What does a paralegal do? Have you ever attempted to type the plural of paralegal in your word processor; what happens? Evidence that few lawyers, let alone others, understand what a paralegal is, does or contributes to the law firm. Find out:
What can paralegals do?
What can’t/shouldn’t paralegals do?
How can lawyers take advantage of the skills that paralegals bring to the table?
What is the best way for lawyers to interact with lawyers?
Can lawyers leverage the skills of paralegals, and if yes, how best to do so?
How can lawyers make money from the work performed by paralegals?
Our panel members, Cynthia Mascio, ACP, CEDS, a leader in the California paralegal movement, and Edward Poll, J.D., M.B.A., CMC, will discuss these issues from the perspectives of both the lawyer and the paralegal.
Most associates don’t understand the concept of profitability. This week, Ed outlines what it means to be a profitable associate, and why that is important for not just your firm, but your career as a lawyer.
How do we get from here to there? Jim Collins, in his Good to Great, describes CEOs with many different styles, but all successfully leading their companies to the pinnacles of success. How do we do that for ourselves? Is wanting something enough? Is the intention to be great, to be successful, to be rich enough? Is imagining or visualizing the "there" enough?
I suspect not. First, we must identify where we are. Then we must honestly address what our current state or condition is. And finally, we must develop new approaches to deal with the troubling challenges we face. As Dr. Phil might say, in the popular vernacular, "How’s this working for you?" And if what you’re doing now isn’t working for you, you’ve got to change your pattern, your actions … and not merely wanting the change. You’ve first got to think it through and, then as my coach, Alan Weiss, might say, develop the "Resolve" to change.
Are you in a good employment situation, do you have a good law firm partnership, do you have the kind and number of clients you want? If not, what are you going to do to make the change you want? One approach might be to engage a coach to provide you with meaningful feedback.
Corey Stephenson of Lawyers Weekly USA wrote an article about the Oregon Bar’s position about metadata:
"If a lawyer receives a document and knows or reasonably should know that metadata was inadvertently included, the Oregon Rules of Professional Responsibility only require notice to the sender. The receiving lawyer is not required to return the document unread or to comply with a request by the sender to return the document, according to the opinion.
The Bar went on to say that the 2nd lawyer’s client should be consulted about whether the lawyer should read the document. "…. (G)iven that the decision affects a client’s objectives, lawyers should consult with the client about the risks and rewards of returning the document versus retaining and reading the document prior to making such a decision."
It was my understanding that a misguided "hard copy" needed to be returned, unopened, if the lawyer knew the document was mistakenly sent. It seems we are modifying the rules a bit with technology.
But, there was a more fascinating pronouncement. The opinion went on to say that lawyers may not utilize special software to reveal the metadata in a document. “Searching for metadata using special software when it is apparent that the sender has made reasonable efforts to remove the metadata may … constitute ‘conduct involving dishonesty, fraud, deceit or misrepresentation.’" The comparison was made to surreptitiously entering the other lawyer’s office to obtain client information.
The three main components of being a lawyer are getting work, doing the work, and getting paid for the work. However, many lawyers do not sufficiently understand this all-important third part. Make sure you get the proper compensation for all of your hard work!
Jane’s comments about holiday cards vs email cards is are worth noting. It is a tough time of year for many with cards and gifts decisions to make … But, as my mother used to say, "… if you don’t remember me364 days of the year, forget me on my birthday!" In other words, the one day a year remembrance doesn’t do much, especially for busy people.
Wisconsin is in the news again. A lawyer, who promoted himself as the "king of lemon law," won a judgment for $12,500 against an auto dealership for unauthorized repairs and an award of attorney’s fees of $150,000. The Republican-controlled legislature was so incensed that they adopted a law (and signed by the governor) limiting attorney’s fees at three times the judgment. With such limitations, lawyers will be less likely to tackle consumer abuses, the obvious intent of the legislature.
Wisconsin, the historical bastion of progressive legislation and politicians, has certainly served up a strange mixture of bedfellows in the last couple of years. It makes for interesting reading … unless it’s your ax that is being gored. The real question is whether this is limited to the state of Wisconsin or a harbinger of things to come on the national level.
