It is never too early (or late) to begin professional networking. To that end, I have created a group for OBCL paralegals on LinkedIn.com You are welcome to join!
http://www.linkedin.com/groups?about=&gid=2088483&trk=anet_ug_grppro
Sunday, July 19, 2009
Saturday, July 11, 2009
The First 3 Months in Office (posted by Jessica)
As a “veteran” with only 90 days of experience in a law office, what am I doing writing an article!?! Maybe the following tale will bring some laughter. If you are already working in the legal field, may the tale encourage your efforts to welcome and come alongside rookies. If you are not in a law office yet, perhaps the tale will help you know how to prepare. This tale is told in the second person to protect the innocent (or guilty?).
The first day at a new job has moments that are seared forever in your memory…the rest of the day is just a blur :) You are filled with so much nervousness and excitement that you arrive before the office is open and spend a nerve-wracking 15 minutes waiting to go into the building. This is good though because you can remind yourself to breath and pray.
The office is a boutique firm that specializes in an area of law you did not study with OBCL, so you know absolutely nothing except the layout of the office and that bit you know only because of the interview.
When you answer the phone watch out! Old habits die hard and you must stop yourself from accidently answering with the greeting from your former job. The one time you don’t catch yourself in time it turns out to be the senior partner’s wife on the other end of the line. Thankfully she is a sweet and understanding person. Anyway the whole office has a good laugh. Note to self: be able to laugh at your own expense.
On the first day you attempt to identify the office expert. You find your ally in the office manager who knows all the ins and outs of what is happening in the firm. To your great joy she takes you under her wing and is willing to answer questions. Who knew that helping with tedious humdrum tasks is a great relationship builder? You learn a lot from her by simply listening and watching. Never be afraid to ask seemingly dumb questions, like “how do I check the voicemail message on my desk phone?”
Your biggest goal and also your greatest challenge is to recognize and understand each attorney’s individual style. What schedule does he operate on? How does he like his projects organized? Is he paper based or computer oriented? What are his pet peeves? You pray for guidance in juggling the various tasks and schedules. This will be an ongoing study.
Before working here you thought you had a good memory. Now though your brain seems like a sieve and even simple things like transfering a phone call requires you to write down the name and case before you buzz the attorney so you can remember who is calling and why. Is dementia setting in or is it merely part of working in a fastpaced environment? You are given a simple task and you walk back to your desk to do it and by the time you get there the details are fuzzy (could those three people that stopped you on the way to ask questions or give other tasks have anything to do with it?) After three months you have trained yourself to always carry a notepad and write everything down, and by that point you are relieved of the fear of dementia because everyone else takes notes also and you are starting to recognize clients by voice on the phone. You get a big thrill the day you suddenly are able to go to the exact drawer, whip out the file, and turn to the exact page without consciously thinking about it.
Another WATCH OUT! issue you come to terms with is the danger of assuming that what you hear your supervisor say IS what he meant you to hear. During the first few weeks you are an eager beaver and complete tasks quickly and completely only to discover that what you give back to them is not what they meant at all. You recognize the wisdom of your boss’s mantra, “When finished, sum up!” Besides writing everything down, at the end of the conversation you reiterate back in your own words what you heard the other person ask you to do. You look foolish and waste valuable time when you fail to verify you understand what the other person is envisioning as the final product.
Speaking of time, on the first day you are introduced to a new computer program. It is a bit overwhelming and even frightening – it is the billing program. You face a dizzying assignment of trying to learn as fast as possible what can be billed and what cannot, how many hours you are expected to put in per month, and all of the codes and abbreviations. That isn’t the most brainwracking part though. You are an intelligent human being capable of drafting legal documents, communicating with courts and clients, and keeping organized. For the past three hours you have been working steadily, but now how do you describe on the billing program what you did in a way that shows the client what you did and how it provides benefit to them? Is there a “Billing Entries for Dummies?”
You start in the firm knowing you are a rookie, and the firm hires you knowing you are a rookie. Perfection is not demanded. What they are looking for is for you to have a “Can Do” attitude, ready to give your best, with the wisdom to recognize when you are beyond your experience level. The wise man has the humility to say “Yes I will do that. Is there someone who can take a few minutes to show me how?”
God bless on your final exams and as you prepare for the CLA exam.
The first day at a new job has moments that are seared forever in your memory…the rest of the day is just a blur :) You are filled with so much nervousness and excitement that you arrive before the office is open and spend a nerve-wracking 15 minutes waiting to go into the building. This is good though because you can remind yourself to breath and pray.
The office is a boutique firm that specializes in an area of law you did not study with OBCL, so you know absolutely nothing except the layout of the office and that bit you know only because of the interview.
When you answer the phone watch out! Old habits die hard and you must stop yourself from accidently answering with the greeting from your former job. The one time you don’t catch yourself in time it turns out to be the senior partner’s wife on the other end of the line. Thankfully she is a sweet and understanding person. Anyway the whole office has a good laugh. Note to self: be able to laugh at your own expense.
On the first day you attempt to identify the office expert. You find your ally in the office manager who knows all the ins and outs of what is happening in the firm. To your great joy she takes you under her wing and is willing to answer questions. Who knew that helping with tedious humdrum tasks is a great relationship builder? You learn a lot from her by simply listening and watching. Never be afraid to ask seemingly dumb questions, like “how do I check the voicemail message on my desk phone?”
Your biggest goal and also your greatest challenge is to recognize and understand each attorney’s individual style. What schedule does he operate on? How does he like his projects organized? Is he paper based or computer oriented? What are his pet peeves? You pray for guidance in juggling the various tasks and schedules. This will be an ongoing study.
Before working here you thought you had a good memory. Now though your brain seems like a sieve and even simple things like transfering a phone call requires you to write down the name and case before you buzz the attorney so you can remember who is calling and why. Is dementia setting in or is it merely part of working in a fastpaced environment? You are given a simple task and you walk back to your desk to do it and by the time you get there the details are fuzzy (could those three people that stopped you on the way to ask questions or give other tasks have anything to do with it?) After three months you have trained yourself to always carry a notepad and write everything down, and by that point you are relieved of the fear of dementia because everyone else takes notes also and you are starting to recognize clients by voice on the phone. You get a big thrill the day you suddenly are able to go to the exact drawer, whip out the file, and turn to the exact page without consciously thinking about it.
Another WATCH OUT! issue you come to terms with is the danger of assuming that what you hear your supervisor say IS what he meant you to hear. During the first few weeks you are an eager beaver and complete tasks quickly and completely only to discover that what you give back to them is not what they meant at all. You recognize the wisdom of your boss’s mantra, “When finished, sum up!” Besides writing everything down, at the end of the conversation you reiterate back in your own words what you heard the other person ask you to do. You look foolish and waste valuable time when you fail to verify you understand what the other person is envisioning as the final product.
Speaking of time, on the first day you are introduced to a new computer program. It is a bit overwhelming and even frightening – it is the billing program. You face a dizzying assignment of trying to learn as fast as possible what can be billed and what cannot, how many hours you are expected to put in per month, and all of the codes and abbreviations. That isn’t the most brainwracking part though. You are an intelligent human being capable of drafting legal documents, communicating with courts and clients, and keeping organized. For the past three hours you have been working steadily, but now how do you describe on the billing program what you did in a way that shows the client what you did and how it provides benefit to them? Is there a “Billing Entries for Dummies?”
You start in the firm knowing you are a rookie, and the firm hires you knowing you are a rookie. Perfection is not demanded. What they are looking for is for you to have a “Can Do” attitude, ready to give your best, with the wisdom to recognize when you are beyond your experience level. The wise man has the humility to say “Yes I will do that. Is there someone who can take a few minutes to show me how?”
God bless on your final exams and as you prepare for the CLA exam.
Sunday, June 14, 2009
Twitter (Posted by Jenny)
For all of you who are a Twitter-er (and those of you who may want to look into it) OBCL Paralegals now have a page on twitter!
http://twitter.com/obclparalegals
http://twitter.com/obclparalegals
Saturday, June 13, 2009
Ethics in 1925 (posted by Jessica)
A team of OBCL students/graduates has been working with Professor Rob Caprera for the past eight months on a research project involving the Scopes “Monkey” Trial of 1925. It was fascinating to study the trial transcript and to help prepare a presentation on the creation-evolution controversy from a legal perspective. In studying the trial, our team was surprised at the number of bizarre happenings, many of which have serious ethical considerations. Here is a sampling of some of the trial’s peculiarities.
1. Local businessmen in partnership with the ACLU concocted the whole trial as a way to get the town on the map and to attempt to overturn the anti-evolution law.
2. The Defense never put John T. Scopes (Scopes), it’s client, on the witness stand.
3. The Defense coached the Prosecution’s witnesses in what to say.
4. One of the prosecution attorneys was a personal friend of Scopes. He knew that Scopes had not taught evolution in the classroom.
5. The indictment was read while one member of the jury was absent and before any of the jury had been sworn in.
6. The attorneys attacked each other with verbal insults and kept interrupting each other’s speeches.
7. The defense wanted to have the judge act on a motion even though the prosecution had not been furnished with a copy and the judge had not read it.
8. Attorney Clarence Darrow insulted the judge to his face and was held in contempt of court with a $5000 bond. Yet after a lame apology he was allowed to continue on with the case.
9. One of the defense attorneys said in open court, “Your Honor, every single word that was said against this defendant, everything was true.” They wanted to lose so they could appeal to the Tennessee Supreme Court and get the law declared unconstitutional.
10. William J. Bryan, one of the prosecution attorneys, was called to the witness stand and examined by Clarence Darrow.
11. The trial should have been an open and shut case of whether the defendant had violated the law or not. Instead the defense team spent nearly a week in turning the case into an evolution vs. creation controversy by bringing in all sorts of “experts” and outside “reports” to fill the record for appeal.
12. Many of their supposed “proofs” of evolution have since been proved to be inaccurate or hoaxes.
What ethical violations were you able to identify in the strange happens listed above? If you are interested in reading the full lecture and learning more about the research project, you are welcome to join the team’s Googlegroup: http://groups.google.com/group/scopes-project?hl=en
1. Local businessmen in partnership with the ACLU concocted the whole trial as a way to get the town on the map and to attempt to overturn the anti-evolution law.
2. The Defense never put John T. Scopes (Scopes), it’s client, on the witness stand.
3. The Defense coached the Prosecution’s witnesses in what to say.
4. One of the prosecution attorneys was a personal friend of Scopes. He knew that Scopes had not taught evolution in the classroom.
5. The indictment was read while one member of the jury was absent and before any of the jury had been sworn in.
6. The attorneys attacked each other with verbal insults and kept interrupting each other’s speeches.
7. The defense wanted to have the judge act on a motion even though the prosecution had not been furnished with a copy and the judge had not read it.
8. Attorney Clarence Darrow insulted the judge to his face and was held in contempt of court with a $5000 bond. Yet after a lame apology he was allowed to continue on with the case.
9. One of the defense attorneys said in open court, “Your Honor, every single word that was said against this defendant, everything was true.” They wanted to lose so they could appeal to the Tennessee Supreme Court and get the law declared unconstitutional.
10. William J. Bryan, one of the prosecution attorneys, was called to the witness stand and examined by Clarence Darrow.
11. The trial should have been an open and shut case of whether the defendant had violated the law or not. Instead the defense team spent nearly a week in turning the case into an evolution vs. creation controversy by bringing in all sorts of “experts” and outside “reports” to fill the record for appeal.
12. Many of their supposed “proofs” of evolution have since been proved to be inaccurate or hoaxes.
What ethical violations were you able to identify in the strange happens listed above? If you are interested in reading the full lecture and learning more about the research project, you are welcome to join the team’s Googlegroup: http://groups.google.com/group/scopes-project?hl=en
Tuesday, June 02, 2009
The rule of awwwww? (Posted by Gabe)
You're no doubt following all that is going on in D.C. as the Sotomayor nomination kicks into high gear. Some of the rhetoric surrounding this nomination got me thinking - and to be perfectly honest, got me rather worried.
If you care to read my thoughts, you can do so here: The Rule of Awwwww.
If you care to read my thoughts, you can do so here: The Rule of Awwwww.
Saturday, May 16, 2009
Notary Public (posted by Jessica)
Congratulations! You have finished three quarters of the paralegal program. Take a deep breath this week while you are on break and remind yourself that God helped you reach this point. He will continue to be with you through the final 10 weeks and beyond that as you continue your education or head into a job.
On Wednesday the office manager at our law firm announced that ALL the paralegals in the office were to complete the steps to become registered as notary publics. Many of our documents must be notarized and it had become increasingly obvious that we needed more than one or two individuals capable of notarizing paperwork. This week I spent several hours researching state requirements, reading a manual and filling out an application.
If you plan to work as a paralegal at a law firm or even continue on and complete a JD program, you should consider the idea of becoming a notary public. It is something you can put on a resume and make yourself more marketable.
What is a Notary Public? Here is an excerpt on the history of notary publics:
“The office of notary public has a proud and ancient heritage. As early as the days of the Roman Empire there is mention of its fore-runners; the ‘scriba’, ‘notarii’, ‘tabularii’ and ‘tabelliones.’ Originally the ‘notarius’ was a mere scribe taking notes or minutes and drafting various instruments. Since few people could write and commercial agreements were made orally, the services of the "notarius" were sought to reduce these agreements to a definite written record. With the growth of commerce and organized civil life, these same services were needed for instruments of contract, disposition of property, and court records, etc. Practically all documents of importance since the early Roman Empire were, at one time, drawn by notaries. The English notary is an ecclesiastical officer, although his duties are mainly secular, having at one time been appointed by the Popes and subsequently by the Archbishop of Canterbury. On October 25, 1639, Thomas Fugill, a member of Connecticut's New Haven Colony, became the first notary public in America.”[i]
Three of the modern duties of notary publics are to: take acknowledgements, prepare jurats for affidavits, and administer oaths.
1. Take an Acknowledgement: When a document like a deed to convey land has to be signed by the individual making the conveyance, a notary’s signature is required as proof that the individual is who they say they are and signed the document of their own free will.
A. The individual must be personally known to the notary public, or provide sufficient proof of their identity.
B. The notary must be comfortable that the person is competent to execute the document.
C. Through the oath administered by the notary, the individual affirms that the signature on the document is his own and that he signed of his own free will.
D. The notary than signs and usually also stamps the document with a seal as proof of the acknowledgment.
2. Jurat for an Affidavit: An affidavit is a statement of facts and must be signed in the presence of a notary by the person attesting to the facts. The notary administers an oath to the individual and then attaches a certificate, called a jurat to the affidavit. The jurat is proof that the individual affirmed the truth of his statement.
3. Administer Oaths: A typical oath is "Do you solemnly swear that the statements contained herein are true to the best of your knowledge and belief, so help you God?"
4. Notary Publics may NOT notarize their own documents, documents of relatives or documents that would bring themselves a personal benefit.
Each state has its own laws and procedures for notary publics. Commissioning notary publics is a function of the state’s Secretary of State’s office. Some requirements common to all states are that the person be 18 years-old or older and be a resident of the state (some states allow those whose primary place of business is in the state). Most recommend or require the notary public to have a stamp or seal with their name and the expiration date of their commission. Another requirement or strongly recommended suggestion is the keeping of a journal/register to document all actions done in the role of notary public (i.e. every document signed, every oath administered).
The application process varies greatly from state to state:
In Connecticut you must read a manual and fill out an application (which includes a test) that must be notarized and sent to the Secretary of State’s office with a $60 application fee.
In Maryland you must read a manual, and fill out an application that must be reviewed by your State Senator before the Secretary of State will approve it. The filing fee is $20.
In California you must take a six-hour class, take an exam ($40), and then submit to a background check.
In Indiana you must read a manual and submit an application along with a $5000 bond (against injury to persons through breach of duty). There is no test.
Illinois has many of the same requirements as Indiana.
For more information and links to manuals and applications please see below:
MD = http://www.sos.state.md.us/Notary/Notary.htm
CA = http://www.sos.ca.gov/business/notary/
IN = http://www.in.gov/sos/business/notary/guide.html
IL = http://www.cyberdriveillinois.com/publications/pdf_publications/ipub1620.pdf
Have a super weekend.
[i] State of Connecticut, Notary Public Manual, http://www.ct.gov/sots/lib/sots/legislativeservices/forms/notarymanual.pdf
On Wednesday the office manager at our law firm announced that ALL the paralegals in the office were to complete the steps to become registered as notary publics. Many of our documents must be notarized and it had become increasingly obvious that we needed more than one or two individuals capable of notarizing paperwork. This week I spent several hours researching state requirements, reading a manual and filling out an application.
If you plan to work as a paralegal at a law firm or even continue on and complete a JD program, you should consider the idea of becoming a notary public. It is something you can put on a resume and make yourself more marketable.
What is a Notary Public? Here is an excerpt on the history of notary publics:
“The office of notary public has a proud and ancient heritage. As early as the days of the Roman Empire there is mention of its fore-runners; the ‘scriba’, ‘notarii’, ‘tabularii’ and ‘tabelliones.’ Originally the ‘notarius’ was a mere scribe taking notes or minutes and drafting various instruments. Since few people could write and commercial agreements were made orally, the services of the "notarius" were sought to reduce these agreements to a definite written record. With the growth of commerce and organized civil life, these same services were needed for instruments of contract, disposition of property, and court records, etc. Practically all documents of importance since the early Roman Empire were, at one time, drawn by notaries. The English notary is an ecclesiastical officer, although his duties are mainly secular, having at one time been appointed by the Popes and subsequently by the Archbishop of Canterbury. On October 25, 1639, Thomas Fugill, a member of Connecticut's New Haven Colony, became the first notary public in America.”[i]
Three of the modern duties of notary publics are to: take acknowledgements, prepare jurats for affidavits, and administer oaths.
1. Take an Acknowledgement: When a document like a deed to convey land has to be signed by the individual making the conveyance, a notary’s signature is required as proof that the individual is who they say they are and signed the document of their own free will.
A. The individual must be personally known to the notary public, or provide sufficient proof of their identity.
B. The notary must be comfortable that the person is competent to execute the document.
C. Through the oath administered by the notary, the individual affirms that the signature on the document is his own and that he signed of his own free will.
D. The notary than signs and usually also stamps the document with a seal as proof of the acknowledgment.
2. Jurat for an Affidavit: An affidavit is a statement of facts and must be signed in the presence of a notary by the person attesting to the facts. The notary administers an oath to the individual and then attaches a certificate, called a jurat to the affidavit. The jurat is proof that the individual affirmed the truth of his statement.
3. Administer Oaths: A typical oath is "Do you solemnly swear that the statements contained herein are true to the best of your knowledge and belief, so help you God?"
4. Notary Publics may NOT notarize their own documents, documents of relatives or documents that would bring themselves a personal benefit.
Each state has its own laws and procedures for notary publics. Commissioning notary publics is a function of the state’s Secretary of State’s office. Some requirements common to all states are that the person be 18 years-old or older and be a resident of the state (some states allow those whose primary place of business is in the state). Most recommend or require the notary public to have a stamp or seal with their name and the expiration date of their commission. Another requirement or strongly recommended suggestion is the keeping of a journal/register to document all actions done in the role of notary public (i.e. every document signed, every oath administered).
The application process varies greatly from state to state:
In Connecticut you must read a manual and fill out an application (which includes a test) that must be notarized and sent to the Secretary of State’s office with a $60 application fee.
In Maryland you must read a manual, and fill out an application that must be reviewed by your State Senator before the Secretary of State will approve it. The filing fee is $20.
In California you must take a six-hour class, take an exam ($40), and then submit to a background check.
In Indiana you must read a manual and submit an application along with a $5000 bond (against injury to persons through breach of duty). There is no test.
Illinois has many of the same requirements as Indiana.
For more information and links to manuals and applications please see below:
MD = http://www.sos.state.md.us/Notary/Notary.htm
CA = http://www.sos.ca.gov/business/notary/
IN = http://www.in.gov/sos/business/notary/guide.html
IL = http://www.cyberdriveillinois.com/publications/pdf_publications/ipub1620.pdf
Have a super weekend.
[i] State of Connecticut, Notary Public Manual, http://www.ct.gov/sots/lib/sots/legislativeservices/forms/notarymanual.pdf
Friday, May 01, 2009
Breaking: Justice Souter to Retire (posted by Gabe)
If you follow legal news, you've probably seen that Justice David Souter apparently is planning to retire at the end of the Supreme Court's present term. It's a fascinating move legally and politically.
There are far too many angles for me to try to address in one post - thoughts welcome, in the comments!
Hot Air has a fascinating article, from the political perspective, here.
There are far too many angles for me to try to address in one post - thoughts welcome, in the comments!
Hot Air has a fascinating article, from the political perspective, here.
Wednesday, April 22, 2009
Problem Solving (posted by Jessica)
Have you ever heard the phrase, "The answer is Duct Tape! Now what's the question?" Well the judge and court officer in the following article whole-heartedly believe that Duct Tape solves any problem!
http://www.foxnews.com/story/0,2933,517382,00.html
http://www.foxnews.com/story/0,2933,517382,00.html
Friday, April 10, 2009
Business Organizations (posted by Jessica)
Larry Ran Madly Down The Turnpike Calling For Doughnuts.
This phrase is a great way to remember the key topics for use when analyzing the various Business Organization types. The first letter of each word in the phrase corresponds to the first letter of one of the topics.
L = Liability
R = Raising Capital
M = Management
D = Duration
T = Transferability
T = Taxation
C = Complexity
F = Foreign States
D = Documents
Focus on memorizing each business type’s response to these 9 topics. The phrase about “Larry” is a quick way to check that you have covered all 9 topics when answering exam questions. If this phrase does not work for you, design a phrase of your own or a mental picture to remember the topics.
Individuals beginning a business are especially concerned with protecting themselves to avoid liability and excessive taxes. Or the individuals may be focused on finding the simplest management arrangement that will allow them to get right down to the business of making a profit. The attorney’s job is to make the individuals aware of how ALL of the above topics affect the decision of which Business Organization to choose. You as a paralegal will be involved in the research before creation of the business, and in preparing the documents to create the business entity.
On the note of documents, it might be a good idea to draw a chart to help you remember which documents are needed for each Business Organization. Without the proper paperwork a business may not be legally recognized and will face many problems in the future.
God bless the rest of your Third Quarter studies.
This phrase is a great way to remember the key topics for use when analyzing the various Business Organization types. The first letter of each word in the phrase corresponds to the first letter of one of the topics.
L = Liability
R = Raising Capital
M = Management
D = Duration
T = Transferability
T = Taxation
C = Complexity
F = Foreign States
D = Documents
Focus on memorizing each business type’s response to these 9 topics. The phrase about “Larry” is a quick way to check that you have covered all 9 topics when answering exam questions. If this phrase does not work for you, design a phrase of your own or a mental picture to remember the topics.
Individuals beginning a business are especially concerned with protecting themselves to avoid liability and excessive taxes. Or the individuals may be focused on finding the simplest management arrangement that will allow them to get right down to the business of making a profit. The attorney’s job is to make the individuals aware of how ALL of the above topics affect the decision of which Business Organization to choose. You as a paralegal will be involved in the research before creation of the business, and in preparing the documents to create the business entity.
On the note of documents, it might be a good idea to draw a chart to help you remember which documents are needed for each Business Organization. Without the proper paperwork a business may not be legally recognized and will face many problems in the future.
God bless the rest of your Third Quarter studies.
Saturday, April 04, 2009
Prioritizing in the Law Office (Posted by Jenny)
Knowing how to prioritize the stacks of projects that will come your way as a paralegal sounds simple, but is, in reality, a bit more complicated.
If you had asked me when I was doing my paralegal coursework if I knew how to prioritize, I would have told you of course I did. I had years of experience prioritizing in different working environments not to mention my education, and I had never encountered a problem with getting things done, no matter how stressful things might be.
And then I went to work in a law office. Nothing in my coursework or volunteering at the District Attorney's office prepared me for the chaos of the workings of a busy law office. It was definitely trial by fire. :)
The phones rang constantly. Whether it was a new client, a current client, a former client, a court, or other attorney's office, everyone needed something and listening to their requests took a great deal of time. Then there were the clients that came and went in the office, dropping things off, meeting with attorneys, signing waivers, etc.
Then there were the emergencies that seemed to come out of nowhere. They covered everything from motions that needed to be drafted immediately to files that had been forgotten and were needed by the attorney in court NOW.
Lastly, there was the normal workload the attorneys gave and expected to be done. Some days I felt as if I didn't have time to breathe. :) Sometimes I would sit down at my desk and have NO idea where to start, everything seemed so pressing.
But that was two years ago and I have become a bit wiser at prioritizing (and a bit less fazed by daily law office goings on). I am not saying that I am perfect, I still struggle with prioritizing, but I am much more comfortable with working amid chaos (and minimizing problems before they turn into chaos) than I was two years ago.
Here are a few tips I've learned the hard way:
1.Put all deadlines on the calendar. If pleadings need to be drafted and filed prior to a hearing, as soon as you know the hearing date is set, calendar a time a few weeks out to work on the motions / orders, have them reviewed, and tucked away in the file ready for court (if they will be presented then) or filed. When that time you've set aside to draft the orders rolls around if things are crazy, push it out a day or two, but stay late one day if you have to and get it done.
2.Constantly ask yourself, What has to be done THIS week? Or if things are hectic, What has to be done in the next 2 days? Worst case scenario, What has to be done TODAY? Once you have answered that question, put everything else on your desk aside and focus on those things that have to be done immediately. (Obviously, you will not always be in a time crunch, but if you are, don't panic. Just focus on what you have to do RIGHT NOW and if you need help from other staff, ask for it! You are a team!)
3.Learning how to multi task is hard, but it is a must. While you shouldn't do it all the time, there are many things (like filing) that don't require much brain power that you can do while waiting on hold, etc. In emergency situations, I have been typing motions or handing things to my attorney to sign while a client talked to me on the phone.
4.Don't forget to do something by not starting it when you should have. My office does a great deal of communication by e-mail, so as soon as I get on the phone with someone and they start talking, I start typing. I also (for retained clients) open up a fee window in the billing software so I won't forget to bill for the time I am working on their case. Even if I have to stop and do something else before I send the e-mail or close the billing window, the fact that I have started it will prompt me to finish it.
5.Remind your attorney (more than once) of deadlines and keep them well informed of the progress of projects. You may think you are very busy, but your attorney is much busier. He / she will rely on you to be their right arm and make sure things get done early or on time. You will (in all likelihood) have to gently remind them of things more than once and ask what you need to do to complete the task. This will save both of you time and stress later.
6.Although I try to avoid it, sometimes things get too hectic (this is true in small firms especially) and I have to work late or come in on a weekend. My attorney has never asked me to do this, I just get a sense when things are piling up and spending a few hours without the interruption of the phone or a full office can work wonders.
Needless to say, I could go on and on. I hope you will find all of the above helpful. Working as a paralegal will teach you much more than any book or blog ever could. Most important of all, find seasoned paralegals in your state who work in the same field you do (if you don't have one in the office) and learn everything you can from them!
Although the best rewards only God can give, you will find hard work and dedication reap their own good harvest. Your attorney (if he is like mine) may say little to you in the way of thanks, but he will rely on you heavily. Like the days my attorney will remember a project or deadline and ask me where we are with it, and I can tell him it is done and see his look of relief. Or n my office Friday morning, I was deep in work when I heard my attorney say, "Jenny! Come here. I can't find that Motion for Expert Witness and I've got court in 10 minutes. Where is it?" Five minutes later he was off to court with the motion, and I was smiling. :) It's great to be a paralegal!
If you had asked me when I was doing my paralegal coursework if I knew how to prioritize, I would have told you of course I did. I had years of experience prioritizing in different working environments not to mention my education, and I had never encountered a problem with getting things done, no matter how stressful things might be.
And then I went to work in a law office. Nothing in my coursework or volunteering at the District Attorney's office prepared me for the chaos of the workings of a busy law office. It was definitely trial by fire. :)
The phones rang constantly. Whether it was a new client, a current client, a former client, a court, or other attorney's office, everyone needed something and listening to their requests took a great deal of time. Then there were the clients that came and went in the office, dropping things off, meeting with attorneys, signing waivers, etc.
Then there were the emergencies that seemed to come out of nowhere. They covered everything from motions that needed to be drafted immediately to files that had been forgotten and were needed by the attorney in court NOW.
Lastly, there was the normal workload the attorneys gave and expected to be done. Some days I felt as if I didn't have time to breathe. :) Sometimes I would sit down at my desk and have NO idea where to start, everything seemed so pressing.
But that was two years ago and I have become a bit wiser at prioritizing (and a bit less fazed by daily law office goings on). I am not saying that I am perfect, I still struggle with prioritizing, but I am much more comfortable with working amid chaos (and minimizing problems before they turn into chaos) than I was two years ago.
Here are a few tips I've learned the hard way:
1.Put all deadlines on the calendar. If pleadings need to be drafted and filed prior to a hearing, as soon as you know the hearing date is set, calendar a time a few weeks out to work on the motions / orders, have them reviewed, and tucked away in the file ready for court (if they will be presented then) or filed. When that time you've set aside to draft the orders rolls around if things are crazy, push it out a day or two, but stay late one day if you have to and get it done.
2.Constantly ask yourself, What has to be done THIS week? Or if things are hectic, What has to be done in the next 2 days? Worst case scenario, What has to be done TODAY? Once you have answered that question, put everything else on your desk aside and focus on those things that have to be done immediately. (Obviously, you will not always be in a time crunch, but if you are, don't panic. Just focus on what you have to do RIGHT NOW and if you need help from other staff, ask for it! You are a team!)
3.Learning how to multi task is hard, but it is a must. While you shouldn't do it all the time, there are many things (like filing) that don't require much brain power that you can do while waiting on hold, etc. In emergency situations, I have been typing motions or handing things to my attorney to sign while a client talked to me on the phone.
4.Don't forget to do something by not starting it when you should have. My office does a great deal of communication by e-mail, so as soon as I get on the phone with someone and they start talking, I start typing. I also (for retained clients) open up a fee window in the billing software so I won't forget to bill for the time I am working on their case. Even if I have to stop and do something else before I send the e-mail or close the billing window, the fact that I have started it will prompt me to finish it.
5.Remind your attorney (more than once) of deadlines and keep them well informed of the progress of projects. You may think you are very busy, but your attorney is much busier. He / she will rely on you to be their right arm and make sure things get done early or on time. You will (in all likelihood) have to gently remind them of things more than once and ask what you need to do to complete the task. This will save both of you time and stress later.
6.Although I try to avoid it, sometimes things get too hectic (this is true in small firms especially) and I have to work late or come in on a weekend. My attorney has never asked me to do this, I just get a sense when things are piling up and spending a few hours without the interruption of the phone or a full office can work wonders.
Needless to say, I could go on and on. I hope you will find all of the above helpful. Working as a paralegal will teach you much more than any book or blog ever could. Most important of all, find seasoned paralegals in your state who work in the same field you do (if you don't have one in the office) and learn everything you can from them!
Although the best rewards only God can give, you will find hard work and dedication reap their own good harvest. Your attorney (if he is like mine) may say little to you in the way of thanks, but he will rely on you heavily. Like the days my attorney will remember a project or deadline and ask me where we are with it, and I can tell him it is done and see his look of relief. Or n my office Friday morning, I was deep in work when I heard my attorney say, "Jenny! Come here. I can't find that Motion for Expert Witness and I've got court in 10 minutes. Where is it?" Five minutes later he was off to court with the motion, and I was smiling. :) It's great to be a paralegal!
Tuesday, March 24, 2009
A "Unique Will." (Posted by Gabe)
As you are probably discovering in your study of wills and trusts, some people have very bizarre ideas about what a will should contain. You could do quite a study on strange things people have put in their last bequests. For instance, when I first saw the headline that PETA co-founder Ingrid Newkirk had a unique will, I thought I was going to be reading a story about, say, leaving property to cats.
But I was wrong. (And fair warning, before you click on that link - it's gross.)
So what do you think, class? Valid will?
P.S. If you need a laugh in the midst of your studies, check out the "Sea Kittens" campaign. I think they're being serious...
But I was wrong. (And fair warning, before you click on that link - it's gross.)
So what do you think, class? Valid will?
P.S. If you need a laugh in the midst of your studies, check out the "Sea Kittens" campaign. I think they're being serious...
Friday, March 13, 2009
Legal Jobs (posted by Jessica)
The economic downturn is affecting the job market and even the legal field has not escaped. Do not let this fact discourage your plans to become a paralegal. The Lord opened the door for you to take Oak Brook’s course and He will open a door to a paralegal job when the time comes. There are practical steps you can take to prepare for job-hunting while you are still in school.
RESUME
Update your resume or create one if you do not have one. There are templates and examples on the Internet of different resume styles. The traditional, reverse-chronological resume is probably the best choice. Place the “Education” section near the top and include OBCL with your expected date of completion. If your paid work experience is limited, have a section to detail volunteer work. Life experience counts whether you were paid or not. Ask others to look at your resume and give feedback.
NETWORK
“It is not what you know, but who you know.” The buzzword among job seekers is “networking.” People naturally gravitate towards hiring or working for someone they already know or who is connected to someone else they know. No doubt you have told family and friends about your paralegal course. Guess what! You have begun to network! Ask your friends and acquaintances if they can recommend someone you can speak with to learn more about law and the legal environment in your area. These contacts can lead you to still other contacts. Most people will be happy to talk with you and share suggestions.
INFO INTERVIEW
An informational interview is another pre-job hunting step. As you network, ask yourself which areas of law you are especially interested in. Seek contacts that specialize in those areas and ask if you could meet for coffee or lunch for an informational interview. The purpose of the interview is not to inquire about a job, but to learn about the challenges and responsibilities of the work the interviewee does. You will discover important facts, and narrow down options if you have not yet decided what branch of law you want to be in. Have a list of questions and afterwards write a thank you note.
VOLUNTEER
Have you considered volunteering/interning at a law firm, court or district attorney’s office while you are still in school? The experience will be invaluable to your studies, and will look good on your resume when you seek a permanent position after graduation. If you can allocate a little extra time each week to volunteering in a legal environment, you will find it well worthwhile. An internship is also a good way to meet people and network, allowing you to establish a positive reputation and later on hear of job opportunities.
Have a good week of studies.
RESUME
Update your resume or create one if you do not have one. There are templates and examples on the Internet of different resume styles. The traditional, reverse-chronological resume is probably the best choice. Place the “Education” section near the top and include OBCL with your expected date of completion. If your paid work experience is limited, have a section to detail volunteer work. Life experience counts whether you were paid or not. Ask others to look at your resume and give feedback.
NETWORK
“It is not what you know, but who you know.” The buzzword among job seekers is “networking.” People naturally gravitate towards hiring or working for someone they already know or who is connected to someone else they know. No doubt you have told family and friends about your paralegal course. Guess what! You have begun to network! Ask your friends and acquaintances if they can recommend someone you can speak with to learn more about law and the legal environment in your area. These contacts can lead you to still other contacts. Most people will be happy to talk with you and share suggestions.
INFO INTERVIEW
An informational interview is another pre-job hunting step. As you network, ask yourself which areas of law you are especially interested in. Seek contacts that specialize in those areas and ask if you could meet for coffee or lunch for an informational interview. The purpose of the interview is not to inquire about a job, but to learn about the challenges and responsibilities of the work the interviewee does. You will discover important facts, and narrow down options if you have not yet decided what branch of law you want to be in. Have a list of questions and afterwards write a thank you note.
VOLUNTEER
Have you considered volunteering/interning at a law firm, court or district attorney’s office while you are still in school? The experience will be invaluable to your studies, and will look good on your resume when you seek a permanent position after graduation. If you can allocate a little extra time each week to volunteering in a legal environment, you will find it well worthwhile. An internship is also a good way to meet people and network, allowing you to establish a positive reputation and later on hear of job opportunities.
Have a good week of studies.
Saturday, February 21, 2009
Rat Race
If you think your work or study environment is challenging, check out this story.
http://www.foxnews.com/story/0,2933,497987,00.html
http://www.foxnews.com/story/0,2933,497987,00.html
Saturday, February 07, 2009
Legal Reasoning in 08-09 (posted by Jessica)
As you have no doubt discovered by now, Legal Reasoning concepts can be hard to grasp concretely. Perhaps, like me, you find it valuable to consider concrete examples of reasoning at work to help you grasp the theory behind each one. This blog post will be some mental wanderings on the topic of legal reasoning, and how each theory applies in the political realm. I would love to hear your thoughts and comments.
How many types and theories of legal reasoning have been revealed in the election and in the agenda of our new President?
-Idealism-
Many voters considered him a promoter of idealism. His campaign line of “Change,” and his repeated remarks about changing America and making the country better, sounded idealistic. Quite a few starry-eyed constituents went to the polls believing they were helping usher in a utopian society. An ideal of everyone’s needs being met. The voters would have claimed they and the President held to idealism if they had been polled about theories. A goal outside of current reality is the ideal for which society must strive to become a utopia.
-Realism-
Realism is finding the ideal embedded in the current reality. On the new White House website you will find information about goals for the new administration. Bills will be promoted and measures enacted to support abortions of all kinds, the homosexual community will receive more special treatment, and more regulations will be added to businesses. Since some people in society have already engaged in the former activities and clamor for the later then these must be the new ideals. Presidential advisors probably would claim the administration holds to the theory of realism. Current thought dictates the ideals.
-Nominalism-
The news stations and announcers like to proclaim themselves as unbiased providers of information. Nominalism is the theory of stating what currently exists in society without comment, almost like cataloguing. Calling a candidate a long-awaited messiah or a great breath of fresh air does not qualify as nominalism. Nor does bashing the previous administration. While reporters might say they hold to the theory of nominalism, their opinionated comments probably show otherwise. “What IS is what is, and that is all there is, with no right or wrong about it” the true nominalist would say.
-Legal Positivism-
The last “ism” philosophy, is legal positivism. Some of the new White House agenda items conflict with the Bible. An adherent of legal positivism believes there are no laws except what men legislate. God’s laws would be ignored as not true law, while legislated human opinions would be held as the only standard of right and wrong. Would our new Congress and President fall into the category of legal positivists?
I would love to hear your thoughts in the comment section!
God bless as you take exams soon.
How many types and theories of legal reasoning have been revealed in the election and in the agenda of our new President?
-Idealism-
Many voters considered him a promoter of idealism. His campaign line of “Change,” and his repeated remarks about changing America and making the country better, sounded idealistic. Quite a few starry-eyed constituents went to the polls believing they were helping usher in a utopian society. An ideal of everyone’s needs being met. The voters would have claimed they and the President held to idealism if they had been polled about theories. A goal outside of current reality is the ideal for which society must strive to become a utopia.
-Realism-
Realism is finding the ideal embedded in the current reality. On the new White House website you will find information about goals for the new administration. Bills will be promoted and measures enacted to support abortions of all kinds, the homosexual community will receive more special treatment, and more regulations will be added to businesses. Since some people in society have already engaged in the former activities and clamor for the later then these must be the new ideals. Presidential advisors probably would claim the administration holds to the theory of realism. Current thought dictates the ideals.
-Nominalism-
The news stations and announcers like to proclaim themselves as unbiased providers of information. Nominalism is the theory of stating what currently exists in society without comment, almost like cataloguing. Calling a candidate a long-awaited messiah or a great breath of fresh air does not qualify as nominalism. Nor does bashing the previous administration. While reporters might say they hold to the theory of nominalism, their opinionated comments probably show otherwise. “What IS is what is, and that is all there is, with no right or wrong about it” the true nominalist would say.
-Legal Positivism-
The last “ism” philosophy, is legal positivism. Some of the new White House agenda items conflict with the Bible. An adherent of legal positivism believes there are no laws except what men legislate. God’s laws would be ignored as not true law, while legislated human opinions would be held as the only standard of right and wrong. Would our new Congress and President fall into the category of legal positivists?
I would love to hear your thoughts in the comment section!
God bless as you take exams soon.
Thursday, February 05, 2009
Thoughts from Court. (Posted by Gabe)
This morning I was sitting through some 341 meetings in federal bankruptcy court, and overheard a rather terrible discussion about a paralegal. You see, it's not uncommon at all for people looking to bankruptcy to hire a paralegal to help fill out the forms. While there are certainly acceptable ways to do that, this one was not - the paralegal went a bit beyond filling out the forms, gave the client some plain wrong legal advice, and was being investigated by the United States Department of Justice. Not a pretty picture, to be sure!
Being in on that meeting prompted a couple of thoughts on being a paralegal. Maybe these thoughts won't apply to you as you study, but I hope that they will be an encouragement to you as you prepare for your future work.
Know the Rules
This one is obvious, I'm afraid. A glance at an ethics book or a little common sense could have saved this paralegal a whole lot of potential heartache - not to mention criminal prosecution.
Now, who knows? Maybe this paralegal was having a bad day. Maybe she was distracted and didn't think about what she was saying. Maybe she has given this advice and gotten away with it a dozen times before. Or maybe she just took that little twinge of common sense and stuffed it under the rug to make a few bucks from this client. I will never know - but this I do know: whatever the reason, she is going to regret her laxity and ignorance of what she should and shouldn't do.
Your Words Matter
Scriptures are certainly clear on this point, as are the many that have written on the subject, but in the legal field it is especially true. To a very large extent, legal professionals have the lives of others in their hands. What you say and what you write has, for better or for worse, someone else's fate embodied in it.
It may not seem like much, sometimes. It could be a small question, a tiny project, or a seemingly inconsequential conversation with your client or your boss. But don't let those appearances deceive you. Don't get sloppy in what you say!
And it never ceases to amaze me how easy it is to mis-communicate. It's highly possible that this errant paralegal I heard about today has a very different idea of what she said. It could be that she is innocent at heart - but what she communicated caused her client to go the wrong way, and could well lead to criminal liability on her part. Clarity in speech can be horribly difficult, but it is no more difficult than it is vital.
I don't say this to scare anyone. I say it more as an encouragement, because you, as a paralegal, have the opportunity to impact people's lives in ways many will never know. You are in a position of trust, to both your clients and your bosses, and with that trust comes great responsibility - and great potential to bless, to enrich, and to edify.
Even now that I am a lawyer, I can still honestly say that some of the most rewarding experiences of my life came when I was working as a paralegal with the chance to help people through legal issues on a regular basis. But not just legal issues, friends, because legal issues are often just symptoms of something deeper, and often the reward comes with seeking out spiritual and practical solutions to the difficulties your clients are in.
So don't forget that what you say will have an impact on lives. And study your ethics rules!
Being in on that meeting prompted a couple of thoughts on being a paralegal. Maybe these thoughts won't apply to you as you study, but I hope that they will be an encouragement to you as you prepare for your future work.
Know the Rules
This one is obvious, I'm afraid. A glance at an ethics book or a little common sense could have saved this paralegal a whole lot of potential heartache - not to mention criminal prosecution.
Now, who knows? Maybe this paralegal was having a bad day. Maybe she was distracted and didn't think about what she was saying. Maybe she has given this advice and gotten away with it a dozen times before. Or maybe she just took that little twinge of common sense and stuffed it under the rug to make a few bucks from this client. I will never know - but this I do know: whatever the reason, she is going to regret her laxity and ignorance of what she should and shouldn't do.
Your Words Matter
Scriptures are certainly clear on this point, as are the many that have written on the subject, but in the legal field it is especially true. To a very large extent, legal professionals have the lives of others in their hands. What you say and what you write has, for better or for worse, someone else's fate embodied in it.
It may not seem like much, sometimes. It could be a small question, a tiny project, or a seemingly inconsequential conversation with your client or your boss. But don't let those appearances deceive you. Don't get sloppy in what you say!
And it never ceases to amaze me how easy it is to mis-communicate. It's highly possible that this errant paralegal I heard about today has a very different idea of what she said. It could be that she is innocent at heart - but what she communicated caused her client to go the wrong way, and could well lead to criminal liability on her part. Clarity in speech can be horribly difficult, but it is no more difficult than it is vital.
I don't say this to scare anyone. I say it more as an encouragement, because you, as a paralegal, have the opportunity to impact people's lives in ways many will never know. You are in a position of trust, to both your clients and your bosses, and with that trust comes great responsibility - and great potential to bless, to enrich, and to edify.
Even now that I am a lawyer, I can still honestly say that some of the most rewarding experiences of my life came when I was working as a paralegal with the chance to help people through legal issues on a regular basis. But not just legal issues, friends, because legal issues are often just symptoms of something deeper, and often the reward comes with seeking out spiritual and practical solutions to the difficulties your clients are in.
So don't forget that what you say will have an impact on lives. And study your ethics rules!
Tuesday, February 03, 2009
Sunday, January 25, 2009
Assisting at Trial: The Litigation Paralegal’s Role (Posted by Jenny)
I thought this was a very informative article and wanted to share it with you. Trials are a very stressful and crazy time and being well prepared goes far toward making everything run smoothly for your supervising attorney.
Happy reading!!
http://txpd.org/tpj/54/cite01.asp
Happy reading!!
http://txpd.org/tpj/54/cite01.asp
Thursday, January 15, 2009
Careful Watching (posted by Jessica)
Recently I was on a temporary assignment assisting a corporate attorney with a special project. The assignment served as a mini-refresher course on the importance of confidentiality and what the responsibility requires. Confidentiality is the way of life when you are in the legal field. This post will give you a first taste of this important topic, which you will learn indepth later in the course.
Lawyers have a duty to rigorously protect client information and prevent disclosure of that information to others. As paralegals we are under the authority of our supervising lawyer and have the same responsibility to the clients. The confidentiality rule requires you to practice extra caution. If you are an outgoing person you may need to change the way you go about life. It almost requires the mindset of a secret agent.
The first step on the path of confidentiality is correctly identifying who is the client. If your supervisor is representing an individual, than the client is that one person and does not include his relatives or friends. In the project I just completed the lawyer was working for a corporation. This was an interesting situation: the client was the corporate entity, not the necessarily the employees that work there. A corporation does not have a face or voice, so the executives in their official capacity as officers of the corporation serves as human representatives of the corporation but all other employees are usually considered separate parties.
There are many aspects to protecting client confidentiality.
1. Watch your conversation
It is normal in American society to talk about your job with family and friends. However in the law profession such talk could lead to a breach of confidentiality. You must train yourself not to discuss your work except in the most general terms even with close family. I am a very talkative person, so this is something I have to work hard on; I find the best thing for me is not to talk about work at all, rather than risk saying something I should not.
Example: In this sensitive assignment, my lawyer’s office was in the corporate building surrounded by the offices of regular employees. We had to be careful not to talk about the project unless the door was closed. Rather then going around and meeting and greeting everyone, I needed to somewhat isolate myself, to avoid the awkward situation of being buttonholed by someone wanting to ask what I was doing at the corporation and what my work involved. We also ended up avoiding the cafeteria at lunchtime and just taking our lunch back to the office. This probably sounds extreme, but sometimes duty requires unusual things.
2. Watch your papers
When working with documents you must be careful not to have them in plain sight if a non-client comes by. If you must step away from your desk, remember to put the papers in a drawer or lock the door, even if you will be gone only for a short time. When carrying papers around it is best to have them in an envelope or folder to prevent someone accidentally seeing what you are working on.
Example: The room I was working in did not have it’s own printer, so I would have to print to a machine in the copy room shared by the whole section. I would click the print button and then dash like mad to arrive at the machine before the pages finished printing, so unauthorized persons didn’t see or accidentally walk off with them. Earlier on in the project the confidentially rule led to an embarrassingly funny scenario. When I first started I was told the name of the executive that we were going to be working with, but he was not in yet. I printed off documents and was sorting them on my office table, when a man wandered by and then walked in and introduced himself by first name only. While shakily smiling and stuttering a greeting, I was also trying to flip the stacks of paper face down. He smiled and moved on, probably thinking I was an idiot. Later on I was to discover to my mortification that he was the executive and knew everything about the project anyway! However better safe than sorry.
3. Watch your computer.
Technology is the blessing and the curse of the legal profession. Computers and email help accomplish projects more efficiently but they also can be a danger to confidentially. Make sure your screen is not visible to visitors, and when absent from your desk you put the computer in a password-protected screensaver or sleepmode. It is essential to have passwords, firewalls and other hacker-preventing software to protect your files. When emailing, check and double-check that you are sending to the correct person and only that person (watch out for “reply to all”). Once you click “send”, it is too late. Label your computer documents “Legal and Confidential” or “Privileged” as part of the title.
A more recent issue in the legal field has to do with high tech software. If you email documents to the other party they can discover any changes or deletions. Or if you used an old document and wrote over it with the new client’s information, they can find the prior information as well. Any of these situations could be a breach of confidentiality. Find out if your firm has software to erase back history and also PDF your docs to prevent others from making changes.
Example: My computer had a problem, so I called the IT helpline hoping they could talk me through to a solution. I was surprised when the tech wanted to remote in and work on it himself. I had to decline because I was in the middle of working on sensitive material. Thankfully the Lord helped me mess around and find away to overcome the problem. No matter how urgent or bad the computer problem is, check with your lawyer before having IT work on it, as they may gain access to things that are protected by the confidentiality rule.
One of your most important responsibilities as a paralegal is to assist your lawyer in protected the confidentiality of the attorney-client relationship and the client’s information. Even if it means being thought strange!
Lawyers have a duty to rigorously protect client information and prevent disclosure of that information to others. As paralegals we are under the authority of our supervising lawyer and have the same responsibility to the clients. The confidentiality rule requires you to practice extra caution. If you are an outgoing person you may need to change the way you go about life. It almost requires the mindset of a secret agent.
The first step on the path of confidentiality is correctly identifying who is the client. If your supervisor is representing an individual, than the client is that one person and does not include his relatives or friends. In the project I just completed the lawyer was working for a corporation. This was an interesting situation: the client was the corporate entity, not the necessarily the employees that work there. A corporation does not have a face or voice, so the executives in their official capacity as officers of the corporation serves as human representatives of the corporation but all other employees are usually considered separate parties.
There are many aspects to protecting client confidentiality.
1. Watch your conversation
It is normal in American society to talk about your job with family and friends. However in the law profession such talk could lead to a breach of confidentiality. You must train yourself not to discuss your work except in the most general terms even with close family. I am a very talkative person, so this is something I have to work hard on; I find the best thing for me is not to talk about work at all, rather than risk saying something I should not.
Example: In this sensitive assignment, my lawyer’s office was in the corporate building surrounded by the offices of regular employees. We had to be careful not to talk about the project unless the door was closed. Rather then going around and meeting and greeting everyone, I needed to somewhat isolate myself, to avoid the awkward situation of being buttonholed by someone wanting to ask what I was doing at the corporation and what my work involved. We also ended up avoiding the cafeteria at lunchtime and just taking our lunch back to the office. This probably sounds extreme, but sometimes duty requires unusual things.
2. Watch your papers
When working with documents you must be careful not to have them in plain sight if a non-client comes by. If you must step away from your desk, remember to put the papers in a drawer or lock the door, even if you will be gone only for a short time. When carrying papers around it is best to have them in an envelope or folder to prevent someone accidentally seeing what you are working on.
Example: The room I was working in did not have it’s own printer, so I would have to print to a machine in the copy room shared by the whole section. I would click the print button and then dash like mad to arrive at the machine before the pages finished printing, so unauthorized persons didn’t see or accidentally walk off with them. Earlier on in the project the confidentially rule led to an embarrassingly funny scenario. When I first started I was told the name of the executive that we were going to be working with, but he was not in yet. I printed off documents and was sorting them on my office table, when a man wandered by and then walked in and introduced himself by first name only. While shakily smiling and stuttering a greeting, I was also trying to flip the stacks of paper face down. He smiled and moved on, probably thinking I was an idiot. Later on I was to discover to my mortification that he was the executive and knew everything about the project anyway! However better safe than sorry.
3. Watch your computer.
Technology is the blessing and the curse of the legal profession. Computers and email help accomplish projects more efficiently but they also can be a danger to confidentially. Make sure your screen is not visible to visitors, and when absent from your desk you put the computer in a password-protected screensaver or sleepmode. It is essential to have passwords, firewalls and other hacker-preventing software to protect your files. When emailing, check and double-check that you are sending to the correct person and only that person (watch out for “reply to all”). Once you click “send”, it is too late. Label your computer documents “Legal and Confidential” or “Privileged” as part of the title.
A more recent issue in the legal field has to do with high tech software. If you email documents to the other party they can discover any changes or deletions. Or if you used an old document and wrote over it with the new client’s information, they can find the prior information as well. Any of these situations could be a breach of confidentiality. Find out if your firm has software to erase back history and also PDF your docs to prevent others from making changes.
Example: My computer had a problem, so I called the IT helpline hoping they could talk me through to a solution. I was surprised when the tech wanted to remote in and work on it himself. I had to decline because I was in the middle of working on sensitive material. Thankfully the Lord helped me mess around and find away to overcome the problem. No matter how urgent or bad the computer problem is, check with your lawyer before having IT work on it, as they may gain access to things that are protected by the confidentiality rule.
One of your most important responsibilities as a paralegal is to assist your lawyer in protected the confidentiality of the attorney-client relationship and the client’s information. Even if it means being thought strange!
Friday, January 09, 2009
How to know you're in a good profession... (Posted by Gabe)
Even the bosses admit you've got it better.
http://www.abajournal.com/weekly/paralegals_outrank_lawyers_on_best_jobs_list
http://www.abajournal.com/weekly/paralegals_outrank_lawyers_on_best_jobs_list
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