Paralegal Misconceptions

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

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)

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...

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

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

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

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.