Jumping Into the Deep End

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.

The Good Days

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.

The Destruction of New Year Resolutions

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.

'Tis the Season...

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

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.

All In A Day's Work

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.

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.

Good People to Know: Court Reporters

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

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?

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

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

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

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

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.

Higher Education

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

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

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.

Dreams and Such

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

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.

Spotlight on Minnesota

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?