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.
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