Paralegal Journal Issue 1

Issue 1

TPJv1-11.indd 1

JULY/september 2011

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contents

july/September 2011

Departments In Every Issue: 20

Feature Articles:

Association Profile This Paralegal Association is Setting New Standards

30

Career Path Always Moving Forward

9 Professionalism

5

Navigation Tools For Your Career

LIGHTBULB Moments 10

Regulation Update Is it Time for Regulation or Just Time to Regulate Ourselves

33

Sound Off! Survey Results Paralegals Respond to Survey on Paralegal Schools

18 Technology It’s 2011: Why Don’t Paralegal

15 Is Paralegal

Education Keeping Pace?

Schools Have E-Discovery Classes?

14

The Lighter Side Believe it or not - It’s The Law

24

View Points What Value Is There in Continuing Education?

34 35

21 Associates

vs Paralegals

Advertiser Directory Continuing Education Litigation Paralegal Boot Camp

34

Subscription Information

26 The X Factor in Indispensable

Issue 1 - 2011 • THEPARALEGALJOURNAL.COM •

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EDITOR’S NOTE

We are excited to give you our first issue of The Paralegal Journal! Our mission is to promote the paralegal profession and to do so by inspiring career growth and reminding you that you are in a profession that you should be proud of.

Rather than just write

about what has happened in the paralegal profession this past year, we will provide tools that you can use to advance your career this year and beyond. Benjamin Franklin once said, “Without continual growth and progress, such words as improvement, achievement and success mean nothing.”

The Paralegal Journal wants to be a part of that growth and progress.

Sometimes that will mean publishing articles that get conversation started about topics that others consider off-limits or do not want to publish for fear of scaring away advertisers. Like a couple of the articles in this issue that question whether keeping the status quo in paralegal education is holding back the profession as a whole. Why does that matter to the paralegal who has been out of school for ten years? It matters because that newly graduated paralegal who lacks the proper training will struggle through their first, second and third paralegal jobs until they finally get the training they need or they give up on being a paralegal. All of the attorneys they have worked with along the way have formed an unfair and incorrect assessment of paralegals and that is not good for anyone.

There are some “feel-good” stories out there that we will report on occasion, if it sets an example for change like the one this month in the Paralegal Association Profile section showing other associations that obstacles are only obstacles if you let them be. Sometimes obstacles are motivators for change.

It has been said that your world changes when you create something and put it into the world for everyone to benefit from. That’s because what we create contains a little spark of us, a spark of who we are. At a minimum, I hope this magazine ignites a spark that you want to put out into the world, inspired by a renewed level of pride in your profession.

Many thanks and happy reading,

Ann

Ann Pearson apearson@theparalegaljournal.com

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Publisher.

Pearson Resource Management, LLC

Managing Editor Ann Pearson

Advertising Sales Director Tom Flynn

Graphic Design and Photography DzinDNA.com

Website iQuest Web Design

Contributing Writers This Issue Perry Binder Phillip Bradley D. Jeffrey Campbell Craig Hardesty K. Paezle Harris Terri Hendley Keisha Hudson Grace Heron-Nolan Todd Noebel Ann Pearson Gina Romaniello Erika Santiago

Contact The Paralegal Journal

Web: www.theparalegaljournal.com Email: info@theparalegaljournal.com Phone: 404-378-8370 Fax: 404-592-6109 Mail: Pearson Resource Management, LLC 1401 Peachtree Street, Suite 500 Atlanta, GA 30309 Media Kit Requests: info@theparalegaljournal.com © COPYWRIGHT 2011 by Pearson Resource Management, LLC. All rights reserved. The contents of this publication may not be reproduced without the written consent of the publisher.

Articles contained in this publication may provide opinions of the authors that are not presumed to be opinions of the publisher. Any article submissions to The Paralegal Journal are submitted with consent from the author to the publisher to edit any content as deemed necessary for publication. The Paralegal Journal does not endorse or recommend any advertising materials contained herein.

Feature Article

Navigational Tools for Your Career I admit I was skeptical when I

paid for the navigational system on my car a few years ago. Not only did I resist entering my destination to get the turn-byturn directions, but I often forget to look at the map on the screen as a resource when I already knew where I was going. Fast forward to today: I regularly use the navigational system to find new places and to obtain suggested alternative routes to familiar locations.

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Feature Article

Does your career have a destination?

Have you decided which turns to take to get there without getting lost or taking a more circuitous route than necessary?

Will you use a navigational system with suggested routes or remember to look at the map?

If your goal is too vague, it will be impossible to know when it has been accomplished. Think about your general idea first, and then narrow your statement so that you have a clear objective.

For

example, a general idea is to become more proficient in technology.

A specific goal is to become an advanced user of Microsoft Excel and PowerPoint.

Many large law firms require their associates to design the roadmap for their successful career, calling this map a professional development plan. They sit down with a supervisor and discuss areas of focus. Skills, client service, and leadership are just a few of

How will you know if you have met your goal? If you cannot answer

the areas that may be on the list. At regular intervals throughout the

this question, you cannot measure your progress and you are likely

year, they gauge their progress to ensure they are staying on track.

to feel frustrated. In our Excel and PowerPoint example, is there a

At the end of the year, their

certificate you can obtain to show your achievement?

accomplishments are part of the

you can reach the point where you do not need to call the help desk

Or, perhaps

evaluation and compensation

regularly for guidance.

process. While many associates aspire to be partners, the career path for a paralegal is not as well defined. It is important that you think about where you want to be in five years and use an annual professional development plan as your roadmap to success.

If you want a paralegal career and not just a paralegal job, consider creating a roadmap by putting pen to paper (or laser printer

It is important to set goals that will cause you to step out of your comfort zone but are still reachable. If the goal is too extreme, you may feel defeated and throw the goal out the window entirely. If you have no experience with Excel and PowerPoint, it may be unreasonable to achieve an Advanced User status within a short period of time. Don’t set yourself up to fail.

ink to paper) and intentionally designing goals that you can achieve in a given year. Having a professional development plan says that you are serious about your career. If you wait for your employer to do things to advance your career, you will be waiting a long time. Make your own roadmap to where you want to be, take charge of getting

Don’t just randomly pick a software program to learn. Be sure that

yourself there and arriving on time.

the goal you are setting is relevant to your current position and also to your long term goals. If your word processing department always

To get you started, let’s spend time on the SMART way to set

handles spreadsheets, be sure that your time spent on Excel will move

goals.

your career forward. Is there another program that your supervising

SMART goals are specific, measurable, attainable, relevant and time-based.

attorneys want you to learn?

Without these components, the path to your defined career

We are all accustomed to working under deadlines, and goal-setting

success could take longer than necessary and be difficult to achieve.

is no different. Without a deadline, you will not be motivated. Use a specific date to reach your goal. Put the deadline on your calendar and add reminder dates to track your progress. Handle your goals like any other client deadline.

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Feature Article Your Personal Roadmap for a OneYear Professional Development Plan The best place to start your roadmap is to look at your annual performance reviews for this past year. Break the review down into specific items you can improve upon, together with the steps you need to take to get there. For example, if you received a “good” rating rather than an “excellent” rating on the evaluation topic “understands and uses available technology in an efficient manner,” part of your professional development plan for this year may look like the chart below after you’ve defined your goal and made sure it’s a goal that is specific, measurable, attainable, relevant and timebased.

General Goal

Increase technology skills in specific practice area

Specific Goal

Become an advanced user in Microsoft Excel and PowerPoint

Resources Needed

a. Time to attend monthly lunch and learns by IT dept

b. Time to find and attend free training sessions by vendors

c. Money to attend off-site webinars

d. Opportunities to put new skills to practice

Some of your yearly goals need to be steps in the direction you want to arrive in five years.

Obstacles I May Encounter

Like any other project, start with the end in mind and then break down the tasks to be accomplished to reach the goal.

a. Not enough non-billable time to focus on training without incurring overtime

b. No money in the budget

Time-frame

12 months

You should have an honest conversation with yourself about the obstacles you have identified. If there is no money in the budget,

Let’s say you are currently a litigation paralegal who wants to eventually transition to a litigation support specialist. Think about what technology you need to learn in addition to any management and leadership skills that will be required to be successful. On your professional development plan for the next twelve months, consider including some of these steps:

will you pay for the training yourself? Are you willing to spend your own time off-the-clock to learn this software? If your answer is “yes,” then keep the goal. If your answer is “no” and there is no money in your organization’s budget for outside training, then you might need a new goal.

Another place to look at starting your roadmap is your resume.

Update your resume to include your current employer; add any specialty classes you have recently attended and skills you have gained with your current position. Ask yourself: how does my resume look to a potential future employer? Solicit advice from a professional if possible.

Finally, take a look at your goal to be sure it is SMART.

Where Do You Want to Be in Five Years?

I suggest that you answer this question before you spend too much time on your one-year goals.

4 Attend litigation support training class once per year; 4 Manage large litigation cases; 4 Become active in local litigation support organization; 4 Attend free webinars on e-discovery; and 4 Attend delegation and supervision training classes.

By having a professional development plan and following through on that plan, you’ve increased your skill set and advanced your career in your current position even if your destination changes along the way and you decide not to transition to that litigation

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support role. Accomplishing your goals may not provide you with

take a definite number of hours. The question that follows is: do

an immediate benefit with your current employer, but it will offer

you have the time to stick it out for years of night classes and long

you an increased level of confidence in knowing that your talents are

work schedules in order to achieve that goal? Only you can answer

superior enough to more easily gain future employment.

these questions if that is your goal.

Take another look at your resume. Maybe your skills are up-todate, but your length of employment at each company is too short.

One of your goals on your professional development plan might be to stay with your current employer for at least another three years.

Are there any resources or roadblocks that you may encounter in

Decide where you want to be in five years and start making a plan that will get you there.

reaching this goal? If your education includes an Associate Degree

Do not get lost on the way to your destination and if you do,

and a paralegal certificate, your professional development plan

use the navigational system to get you back on track. The suggested

might include taking classes towards your Bachelor’s Degree. Is

routes are only as limited as you make them. By taking control of

the goal specific? Yes, getting a college degree is a specific goal. Is

your career with a professional development roadmap and setting

the goal measurable? Yes, it is easy to measure a college degree. Is

SMART goals, your journey will be more successful and you can

the goal relevant? That depends on what the Bachelor’s Degree is

enjoy the trip along the way. h

in. While it might be helpful should you find the need to get another job, is it relevant to your current position? Only you can answer that question depending on your current position and your future desired position. Is it time-based? Yes, the goal is time-based in that it will

Did You Know?

Terri A. Hendley, RP, is a marketing and professional development consultant for busy lawyers who realize their time is better spent practicing law rather than handling the administrative tasks necessary to grow their practice. Terri’s 25 years of law firm experience in professional development and paralegal roles provides a unique understanding of the challenges lawyers face in developing and maintaining client relationships. She can be contacted by email terri@helpforbusylawyers.com.

REAL E

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professionalism

Instilling Professionalism & Humor in an Adversarial System © 2011 Perry Binder, Esq.

presenting “Instilling Professionalism and

Negative aspects of the legal profession

Humor in an Adversarial System” for PRM’s

Injustice, chaotic, time, rules, slow,

paralegal conference in Atlanta, Georgia.

frustrating, too serious, disparity, time

As a recovering civil litigator from a

sheets,

different decade, I am always curious about

communication, unethical. I offered sage

topics ranging from how cordial colleagues

advice on many of these issues.

Recently, I had the pleasure of

are today to whether technology makes us more efficient or more uptight. This article is an abridged version of that discussion.

2011 1986 to

Cell phone The Brick Case Management Paper Tickler System Software .pdf .tiff .jpg .doc Bates Stamp Electronic Data Boxes of docs in a Discovery Bates Motel Who has an 5 1/2 Inch floppy disk external drive?

IM, Text, Tweet Get up and speak with someone After a trip down technology memory lane at the conference, I asked attendees to describe the most positive and negative aspects of the legal profession for paralegals:

Positive aspects of the legal profession Justice,

help

others,

adversarial,

lack

of

Effective communication with your attorney: I really didn’t say everything I said.

– Yogi Berra

25 Years of Now v. Then BlackBerries Phone call home on weekend

difficult,

Handling ethical issues Those are my principles, and if you don’t like them…well, I have others.

– Groucho Marx Dealing with mistakes So go ahead, fall down. The world looks different from the ground.

– Oprah Winfrey

Perry’s L.I.G.H.T.B.U.L.B. Moments of Professionalism L. isten to your Paralegals I. nspire and challenge them with interesting work

G. ive hope to everyone in the firm H. eap compliments on Paralegals for quality work

T. each to your strengths as an attorney B. e patient with your Paralegal U. nderstand that new Paralegals lack your knowledge of the law *

L. earn from your Paralegals B. e willing to walk in your Paralegal’s shoes * I then issued a challenge to conference attendees by asking how many seasoned

Adapting to change in a professional manner

paralegals give newly minted attorneys

Change is good. You go first.

– Dilbert

practicing law. The nods of agreement led

We all agreed on one thing – that paralegals today care about the quality of their work as much as paralegals did twenty five long years ago. And that is the main

a hard time for not knowing a thing about me to remember a brief period of time when paralegals were not my law heroes! But we closed on a positive note, with something I communicate in some manner to all of my students:

reason why paralegals are my law heroes.

Every one of you is special. Every one

Simply put, paralegals make litigation

of you is a productive member of society.

electronic

attorneys look so good in court, while at

discovery, equitable, resolve issues, equal,

Every one of you is what inspires me,

times do not receive the proper recognition

service, interesting, fairness, nothing is the

because every one of you has a story to tell.

or respect from supervising attorneys. For

same every day

What will your next professional adventure

this reason, I offered a serious message and

be? g

challenge to attorneys: Perry Binder, Esq. is an award-winning legal studies professor at Georgia State University and the former director of Clayton State University’s Paralegal Program (1996-2000). Perry’s training sessions for Paralegals in law firms and companies have been described as “practical, enthusiastic, and hilarious,” and are listed at http://www.PerryBinder.com .

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regulation update They were written by the

Carolina are states that have implemented

certification (or licensure) are not new

Voluntary certification and mandatory

Florida Alliance of Paralegal Associations

voluntary certification programs through

considerations for the paralegal profession.

(FAPA) with the intent of preventing legal

their respective State Bars.

These ideas have been contemplated

secretaries and others from using the title

ohiobar.org ; http://www.floridabar.org ;

since the inception of the first professional

of paralegal and to formally define what a

http://www.tbls.org/pdf/laspln.pdf and http://

paralegal organizations.

paralegal is.

www.nccertifiedparalegal.gov respectively.

What is new

is the attention and support that these concepts are receiving today. It should not be a surprise, when you look at number of paralegals employed nationwide.

The

2010 U.S. Department of Labor estimate, even after downsizing in the last few years, indicates there are 247,900 paralegals in the United States. http://www.bls.gov/oes/ current/oes232011.htm A voluntary certification program is one a paralegal can choose to participate in to obtain a designation providing paralegal employees and employers with a benchmark to determine qualified individuals who are competent to provide legal services under the supervision of an attorney. Voluntary certification programs are offered through both NALA and NFPA, through state bar programs and through local/state paralegal associations.

Mandatory certification or Licensure is a process by which an agency or branch of government grants permission to persons meeting

predetermined

committees.

Understandably the bills had supporters on both sides. Supporters believed it would help protect the integrity of the profession.

Opponents worried it would give paralegals a license to work directly with clients on matters that should be handled by an attorney, putting the client at a disadvantage.

May and are not being further considered.

to engage in a given occupation. It is a

As an additional blow to FAPA, the Florida

mandatory legal condition of employment

State Bar established a special committee to

generally established for the protection of

report on the Study of Mandatory Regulation

the public. This is level of regulation has

of Paralegals. After presentation of their

proposed but to date has not been approved

findings, the Florida Bar voted to endorse the

and implemented.

minority opinion of the special committee

under

consideration

by

the

Florida

Supreme court that would require the Court to develop a licensing and continuing education scheme and make it a felony for unlicensed people to identify themselves as paralegals. If passed, Florida would have been the first state requiring paralegals to

New Jersey just joined these ranks with a plan approved in October 2010.

http://

www.sjpaparalegals.org. The Empire State Alliance of Paralegal Associations, which is comprised of eight city associations, has put forth a proposal for a state wide paralegal certification proposal. The proposal created in September 2010 did not identify the organization which would administer the program. http://www.empirestateparalegals. org/position_papers

Both bills died in subcommittees in

qualifications

Recently two companion bills were

http://www.

which was not supportive of mandatory regulation.

Details of the majority and

minority reports can be found at http://www. floridabar.org The FAPA webpage suggests that they are not done pursuing mandatory regulation of the paralegal profession and are still inviting people to get involved to effectuate change. http://fapainc.org

hold a license. The bills sponsored by Sen.

While Florida is the first state to make it

Garrett Richter, R-Naples, and state Rep.

this far in the consideration of licensing, the

Richard Steinberg, D-Miami Beach, were

concept is not new or limited to the sunshine

filed March 9 and assigned to the judiciary

state.

Ohio, Florida, Texas and North

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regulation update Other states, such as Oklahoma, do not

expire over time. The two largest national

possibly globally, accepted definition of the

have a formal certification program but the

organizations NALA and NFPA, each have

profession and scope of work. States seem

Oklahoma State Bar has adopted “Minimum

respected certification programs that many

to be in agreement as to the education and

Qualification Standards for Legal Assistants

of the states use as a requirement to apply

work experience that qualifies someone as

and Paralegals”. Their minimum standards,

to their programs.

competent in the profession. The states also

which allow you to be employed in the

have similar takes on the amount of

capacity of a legal assistant or paralegal,

continuing education that would be

require you to have completed the CLA or

required to maintain at the front of

PACE examine or meet other school/work

the field. The difficult part will come

experience combinations. http://www.okbar.

in finding the organization that can

org/members/committees/legalasst.htm The

lead all the existing organizations

idea of having these standards is to give

to work together for the greater good

consistency to attorneys and corporations

of the profession without promoting

utilizing the services of legal assistants and

their own agenda.

paralegals, and billing clients for them.

Other states have certification programs that are not governed by their State Bar or legislature but instead have been developed, implemented and policed by state paralegal associations such as the Kentucky Paralegal Association and the Delaware Paralegal Association.

An informative resource for state by state regulation/ certification guide can be found on the NPFA website: www. paralegal.org. Click on their “Position and Issues” tab then click on “Regulation”.

They have done a great job with summaries and links to each state.

With almost 250,000 paralegals nationwide, maybe paralegals who disagree with the current state of regulation and certification or who would like to keep the status quo, would be better-served to come up with their own definition, rather than having it completely in the hands of Additionally, NFPA held an entire

legislators or lawyers who have never been

http://www.kypa.org/CKP.htm and http://

conference in 2010 focusing on regulation,

paralegals? That is for you to decide. The

www.deparalegals.com/dcp-program.php

the history, the process and the future.

only way to ensure that you have a say in

With such focus on regulation at state

how we are regulated is to become active

levels and within the national professional

in your state’s paralegal associations,

organizations, it is a matter of time before

bar associations and contact your state

there is some cohesive program for the whole

representatives. a

While specific requirements to these programs can be as varied as the number of states that have them, there is some consistency.

Existing

and

proposed

programs each require applicants to meet experience criteria through a combination of national certification, school and/or work experience.

Renewal requirements are

tied to earning CLE’s within a specified time frame. Many programs have initial grandfathering clauses as well that will

profession to adhere to.

In researching

this article, I had the opportunity to read many states’ definitions of the profession.

I also read through lists of criteria that qualify individuals to work in the paralegal profession. The good news is that there is a similarity in these items that would not make it hard to come to a nationally,

As Director of PRM’s Education Division, Gina Romaniello is responsible for all aspects of PRM’s paralegal educational conferences and is a contributing writer for The Paralegal Journal. Ms. Romaniello is an accomplished professional with diverse experience involving event planning and paralegal experience including compliance, franchise licensing and training.

Ms. Romaniello collaborates with educators, paralegals, conference sponsors and local paralegal managers to insure PRM’s educational conferences deliver relevant and useful training that will benefit paralegals.

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The Lighter Side

Legislatures are charged with the duty

Georgia – Members of the state assembly South Carolina -

By law, if a man

of making laws that serve the interest of the

cannot be ticketed for speeding while the

promises to marry an unmarried woman, the

people. There are numerous laws that have

state assembly is in session.

marriage must take place.

yet to be made, ones that currently serve, and ones that obviously were made and

Hawaii – Not owning a boat could earn Texas - When two trains meet each other

long forgotten. Here is a list of outdated,

you a fine.

yet still existent local and state laws.

Iowa (Bettendorf ) –

Amazing, astonishing, absurd, intriguing, hilarious,

mind-boggling,

unbelievable,

implausible…..ok, you get the picture.

Additional laws and their history can be found at www.dumblaws.com

Alabama –

at a railroad crossing, each shall come to a liquor stores

may not place advertisement for beer outside their store.

Illinois – It is illegal to speak English as American is the official recognized

driving while barefoot is

language.

full stop, and neither shall proceed until the other has gone; it is illegal to take more than three sips of beer at a time while standing.

Utah –

you must yield to birds while

driving on the highway.

Vermont (Barre) – All residents shall bathe on Saturday night.

against the law.

Louisiana – Having a pizza delivered to

Alaska (Fairbanks) – It is an offense

someone without their consent can bring a

Virginia – Prohibits trick-or-treating by

fine of $500.

children during Halloween.

Maine –

Washington -

to serve alcohol beverages to a moose.

Arizona – imitation

It is illegal to manufacture cocaine;

committing

a

misdemeanor while wearing a red mask is considered a felony.

Arkansas (Little Rock) – Dogs are

any portion of City Ordinance

A law to reduce crime

9 found in conflict with a local, state, or

states: “It is mandatory for a motorist with

federal government shall prevail as law if

criminal intentions to stop at the city limits

more stringent.

and telephone the chief of police as he is

Michigan – A woman’s hair is property of

entering the town.”

her husband; therefore, express permission

Wisconsin –

must be granted before going to the hair

substitute margarine for butter unless

Colorado (Boulder) – Not illegal to

salon.

expressly requested by the customer.

challenge a police officer until specifically

New York – The penalty for jumping off Wyoming – It is illegal to wear a hat that

not permitted to bark after 6 p.m.

asked to cease.

Connecticut (Southington) -

Restaurants may not

a building is death; Wearing clingy or body

obstructs the view of others in a public

hugging clothing can lead to a fine of $25.

theatre or place of amusement.

illegal to buy or possess silly string.

Pennsylvania -

Delaware (Lewes) - Getting married on

along a country road at night must stop

a dare is grounds for annulment.

every mile and send up a rocket signal,

Grace Heron Nolan is a paralegal at The Chase Law Firm in Tallahassee, Florida. Grace has worked in the legal field since 1996 in non-profit organizations, the Florida state government and private law firms. Grace received her Bachelor’s degree from Florida State University and her Associate’s degree in paralegal studies from Tallahassee Community College. Grace is a Florida Registered Paralegal (FRP), as recognized by the Florida Bar Association. She is also a member of the Paralegal Association of Florida (PAF) and the Big Bend Chapter of The Paralegal Association of Florid and currently serves as its Public Relations Chair and contributes to its monthly publication.

It is

Florida - It is against the law for to fall

Any motorist driving

wait 10 minutes for the road to be cleared of livestock, and continue; a special cleaning

asleep under a hair dryer…fines can also

ordinance bans housewives from hiding dirt

apply to the salon owner; if you want to leave

and dust under a rug in a dwelling.

your elephant tied to a meter, you must pay the same fee applicable to a car when

Rhode Island -

parked at a meter. (Orlando, Florida); It is

except ice polo and hockey, must obtain

an offense to shower naked; It is illegal to

a license to play games on Sunday; Biting

go skateboarding unless you have a license

off someone’s leg could earn you a prison

to do so.

sentence of one to twenty years.

Professional sports,

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Feature Article

Is Paralegal Education Keeping Pace with the “New Normal”?

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Feature Article

By now, we have all heard and talked about the “new normal” in our industry so much that we would rather stick a pencil in our eye than hear another word about it. The reality is that our industry and our profession is -- and has been changing -- for some time. Clients are

teaching and became an administrator at the school in 2000. As a former educator, I would never argue that paralegal education is irrelevant or unnecessary; quite the contrary, I believe that paralegal education is important because solid programs provide an underlying foundation that supports critical thinking, organizational, and general communication skills, as well as legal theory and a practical application of the law. I would posit that now, more that ever, paralegal education can and should become even more relevant in preparing those poised to enter the profession.

Having said that,

now that I am a paralegal manager in a large law firm, I am finding that there are real gaps in people’s knowledge and skills that need

demanding greater efficiency; alternative

to be addressed at some educational level. I am not talking about

fee arrangements are working their way into the system slowly but surely; and

related to project management, eDiscovery, technology (more that

technology and eDiscovery are fast

In reviewing a sampling of curricula from several schools, most course descriptions have not changed a lot over the last 10 to 15 years.

growing and evolving. The recession and the “new normal” have probably accelerated these changes and served to heighten this sense of change as we adapt to newer circumstances more quickly

the need for any kind of remediation, but the knowledge and skills mere introduction), communication, and case management do not appear to be adequately incorporated into the curriculum, if at all.

than we might have otherwise done.

Across the spectrum, we are having to revise our service delivery model, adapt to fee constraints, look at our processes and generally conduct much of our business more efficiently and effectively. A lot of changes have been brewing for some time, but are now simply reality.

As legal professionals, we have had to look critically at our own professional development programs to ensure that we identify skills gaps that we need to address and develop. As we all embrace, or at least deal with, these changes, we cannot forget about people who are preparing to enter the profession. So, it begs the question: Is paralegal education keeping up with the changes in our industry?

I earned my paralegal certificate at the National Center for Paralegal Training, an ABA-approved school in Atlanta, in 1996. Subsequently, I started

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Feature Article Certainly, one can argue that the underpinnings of educational programs are the same: to foster critical thinking, and develop organizational and communication skills with the expectation that graduates build on their knowledge base as they progress in their careers. I get that argument, but really do not one-hundred percent buy it. There has been a shift in the profession, perhaps not to the core concepts of the foundation, but definitely to the exit competencies that are now needed which does extend to the curriculum and coursework.

A lot of programs seem to be stuck in the 80’s when it comes to technology courses still calling the class “Computers in the Law”.

The majority of employers now need new-hires who are at least conversant in database structure and formation and possess the ability to construct and write

Since our needs are changing,

search terms and perform complex

we, as legal professionals and

searches.

educators, need to analyze and assess the current state

instill this knowledge on the job,

of education and decide who

one-hour seminars or, at most, day-

should provide the education

long classes do not provide enough

needed and at what level.

time to form the same foundation that can be fully built in a 30-hour

As a frequent speaker and

class.

participant at paralegal events, the first question usually asked

Additionally, some employers

of me by recent graduates and

simply do not have the available

current students is “How do

resources to provide the basic

I get my first paralegal job?”

knowledge needed by entry level

The question that really needs

paralegals.

to be asked of me and other

make you (the law firm) more likely to hire our students upon graduation.” As an employer, I obviously have a wish list that I would like candidates coming out of paralegal school to possess.

Every program should require a course on eDiscovery that covers

Given the “new

normal” that is expected of law

paralegal managers and law firm administrators is “What can we teach our students that would

While employers or

external service providers can

firms, it is essential to hire a paralegal who has some level of understanding and exposure to eDiscovery, Adobe, Power Point, document databases and other legal technologies.

As legal professionals must keep abreast of trends and

the case law, the concepts, the process (as well as how to manage

changes in the industry, so, too, must educators. Moreover, we

it), what the major issues are, the prevailing solutions and best

must all remember that we are a community of practitioners each

practices. Some schools might argue that not all of their paralegal

with our own component and contribution to make. We have a duty

students plan to enter the legal industry as a litigation paralegal. To

as professionals to inform education providers of our needs and

that, they are correct. However, every person entering the industry,

requirements and our educators have a responsibility to ensure

whether they are in corporate and transactions or litigation, will be

that their programs meet the needs of the marketplace. It is the

exposed to the world of eDiscovery. Moreover, eDiscovery extends

only way to ensure that as the industry changes and the dust settles,

beyond litigation into all aspects of a business. I am not suggesting

our profession has grown with it and is poised to meet any and all

that paralegal students should be experts in eDiscovery upon

challenges that lie ahead. b

graduation; however, just like contracts, torts and real estate law, they should know the basic concepts and theory.

Tangential to eDiscovery is project management. As we have most recently observed, legal project management is gaining ground and is no longer seen as a fad. While legal project management may not have reached the level of a requirement, it should be an elective course in any program. Most employers now simply expect

Craig Hardesty is the Manager of Paralegal Services for the Atlanta office of King & Spalding and is also an instructor in the Emory University Paralegal program. He has served as the Vice President of Professional Development and is the current Vice President for Outreach for the International Paralegal Management Association. Craig received his paralegal certificate from NCPT: The National Center for Paralegal Training where he subsequently taught and served as the Director of Career Services, Dean of Students, and the Executive Director. Before joining NCPT, Craig was a paralegal and the program administrator for the Georgia Law Center for the Homeless and a Policy Associate for the Georgia Center for Nonprofits. He holds a Bachelor of Arts in English from Towson State University and a Master of Public Administration from Georgia State University.

technical proficiency from paralegals.

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Technology

Why Don’t Paralegal Schools Have E-Discovery In Their Curriculum?

Over the last ten years, the role of

corporations. I didn’t find a single paralegal

mail, e-discovery, e-filing, and so on--it is

the litigation paralegal has increasingly

program that offered a class just on project

essential that you gain the skills this text

involved

project

management. Case management seemed

seeks to impart. The 21st century is well

management whether it is for a small case

to be addressed as a component of other

under way and computer literacy is a basic

or a large e-discovery matter. I don’t think

classes but that is not project management.

competency in law offices.”

anyone would argue that today’s paralegal

As I reviewed course outlines available on

should have a strong command of available

school websites, I noticed that several of

legal technologies. Unfortunately, without

them appeared to be using the same text

on-the job training and hands-on work

book for their law office technology class. I

with these technologies, some paralegals

looked further into the text book listed and

are finding meeting this requirement quite

its author. He seems well qualified and the

a challenge as most paralegal educational

book (at over 600 pages) quite lengthy for a

programs do not include strong technology

4 – 6 week course. I found this quote from

The next step should be hiring litigation

So what can a paralegal do today to learn more about e-discovery and project management on their own time with little or no out of pocket cost?

in technology and e-discovery to teach the

litigation

technology

training as part of their coursework.

I recently researched several of the popular paralegal schools looking for an e-discovery program and was disappointed in what was available (or not available). When I speak with recruiters or review job postings for litigation paralegals, technology skills, project management skills and e-discovery specific skills are generally required – not, “nice-to-haves.” So that leaves me with the question: if your paralegal school comes up short on e-discovery and litigation technology, what should you do? Paralegal schools

should

offer

an

e-discovery

curriculum but the reality is that very few do. Unfortunately, until the schools do offer it in their programs, that leaves paralegals to take on the responsibility for obtaining the education on their own.

I reviewed the websites of about twenty schools and only found one who offered a class in e-discovery. All of the others offered a curriculum that met ABA standards for paralegal training but seriously fell short of teaching the technology skills required of practicing litigation paralegals in law firms or

However, the right text book is only a starting point for a school to meet competency

standards

for

discovery

technology management if the instructor has not used the tools in practice or has little background in project management. support professionals who are well-versed technology courses rather than attorneys.

It

is

shortsighted

of

schools

to

continue with yester-year’s curriculum but rather they should assess what today’s practicing litigation paralegals are doing with technology to manage electronic discovery and integrate it into their existing curriculum. I agree with one of the comments my friend, Liz, made during our recent conversation: “Schools that are not offering this course of study to their students are holding them back. To develop a program that encompasses the nuances and importance of e-discovery would propel a college’s presence as a leader and pioneer

the author on Amazon discussing the book and the value of learning about technology for paralegals: “Let me state this as plainly as I can: a successful legal professional must know how to use a computer and the applications commonly used in a law office. With the advent of all things “e”--e-

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Technology • Attending free webinars from E-DiscoveryJournal.com. When it comes to

first course in their curriculum is free. In

opportunity for paralegal schools to not offer more relevant coursework in the areas of

managing e-discovery projects, it’s almost as

technology training opportunities that are

project management and e-discovery.

important to understand what the technology

available.

in paralegal studies.” This is truly a missed

So what can a paralegal do today to learn more about e-discovery and project management on their own time with little or no out of pocket cost? There are many online and traditional classes available that are targeted to attorneys, paralegals and/or litigation support professionals. If cost is a factor because either your employer does not pay for continuing education or you are a recent graduate from a paralegal program

is capable of doing as necessarily being the button pusher running the application. The eDiscovery Journal provides access to a frequently updated software & technology matrix that matches e-discovery software to the corresponding phases of litigation and the E-Discovery Reference Model workflow.

Reviewing this resource will allow you instant access to a wealth of information that goes beyond the marketing brochures.

money on, I recommend the following free

• Attend the free course available from the e-Discovery Team. This will kick

resources:

start learning about the legal aspects of

that you already spent a large amount of

• Downloading free podcasts on e-discovery from LegalTalkNetwork.com

e-discovery. Ralph Losey and his team of e-discovery experts are offering law school styled online e-discovery training and the

future issues, we will explore more free

• Read and study the Electronic Discovery Reference Model’s (EDRM. net) white paper http://www.edrm.net/ resources/edrm-white-paper-series • Set up both a Google Alert and a Google Scholar Alert for keyword: “e-discovery” (google.com). Stay current with a weekly e-mail listing the latest e-discovery blog posts, news, job listings and legal opinions.

Electronic Discovery is a growing part of today’s litigation practice and schools do themselves and their students a great disservice by not offering more technology training for both tools and process (project management). If you are attending or recently completed a paralegal program that did not include e-discovery education, then take control of your career by taking advantage of the educational resources I have listed here as a start. Check out this column in our next issue as we continue to explore technology issues and provide technology tools and resources that are important to paralegals in 2011 and beyond.

ERIKA SANTIAGO is an experienced litigation technology educator and consultant. Ms. Santiago was recently appointed to the position of National Director of Education and Training for ASDFED’s Chapter Support Center. She spearheads the organization’s commitment to delivering high quality educational offerings to its members and the Digital Forensics & eDiscovery communities. Previously, Erika Santiago was the National Training & Development Manager for LitWorks™ – A DTI Company where she instructed litigation support professionals on industry best practices and e-discovery project management. Erika has assisted case teams in the development of discovery management strategies and law firms and corporate legal departments with the design and implementation of their litigation support departments since 1995.

Erika has delivered practical and valuable workshops to various organizations including paralegal associations, state bar associations, Legal Tech, ILTA, ASDFED, the Atlanta Association of Litigation Support Managers (she is also a past president of AALSM) and most recently, the Association of Litigation Support Professionals (ALSP).

Erika@learnaboutediscovery.com

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Raising the Bar - paralegal Association Profile took the webcast idea and developed it into something all their own.

As with most paralegal associations, the NWFPA provides at least two hours of CLE each quarter and hosts at least one day-long annual seminar per year. That’s pretty standard. What they’ve done this past year is not so standard: • NWFPA established a Livestream.com channel that allows them to webcast their monthly meetings to paralegals all along the Gulf Coast and nationwide. The members simply log onto the monthly webcast, watch online, record a confirmation code of attendance, and get the CLE credits when they report that code to the

The Paralegal Journal

Board.

NWFPA 30th Anniversary Celebration, pictured – left to right: Elizabeth Crane, Michele Mertins and Kristine Hill; Deb Johnson

result

of

this

technology we now

have members in other states.” She added,

• They also established a new membership

“Through our remote membership option, if

wanted to find a local

type for remote viewers. It is their new Remote

a paralegal qualifies as a member through

paralegal

Membership option, providing online access for

their education or work experience, they

a reduced annual membership fee of only $30

can become a remote member of NWFPA

per year. It has been very well received by new

regardless of where they live. We now have

association

that was coming up with innovative and creative

members of our association who live in other states but appreciate the benefits of a NWFPA membership and convenience of getting

ways of offering continuing education to its members.

affordable continuing education on a regular basis.”

In addition to implementing these recent

We didn’t have to look far to find a paralegal

technology changes, NWFPA works closely with

association who fit the bill. The Northwest

their local bar association, the Escambia Santa

Florida

(NWFPA),

Rosa Bar Association, to present joint programs

in Pensacola, Florida, has taken strides in

and assist with marketing efforts to the bar

this area and we are hoping this profile of

association and NWFPA members. It has been

Paralegal

Association

that organization will inspire other paralegal associations to do the same.

NWFPA is an affiliate association of the National Association of Legal Assistants (NALA) and has been in existence since 1981 in Pensacola, Florida. NWFPA’s membership

members and allowed NWFPA to grow their membership to paralegals who might otherwise not be members as they could not attend inperson meetings.

This includes out-of-state

members as well as Florida members.

a relationship that developed years ago and is reinforced through their members actively being involved in the bar association activities and advancing the paralegal profession in their state. This sort of working relationship with their local bar association is further highlighted

base is in excess of 130 members, but many of

• NWFPA implemented cloud storage

when you see NWFPA’s attendance list for their

those members are spread out with an hour’s

technology to save and download their

recent 30th anniversary celebration attended by

drive or more in each direction of their city.

monthly webcasts.

local judges, lawyers and NWFPA paralegals.

Long commutes make it difficult to get high

website allows NWFPA to offer their CLE

attendance at any organized event. Rather than

recordings to members who missed the

give up or settle on low attendance, NWFPA’s

monthly live webcast for a nominal fee of $10

forward-thinking leadership took steps to find

per download.

ways they could better serve their members along the gulf coast of Florida. After attending last year’s NALA convention, the NWFPA found inspiration in the Mississippi Paralegal Association’s webcast offering. The NWFPA

This cloud storage

April Williams, NWFPA’s board member

NWFPA is setting a great example on what a paralegal association can do to not only meet the continuing education needs of its members, but also to advance the paralegal profession.

Join me in congratulating them on a job well

and NALA Liaison, added “these technology

done!

You can find NWFPA on LinkedIn,

solutions helped us find a way to serve the needs

Facebook and on their website at http://www.

of our paralegal members along the gulf coast

nwfpa.com. j

area of Florida, but it doesn’t stop there. As a

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feature article

By D. Jeffrey Campbell, Managing Principal, Porzio, Bromberg & Newman; Chair, American Bar Association, Standing Committee on Legal Assistants, 2002-2003.

The Shifting Balance of Profitability

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feature article

Associates -vsParalegals The Shifting Balance of Profitability

Anyone who questions whether it makes sense to utilize paralegals in the practice of law should think back to January and February of 2000, when most of the major law firms in the country increased associate salaries by 20 to 40 percent. You couldn’t pick up the legal press without seeing a story about skyrocketing associate salaries or the need for firms to match competitors’ salary increases in order to attract and keep good associates. Even more galling were the statements by brash young associates, circulating in cyberspace, that if they didn’t get top dollar at their current firms, they would leave.

The associate pay one-upmanship of the large national and

$60,000 difference

“trickle down” effect throughout the legal marketplace. Mid-sized

associates across the range of firm sizes made more money, and law firm owners less.

Yet throughout the media feeding frenzy that accompanied the associate salary wars, I didn’t see one article or hear one story about a law firm increasing paralegal salaries in order to compete for talent. In fact, paralegal compensation in most markets was virtually unaffected by the rush to pay young lawyers even higher,

Starting Associate experienced paralegal

$35,000

$70,000

salary differentials between large, mid-sized and small firms grew,

$50,000

$35,000 difference

to try to remain competitive with mid-sized ones. Although the

$90,000

positions with larger firms. Small firms in turn raised their salaries

$55,000

$40,000 difference

firms increased salaries in an attempt to maintain their competitive

$115,000

SALARIES

regional firms, which arguably could afford it, had an unfortunate

1991

1999

2001

and more insupportable, salaries. That alone should be enough to cause firms to consider paralegals as an attractive alternative to associate attorneys.

While one could certainly point to firms that have paid higher or lower salaries for starting associates or experienced paralegals, these numbers are reasonable approximations of the market over

As many law firms are now struggling through the compound

the past ten years. They demonstrate the significant increase in

effects of the economic downturn and increased associate

the gap between salaries of starting associates and experienced

compensation costs, it is an appropriate time to reflect on the

paralegals. This increase in the cost differential between associates

economic advantages of paralegal utilization. As mentioned above,

and paralegals can only be overcome by a like increase in revenue

at large law firms, paralegal compensation increases have not kept

differential, which is dependent on proportionate increases in

pace with associate compensation increases, either in absolute or

associate billing rates or average client billable hours.

percentage terms. The following chart is illustrative:

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feature article However, the mature nature of the legal market has made it difficult

legal work will not be satisfactory and the firm will either lose clients

to increase associate billing rates significantly. And the personal and

or fail to develop new ones. However, it is very difficult to hire and

social values of many of today’s “Generation X” associates has made

retain good associates if the firm does not hold out some hope for

it equally difficult to increase the average number of client billable

partnership. Therefore, if the firm wants to have good associates

hours. Therefore, the relative probability of associates to paralegals is

it must continually increase its client base, because to have good

not as favorable today as it has been in the past.

associates is make new partners, which dictates that new work be

The cost differential in employing associates and paralegals is further illustrated by the disparity in the cost of turnover. The cost of losing and replacing a second- or third-year associate is generally estimated at approximately $200,000. The cost of losing and replacing an experienced paralegal, on the other hand, is only

found to leverage the new partners. In a mature legal market such as exists today, it is very difficult to develop an ever-increasing amount of legal work through the existing firm lawyers. Therefore, maintaining leverage and profitability solely through associates is very problematic as a long-term strategy.

roughly $100,000. Thus, although paralegal turnover is expensive

Paralegals, on the other hand, never become owners. Systemic

and should be minimized, it is only roughly half as expensive as

turnover is reduced because they do not suffer from the “up and out”

associate turnover.

syndrome. They can be trained over a relatively brief period of time

Minimizing costly turnover among firm personnel is one of the primary benefits of leveraging a law firm with paralegals. Paralegals are not subject to the same “up and out” model that governs associates.

Paralegals will never become owners of the firm.

and become reliable and steady long-term contributors to the bottom line. They never require new leverage to support themselves. They are the leverage that supports the firm.

Associate attorneys, especially the good ones, aspire and expect

In short, last year’s radical increases in associate compensation,

to become owners. Just when the firm has invested enough money

followed by this year’s economic downturn, have effectively

in associates to make them competent, efficient practicing lawyers,

highlighted the benefits of employing paralegals to provide legal

they want to share in the profits. If the firm makes them owners, it

services. Paralegal profitability, relative to that of associates, has

has lost the leverage and the investment. If the firm doesn’t make

improved over the past several years and paralegals can provide

them owners, they leave, and the firm has still lost the leverage and

stable long-term leverage in a way that associate attorneys never

the investment. This is a fundamental challenge to achieving long-

will. As employers and educators in the legal field, we ought to

term profitability through associates.

encourage the greater use of paralegals, not only for the oft-cited

A second, but related, reason that makes it difficult to achieve long-term profitability through associates is that to do so requires the firm to grow continually. If a firm wants to utilize associates, those

reasons of improved client service and reduced client costs, but also as a stabilizing factor in the economic life of the law firm. v - Reprinted from the Fall 2001 issue of the ABA SCOLA Update.

associates must be good lawyers. If they are not good lawyers, their

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This month’s question was posed to the legal community to get three different views on the subject:

What value do you see in paralegal continuing education?

ATTORNEY VIEWPOINT -by Phillip Bradley

Change, in the form of increasing demands and expectations, is upon the legal profession. While the focus on responding to this change has been on law schools and lawyers, forward thinking law firms will recognize that the response should also include paralegals.

In October 2009, the ABA and ALI organized a summit called Equipping Our Lawyers: Law School Education, Continuing Legal Education, and Legal Practice in the 21st Century. The final recommendations of the summit included: -Develop model competencies keyed to each level of a lawyer’s professional career; -Design share transitional training programs in practice skills starting in law school and continuing through the first years of practice; and

2010 a task force to study the future of the legal profession. One of the sections of the report centered around the reality that “[l] awyers also need to rethink the model and methodology of educating and training lawyers to deliver services and serve clients in the evolving law practice environment.”

The report challenges law schools to deliver skills qualified legal graduates, and the law firms to invest significantly in professional development.

The concepts discussed in these reports are equally applicable to paralegals.

Paralegals are a segment on the spectrum of legal services delivery providers.

Clients expect that providers for which they are paying are both skilled and competent. That is not new, but it is intensified in the new environment.

- Reform bar examinations to include phased examination, linked in part to attainment of legal skills, with some part as early as in law school.

Accordingly, law firms should have a set of core competencies for paralegals. These core competencies should be graduated from those that a paralegal must have when they begin practicing to those of an experienced and sophisticated paralegal. These core competencies will result in:

The New York State Bar, recognizing “the rapid pace of change in the legal profession, accelerated in part by the recent national economic downturn” created in

-law firms, as consumers of the products of the paralegal schools, insisting that graduates be competent in the baseline core competencies; and

-law firms developing education and training programs to advance paralegals from baseline to advanced core competencies.

The reason the successful law firm will do so is its enlightened economic self interest. Clients are unwilling to pay for providers (lawyers or paralegals) lacking baseline competencies.

Clients are willing to pay for providers with baseline competencies, but they are willing to pay more for providers with more sophisticated competencies. It only makes sense, then, that law firms take it upon themselves to develop their paralegals and enhance their value.

Phillip A. Bradley is Senior Counsel at McKenna Long & Aldridge, where he was a partner for many years before leaving to become a client. Prior to returning to the firm, Mr. Bradley served as the Senior Vice President and General Counsel for Duane Reade, a New York based retail pharmacy chain. Previously Mr. Bradley served as General Counsel for Gentiva Health Services.

MANAGER VIEWPOINT -by Todd Noebel

Candidly, the answer to this question is probably as tricky and multi-faceted as is the issue of paralegal certification (did I hear Pandora’s Box creaking open?). In other words the value proposition is as varied as there are lawyers and law firms.

For the sake of brevity we’ll put the whole

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viewpoints certification/recertification issue to the side for now and answer the question from a more down and dirty day-to-day perspective.

I happen to be a big believer in the value of continuing education for its own sake.

Period. From a professional development standpoint you simply can’t afford to forego CE. You must, must hone your craft. It’s a matter of practical necessity. It is imperative that paralegals, like lawyers, keep their knowledge and subject matter expertise as contemporary and robust as possible. Of course the key is to invest in value add training, and to minimize the “just need the course for recert credit” sessions.

Think of it this way - when an attorney has a choice of which paralegal to engage on a billable matter they are most likely to go with the one who brings more tools (knowledge, skills, abilities and competencies), to bear for the client.

And let’s be frank, it makes that attorney look good in the eyes of the client as well.

After all, that knowledge and expertise is what clients are willing to pay for. Logic then tells us that the more knowledgeable and skilled a paralegal is, then the higher the bill rate and/or the higher the productivity and utilization will be and, ultimately, the higher the profitability.

Making the time to take these classes does represent a calculated exchange. Time spent in a class, webinar, etc. is time that can’t be billed. It’s an investment in future billable work. Even more challenging and frustrating, including for me as a manager of paralegals, is the reality that when it comes time for merit raises, CE is rarely a factor given much weight in the calculations. But it does pay dividends. I go back to the reality that better educated, better trained, better skilled paralegals will get more billable work. More billable work leads, at least in our firm, to bonuses.

So for me, there is high value in paralegal continuing education - both in hard and soft measures.

Todd Noebel is Manager, Human Resources at McGuireWoods LLP (with approximately 900 lawyers and 19 offices worldwide), where he has firm-wide management responsibility for the paralegal program. He is an active member of the ALA, the IPMA, and SHRM (he holds his SPHR certification). He is a published author in several professional journals and is an invited speaker at professional conferences. Todd can be reached at tnoebel@ mcguirewoods.com.

PARALEGAL VIEWPOINT -by K. Paezle Harris

As a Senior Paralegal within an inhouse legal department, I highly value and recommend continuing education among paralegals within our department. I took on the role of heading the Continuing Legal Education Program for our Legal Department in late 2009, and was tasked with seeking and providing options for relevant CLE for our attorneys and paralegals. In doing so, I attempt to provide options for our paralegals that include antitrust, litigation, electronic discovery, contracts, bankruptcy, employment issues, and intellectual property training, as those are the relevant areas for our specific paralegals. Oftentimes, I combine attorney and paralegal CLE opportunities so that paralegals can accompany their attorneys.

Most importantly, I seek opportunity for CLE training within Ethics, separate and apart from the training opportunity provided

to the attorneys within our department. It is important that paralegals are aware of their ethical responsibilities; what is considered unauthorized practice of law (UPL) for themselves; as well as what behavior, by attorneys and paralegals, is considered unethical and in violation of the State Bar’s Rules of Professional Conduct. It is pertinent that paralegals have the ability to

recognize when asked to perform or witness behavior that is in direct violation of those rules. Without proper education, a paralegal could find themselves inadvertently jeopardizing their supervising attorney’s job and career, as well as their own.

Over the years, I have spoken with many experienced and qualified paralegals that may have climbed the ladder of success by on-the-job training in lieu of formal education and who may feel that CLEs are not necessary for them due to this. To the contrary, I often point out that those are the very paralegals that should certainly make sure to keep up with continuing education in order to prepare them in areas that the in-house trainer(s) may have omitted or neglected.

I recommend that, no matter the education or experience level, that paralegals maintain their training within their areas of law as well as within ethics on a continuous basis.

With the constant changes within technology and law, there is no way one can stay fully aware without continuing their education.

Additionally, and lastly, as President of the Georgia Association of Paralegals, Inc., (GAP), and Chair on GAP’s Paralegal Standards Committee, I must recite GAP’s Position on Continuing Legal Education (“CLE”) for the Paralegal Profession which can be found at http://www.gaparalegal.org/ files/GAP_Position_Statements_2010.pdf : “GAP recommends that beginning one year after an individual has satisfied the educational standards of an entry level paralegal, he/she shall complete a minimum of 12 hours of continuing legal education (CLE) every 2 years, to include at least 1 hour of ethics.”

K. Paezl_ Harris, RP, CP, is a senior paralegal at Cox Communications, Inc. in Atlanta, Georgia. Paezl_ is a Certified Mediator and Georgia Neutral who obtained her Paralegal Certificate from the University of Georgia (UGA) and her Advanced Paralegal Certificate from the University of South Carolina (USC). Locally, Paezl_ holds dual roles as GAP’s President & as GAP’s Director of Paralegal Certification and serves on the Advisory Board for Atlanta Technical College’s Paralegal Program.

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feature article

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feature article

Indispensable is defined by MerriamWebster’s Dictionary as “not subject to being set aside or neglected” and

Company which makes widgets, a physical thing that their employees can see and touch, a law firm’s “widgets” is its billable efforts.

As paralegals we record our time spent on substantive tasks so that law firms can bill their clients for that service and generate

“absolutely necessary.” We’ve all heard

revenue. This puts us in a position to contribute towards the firm’s

the statement that no one is indispensable.

your job security, the most effective

That particularly rings true these days.

I learned that fact early in my paralegal career after leaving my first paralegal job in Florida to move to Atlanta in 1996. Lawyers and colleagues at the firm threw me a tear-jerker of a going away party. The partner I worked for even made the dessert for the party himself! Yes, that’s true, and it was almost enough to change my mind about leaving. The following year, I returned to Florida for vacation and made time to stop by the law firm to say hello to some of my former colleagues, sure that the firm was no longer in existence because like they said a year ago, “they didn’t know what they were going to do without me.” Much to my surprise, the lawyers did not have to shut down their practice after I left. In fact, they had a thriving practice and had found a great replacement for me.

Imagine that!

profitability. If you want to increase way to do that is to increase the amount that you are contributing towards the law firm’s profits, which directly increases your value to your law firm.

Increasing your profitability starts with your billable hours, but does not end there. Simply billing more hours for the sake of more hours will not necessarily result in higher profits.

Let’s first look at a generic example of how profitability is calculated for paralegals. This is not to say that your law firm calculates it this way. This is just for illustrative purposes only and even though law firms will argue that they have a much more sophisticated way of coming up with these numbers, basic economics for profit is usually revenue less expenses equals profit. In an example for a paralegal it

in Indispensable might look something like this:

We would all like to believe that our employers simply cannot go on without us, but they do. In essence we are all somewhat dispensable to our employers. We have to be, because no employer can run a successful business in complete reliance on one particular person. I’m not here to tell you that after following my advice in this article you will be completely indispensable with 100% job security. If nothing else, the last few years have taught us that there is no such thing as 100% job security, even if you are the CEO. However, there are ways to increase your job security and increase your indispensability factor.

How? Make your company more money. The focus of this article will be for paralegals working at law firms, but the principles can be applied to just about any type of organization that you work for. As a paralegal at a law firm, you work for an enterprise that exists primarily because it makes a profit. If it does not make a profit, the law firm will shut its doors just like any other business that is not making enough of a profit. The way a law firm makes that profit is through generating revenue by billing for the work that you and other professionals do for the law firm’s clients and by keeping its costs down. Unlike Acme

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feature article Example:

office at 5:30. Either way, that attorney is going to come to you the next time they need something done because you are available.

Revenue collected from paralegal billable time.............................. $200,000

The paralegals who left at 5:00 might have only missed out on a 30 minute project today, but over the course of the year they have

Less:

Salary, OT, Bonus..................... $ 65,000

Cost of benefits....................... $ 15,000

now considers you their “go-to” person and goes to you with her/his

Office overhead allocation.... $ 50,000

next big case or transaction.

Origination fees....................... $ 20,000

missed out on untold hours of billable time because that attorney

Be the “Yes Man” (or woman).

As a

Total Costs................................................... $150,000

paralegal manager, the single most frequent response I would get

Firm Profit.................................$ 50,000

their paralegals more was “Every time I ask her/him to do something,

from attorneys when I would ask them why they were not utilizing I get a 10-minute speech about how many other things they’ve got

Throughout my career, I have heard paralegals say they don’t have

going on and how busy they are and they’re not sure when they can

any control over the amount of work they get or whether or not a

get to my project.” Even if all of

client pays their bill. You do have

those things are true, simply saying

some control over those things.

“I’ll get it done or find someone

Here are just a few ways that

who can” will increase the amount

you have some control over the

of work you are getting. Of course

amount of work you get:

there are other follow-up things you might have to mention particular to

Be approachable.

your situation, but always start your

When someone walks in your office,

answer with “Yes.”

do you make them immediately

even a litigator, will always choose

feel welcome or are you annoyed that

they’ve

interrupted

the path of least resistance. You

you?

might be the most highly-skilled

Regardless of their position on

paralegal in the office, but if an

the food chain, you can make

attorney feels like it is a chore to

everyone who walks in your office feel welcome.

An attorney,

get you to say “yes” to a project,

In a lot of time

they will use someone else or in

management classes they teach

some cases do it themselves.

to set up your work space so that

Be a participant rather than a spectator. Participate in

you are not facing the door because that allows for interruptions. In the case of paralegals, I think it should be just the opposite. When I was

outside firm functions, attend team

a paralegal in a law firm, I can’t

lunch outings, work on pro bono

tell you the amount of times that I

cases in other departments, attend

would have a casual conversation with a lawyer standing in my door

the firm’s continuing education offerings and participate in all these

that later resulted in billable hours because the conversation led to

things rather than watching from the sidelines or reading about it

talk about a new case they had coming in the following week.

in the firm newsletter. These kinds of things build relationships

Be available.

Attorneys wait until the last minute

to get things done. We all know this. We all complain about this.

That doesn’t change it or even make it acceptable, but it is reality in

with attorneys in departments you otherwise might never have made contact with.

Enjoy where you work.

I am always amazed

a law firm and no amount of complaining or resistance on our part

at the external functions I have attended and met paralegals or other

is going to change this. Be the person who is available when they

legal professionals who, upon learning that I also worked at a law

come looking for a paralegal at 5:30 to do a last minute project. It

firm, introduced themselves and the firm they worked for. Then they

might not even be a project that requires an overnighter. Maybe

proceeded to complain about firm management, the mean lawyers,

it’s a project that only takes 30 minutes; or maybe it is something

office politics and other general unhappiness with their law firm.

that is not due for a few days and you still are able to leave the

My immediate thought was “why would this person work in such a

28 • THEPARALEGALJOURNAL.COM • Issue 1 - 2011

feature article place that made them miserable,” and if they so freely complained

In this example, Paralegal A’s actual profit is less because, in

to a complete stranger about their law firm, surely people at the firm

addition to Paralegal A putting in a lot more overtime and getting a

could feel that same discontent. If you don’t like where you work,

bonus based strictly on the number of billable hours, Paralegal A’s

find somewhere that you do.

attorneys had to write off some of Paralegal A’s time as some tasks

Be the best at what you do.

Attorneys

talk to each other. Attorneys talk to each other about their cases and they talk about great (and poor) work product. If you are the best at what you do, it is only a matter of time before the other attorneys hear about it and request you on their next project. Be the paralegal who knows about the latest technology that makes the project go smoothly or saves the client money.

getting the billable work. As for the control you have over collecting more revenue, you might not have the ability to call a client and ask where their payment is (and I would strongly urge you not to unless you want to immediately reduce your job security to 0% and be escorted to the door). What you can do, and what you do have control over, is being efficient and productive with your time and drafting time entries that convey what you actually did to benefit the client – both things will make the client more willing to pay the bill and make it easier for the attorney to collect on the bill.

Revenue Collected:

$60,000

$60,000

$260,000

$ 250,000

Less: Salary, OT, Bonus

$90,000

$65,000

Cost of Benefits

$15,000

$15,000

Office Overhead

$50,000

$50,000

Orig Fees, other

$25,000

$25,000

$180,000

$155,000

Total Costs:

Potential Firm Profit:

off unproductive time, that affects a paralegal’s realization rate. The realization rate is the percentage of time billed to the percentage of time actually collected. In this chart, even though Paralegal A bills significantly more hours than Paralegal B, Paralegal A does not have that same ratio in terms of the amount collected because of a lower realization rate. This example is just to show you that more billable hours do not necessarily mean more profit for the law firm.

Those are just a few things that you have control over in terms of

Base Salary

took longer than they should have. When an attorney has to write

It’s not always about who bills more hours. Increasing your billable hours is a good start, but only if they are efficient hours.

Why should all of this be important to you?

Because it

is important to your employer. Even if you do not know your productivity number, realization percentage or profitability number, someone at your law firm does and most likely they are the decision maker on raises, bonuses and job security. You might not ever know what your exact profitability number is, but you can help increase it by knowing your productivity number and working on things that you do have control over. Tracking your numbers and doing what you can to increase them can get you a few steps closer to being that indispensable paralegal. k Ann Pearson is the Owner and Founding Member of PRM, an Atlanta-based company that provides consulting and education services to law firms and legal departments, with a focus on their paralegals. PRM helps transform law firm paralegal groups into profit centers and designs customized in-house paralegal training programs for corporate legal departments and law firms, in addition to developing the Litigation Paralegal Boot Camp™ and Paralegal Resource Conferences by PRM ™. Seeing a need for a new independent legal publication geared towards today’s legal professionals, Ms. Pearson launched The Paralegal Journal in 2011. Prior to founding PRM and The Paralegal Journal, Ann was the paralegal manager for McKenna Long & Aldridge’s offices in Atlanta, San Diego and New York after many years of working as a senior paralegal at Holland & Knight LLP.

$80,000 $95,000

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Career Path

Times have changed. I hate to start this article by

salaries are not increasing. In addition, the

Yet, having a strong network and using it

hiring process requires a lot more effort. It

well is the best way to find a new career

is now incumbent upon a paralegal looking

opportunity. Being referred by a friend is

stating the obvious, yet it

to make a career transition to articulate

far better than blindly submitting a resume

their value and use more proactive methods

online to a general mailbox with a hundred

is unavoidable. This still

to find opportunities.

This article will

other applicants. Think of your network as

highlight 3 ways that a paralegal can take

a muscle. When it is used regularly it is

control of their job search and succeed in

strong, powerful and helps you get a lot done

is a difficult economy.

We have all heard the

news

with less pain. When is ignored, it atrophies and becomes useless.

reports

Another

and unemployment

key

point

to

remember is that networking is a reciprocal process.

reports: many legal professionals

When

networking is approached from a “what can this person do for me” mindset, it will yield no

are still actively looking for jobs.

These conditions

results.

Share best practices,

news of upcoming professional development events as well as other helpful information with networking

can leave even the most confident

connections,

workers and colleagues.

coThe

seeds you sow to help others will come back to you tenfold.

and experienced paralegal feeling discouraged.

Networking for a new position must

include

these days.

social

media

Everyone is using

LinkedIn, but are you actively

As a recruiter and job

using it in your job search?

search consultant, I do see

Use the following checklist to

some improvements in the legal

see if you are using LinkedIn to

employment market.

However,

the way a paralegal searches for a job has changed irrevocably.

Several years ago

it was sufficient to have the education (bachelor’s degree and/or a paralegal certificate) and several years of experience with a reputable law firm or company working in your practice area.

With

finding a new position even in a challenging

1.

economy.

“You can’t stay in your corner of the Forest waiting for others to come to you. You have to go them sometimes.” ~ Winnie the Pooh Networking – Everyone knows that

these credentials a paralegal was almost

networking is important. Nonetheless, the

guaranteed a comparable job in about 3-6

fact of the matter is very few of us do it with

months, typically even seeing an increase in

any effectiveness. Let’s face it networking

salary. Now it’s more like 9-12 months and

is time consuming and can be tedious.

its fullest potential in your job search. ~ Update your Professional Headline.

This

is

what

viewers

and

potential

connections see as who you are.

This

should not be used as a job title field, such as “Owner, ABC Company.” That does not tell a potential connection who you are or what you can do for their company. ~ Upload a professional photograph.

As a consultant, I will often see that

30 • THEPARALEGALJOURNAL.COM • Issue 1 - 2011 TPJv1-11.indd 30

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Career Path professionals use the same profile picture

Network, Paralegal Gateway, Legal HR

the recruiter advocate on your behalf. The

in LinkedIn as they use on their Facebook

Recruiting

National

more information a recruiter has about your

page. LinkedIn should only be a headshot

Association for Legal Professionals, Legal

career goals and experience, the better they

photo and it should not be a photo of you at

Recruiters.org, eLegal and Law Jobs to

the beach.

name a few.

&

Professional,

~ Be sure your past position descriptions

~ Participate and check group updates.

are detailed enough. These should be in

Job postings frequently appear on the discussion boards of many of the groups

3.

can find you a suitable paralegal position.

“Doing the best at this moment puts you in the best place for the next moment.” ~ Oprah Winfrey Show others as well as potential

Additionally, most of

employers what you can do through your

these groups have a separate tab for “jobs”

volunteer activities. Get involved with your

to search for postings.

local paralegal association. If your local bar

mentioned above.

association has a paralegal membership, ~ Lastly, search and check for updates

join that as well.

Additionally, check

on the main Jobs tab of the LinkedIn home

for local associations that are specific to

page.

your practice area. For example, if you a

“The most effective jobseekers, ... use an average of 6.8 different employment resources when they search for jobs, combining online, networking and recruiter tools.” ~ Cynthia Morgan

litigation paralegal, you might want to join

What are some of those resources?

get to know people who can ultimately be

We’ve already covered a few of them, but

helpful in your job search, but also provides

in this new economy, it will take more

others an opportunity to get to know who you

than just in-person networking and online

are as a professional. Lastly, whatever you

networking. In addition, there are online

do, do it well and with a positive attitude.

job boards like Monster, Career Builder

Others will pick up on it and will go out of

and Law Crossing to name a few. Another

their way to assist you if they can.

2.

your local e-discovery or litigation support groups. Don’t be satisfied with just being a member; instead you should help plan activities, join committees or run for office.

These activities are a great way to not only

resource is recruiters. Some law firms do paragraph form and not a bullet point list of

not post jobs, they hire recruiters to find

job duties from your written job description.

high caliber candidates for them.

If you’re not sure how to get started, look at some of your other connection’s positions for

These tips are by far not the only resources you can employ to find a satisfying and challenging position. The point is that

Recruiters are a vital piece of career

reactively applying to on-line job posts

Whether you are unemployed

in most cases will not get you the job you

looking for temporary work or unsatisfied

want. Those who look at their job search

~ Ask for recommendations from

in your current position and looking for

strategically and use multiple resources

colleagues. It is better to ask while your

your next opportunity, recruiters are great

will uncover rewarding opportunities with

employment is still fresh in their mind.

resources. Just remember that they are not

responsibilities that move their career

a commodity. Take your time to find one

forward. g

samples of what you like.

planning.

~ Don’t add any personal interests to the

who knows the market, has a successful

“interests” section of your profile. Less is

track record and most importantly, listens.

more when it comes to personal information

Also, do not have unrealistic expectations.

on your LinkedIn profile.

A recruiter cannot find a litigation paralegal

~ Join relevant groups. In addition to your local and national paralegal association groups, there are a variety of paralegal interest groups that are especially helpful if you are looking for a paralegal position, such as: Paralegal Jobs & Continuing Education, The

Paralegal

Group,

The

Paralegal

a job as a general corporate paralegal no matter how much the applicant desires to make the change in practice areas.

Also be candid. Clearly state your salary expectations, why you are in the job market, why have you made your previous job moves, and anything else that will help

Keisha Hudson is the owner of KD Hudson Consulting, a job search consulting firm specializing in resume writing and outplacement services for legal professionals.

Keisha is a frequent presenter on topics relating to job search strategies including resume writing, interviewing and networking. Keisha has been a featured speaker for organizations such as The Atlanta Chapter of the Association of Corporate Counsel, The Minority Corporate Counsel Association, The Gate City Bar Paralegal Section and The Georgia Association of Women Lawyers. She also taught job search strategies as an adjunct professor at Capitol University Paralegal program in Columbus, Ohio and has given presentations at John Marshall Law School and Brown Mackie College. Visit www. kdhudsonconsulting.com for additional information.

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When was the last lunch hour that gave you an edge over others in your field?

Lorman offers continuing education in the following areas:

They don’t come around that often. When they do, you should jump at the chance. Now you can get your paralegal continuing education from the comfort of your own office during your lunch hour.

It’s so convenient.

• Government

Pearson Resource Management has partnered with Lorman Education Services to provide you with cost-effective education. Lorman has a wide variety of courses that qualify for CE.

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Visit www. lorman.com/training/PearsonResource for a complete list of upcoming courses.

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The results of our informal survey are in. We asked paralegals nationwide on Linked In groups and on our Facebook page to respond to a survey on their thoughts on paralegal schools. Here is a summary of those results.

Send out congratulations to the 3

winners of a FREE one-year subscription to The Paralegal Journal.

They were announced on our Facebook page.

Did you learn enough from attending school and earning a paralegal certificate to perform all of the tasks required of you in your first paralegal position?

YES NO

43.3 % 38.3 %

OTHER 19.4%

YES 43.3%

NO 38.3% What skills could have been taught in paralegal school that would have helped prepare you better for your first paralegal position?

Legal technology classes Database management

Litigation software

Trial binders

Answering discovery

Corporate maintenance

Class on medical records

Time management

How law firms operate

Trial preparation from a paralegal’s perspective

Was the paralegal school helpful in trying to find your first paralegal position after graduation?

NO Other

18.3% 50 % 31.7%

(These included responses such as: I was already employed when attending school and a decision to take other nonparalegal positions.)

Poor

Barely Acceptable

Acceptable

Pleased

Exceptional

0% 3% 20% 39% 39%

pleased 39%

acceptable 20%

exceptional 39%

barely acceptable 3%

Some of the general comments received:

More hands-on training from paralegals

YES

When asked to rate (on a scale of 1 to 5) the quality of education received from their paralegal school, the results were surprising. Despite the comments about the need for other skills to be taught and the ratings on job placement assistance and other areas, the average was a 4.2 on a scale of 1 being poor and 5 being exceptional.

No school is ever going to teach you everything you’re going to need to know walking in that front door. Period. All any school can do for any profession is hand you the tools and the base knowledge to build upon. _ Ellen Wright, Director of Operations, LaGrange Division and Paralegal, RGP Attorney Services, LLC. A lot of the skills that need to be developed cannot be learned in school. Gaining those skills takes time and cannot necessarily be taught in school. Firms are different in how they do things. Anonymous We received a very well-rounded education. _ Anonymous.

OTHER 31.7% NO 50%

YES 18.3%

I suggest that if you want to go to a Paralegal school, do your research and question the students on what kind of “hands on” training they have received. Do they know Westlaw, Lexis-Nexis or Pro-Doc? Do they know how to draft and file a simple pleading or motion? Also, sit in on a couple of the classes. The school wants your money, so there is no way they won’t let you sit in on one or two classes for free. If they won’t let you sit in on a class, find another school, fast. _ PH (Blogger from Paralegal Hell.com)

Watch our Facebook page for our next survey!

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What’s Next?

What’s Coming In The Next Issue?

• It’s THAT time of year: Are you ready for your performance review?

• Starting a Virtual Paralegal Business • How to conduct an focus group on a budget • Addressing GAPS in your resume • Marketing yourself as part of your 2012 professional to-do list • New section for in-house paralegals • Taking on new roles that will advance your career NOW • We are adding more departments and more feature articles with every issue

2011 Subscription Special:

DON’T MISS A SINGLE ISSUE! Subscribe Now at www.theparalegaljournal.com or Email: info@theparalegaljournal.com Advertiser Index

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$34 gets you 2 years of print AND flip book for one low price. Offer ends Oct. 1, 2011.

Visit the Advertisers on the web

Document Technologies, Inc. (DTI)........................................ 2................................ www.dtiglobal.com Lorman Education.................................................................. 8................................ www.lorman.com Merrill Corporation................................................................. 10.............................. www.merrillcorp.com Pearson Resource Management, LLC..................................... 32.............................. www.pearsonresource.com PRM Conferences................................................................... 35.............................. www.prmconferences.com Renew Data............................................................................ 13.............................. www.renewdata.com Sterling Legal Search, Inc...................................................... 19.............................. www.sterlinglegal.com Triad Professionals................................................................. 29.............................. www.triadpros.com

34 • THEPARALEGALJOURNAL.COM • Issue 1 - 2011

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