experience." (Or that knowledge attorneys acquire through experience, either.)
- By eliminating UPL rules and regulating highly specialized areas of nonlawyer practice, lower and middle income individuals would receive higher quality and more affordable legal services.

I am leaving out a ton of research and major points, of course, because the paper is so dense with information and thought0provoking discussion. The next piece of literature I found on the Bellow-Sacks project was much more practice-based, and provided a guide for the set-up for a form of socialized legal aid. You can read it here. Below I have listed a few of its highlights and proposals.

- Courts run better, and less time and money are spent when litigants are represented by attorneys, but not everyone can afford a lawyer.
- The Bellow-Sacks Access to Justice Project proposes the following: preventative legal aid, strong management and accountability, reforms that will reduce costs as well as the need for expert legal assistance, and private bar innovations to bring legal costs down.
- Not all legal needs are equal. Sometimes those who can least afford an attorney need assistance the most. (Think of indigent individuals who may be illegally and unfairly evicted or people living with spousal abuse.)
- Some legal issues do not inherently require the advice and expertise of a licensed, experienced attorney. (I know many of you will disagree with this; I'm just the messenger, this is a project created by highly educated attorneys.)
- The project proposes a "Service Pyramid" that involves, from base to tip, the following:
1) Web-based information;
2) Phone and web-based tools;
3) Brief service and advice with web-based tools;
4) Paralegals and lay-advisors; and finally
5) Law student and lawyers. Highly expert lawyers are at the tip top of the pyramid.

The purpose of the project's proposals and the focus of its research seems to be about finding a way to serve the poor and middle class with high quality legal services while at the same time allowing attorneys to take cases that will actually make money. This, as opposed to hoping more lawyers will give up the financial opportunies in order to provide free services to people who can't pay what their time is worth.

The project also includes co-pays, subsidies, and a lot of other things that give me great pause as to what kind of system it would set up; however, the idea is novel to me, and therefore intriguing.

Read the pieces, let me know what you think. I am itching to have a real discussion about the pros and cons of this type of legal system overhaul. I also would like to find out what happened to the project. Everything I find is from 2005 or earlier. I am sure bar associations didn't take kindly to it.

What I found most interesting about this project is that these ivy league education attorneys were promoting the idea of limited nonlawyer practice for the benefit of low to middle income people. They could probably command outrageous salaries at major firms (even in this economy), and yet they are not afraid of the ramifications of allowing nonlawyers to step in to handle those cases that highly educated attorneys don't want anyway.

If you have actually made it to the end of this entry, Reader, congratulations! I will reward you by stopping now.

The Paralegal with Many Faces

2009-08-26T21:13:00.000-05:00

The Boss recently surprised me with brand new, uber professional business cards. They look just like his, but with my name and designation as a certified paralegal NALA-style. I have worked for him for nearly two years, but this moment spoke to me in an I-am-here-to-stay kind of way. I definitely can't leave before using all of those business cards, at any rate.

As I read my card, with my title printed so clearly, I began thinking of all the things I do as the paralegal at our tiny firm. I am the clerical staff, the mail room, the coffee maker, the filer, the runner, the paralegal (of course), the notary public, and the receptionist. I take on all of these roles as the need arises, just like most people who work in small offices. The Boss, also, is not too proud to pour his own coffee, or to answer the phone when necessary. I've even caught him making copies before. This is the nature of a small office. When the population of the workplace constitutes the owner and his one employee, both are pretty self-sufficient.

Apparently the big firms require less effort from their attorneys when it comes to tasks that don't require a license. Our new neighbor, we'll call him Newbie, who just left a big firm and now works in the office above us, has convinced me of this. He had been with the big guys just long enough to forget how to function without the full support staff- paralegals, secretaries, IT professionals, etc. His current staff consists of his wife on a part-time basis until they learn that working together will result in one of their untimely deaths (very likely his own). But when she is not there, he relies from time to time on my expertise in certain areas, such as "where things go" when they are scanned into a computer.

It all began with a phone call last week asking me how to save a document as a PDF. I explained that we use CutePDFWriter. He ended up emailing me the documents so that I could save, convert, and email them back to him as PDFs. The next call came hours later, asking what kind of scanner the Boss has. The Boss and I both have all-in-one printer/copier/fax/scanners. I think they are fabulous. Newbie informed me that he already had a printer, so an all-in-one machine could get redundant. A few hours later, he returned with an all-in-one machine.

It was not long before another call came in.
"Do you have any extra USB cords down there?"
I checked. We didn't.
"My scanner didn't come a USB cord."

I went upstairs to examine the situation. He was right. His machine did not come with a USB cord. I think that's the way it is these days. The companies just expect you to have your own cord. "You'll have to buy one," I shrugged. But he needed to scan something that very moment. I asked if he had any USB cords hooked to something else that he could afford to go without for a bit. "Well," he hesitated, "I suppose I could unplug my printer's USB cord, at least for awhile." I tried not to smirk then as I asked, "Is there a reason you don't want to use your new all-in-one as your printer, too?"

But this is not where it ends, Reader. Once we had him up and running, I returned to my desk downstairs. I was right in the middle of recording an entry in my notary journal when the phone rang again. "When you scan something, where does it go?" I marched up the wooded stairs in my heels one more time to show him how to name a file and direct where it is to be saved. I'm sure this information was somewhere in a manual that came with the machine, but he did not appear to have time to look. I'm not sure the thought of a manual ever crossed his mind, actually. I suppose in big firms, IT is but a phone call away, and the secretary scans all of your documents for you.

The Boss just shook his head when I returned to our office. He was smirking, and I think I heard him mutter something about "fancy lawyers" when I walked past his door. As for me, I have one more title to add to my rather long list: IT Extraordinaire!