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Thursday, May 13, 2010

Honesty Is The Best Policy (Or, Ben Franklin Had It Goin' On . . .)

I believe that ethics, and in particular what’s referred to as a “work ethic,” is a combination of personal values and smart business best practices.  A happy marriage of altruism and healthy self-interest, if you will.  The values part is comprised of stuff instilled in most of us as children by parents, teachers, community leaders, etc.  Values such as telling the truth.  Having integrity.  Refusing to cheat, or even to give the appearance of cheating.   Keeping confidences (particularly important in the context of the legal industry!).  Keeping promises.  Doing our best work.  Being careful, being thorough. 

Now that I’m a business owner, I find that the best practices part, interestingly, is comprised of much of the same stuff.  It’s good business to be honest, because it’s imperative that my clients trust me, and honesty builds trust.  It’s good business not to cheat on things like billing and time records because this too builds trust.  It’s good business to do the very best and most thorough work I’m capable of, because this builds my reputation as an exemplary service provider.  It’s good business to be efficient, to work thoroughly yet quickly.  To always meet deadlines, always perform what I promise I will perform.  To have my clients’ best interests at heart.  All of these things engender trust, and enhance my reputation as a business owner.

Even if I hadn’t had these values drummed into me as a youth – and I did! – it would be in my best interest, and the best interest of my business, to adopt them.

I suppose that as a service provider, I could be tempted to hoodwink a client into hiring me by advertising skills I don’t have, or to try to hide my mistakes instead of owning up to and fixing them, or to bilk as much money as possible out of any given client or project.  I have certainly witnessed all of these behaviors during the course of my working life.  However, not only would these tactics be unethical, they would also be very short-sighted.  The goal is to build a steady client base of repeat customers, clients who are so ecstatic about my work that they not only keep hiring me, but practically trip over themselves in their haste to refer others to me.  The only way to achieve that kind of loyalty is to provide outstanding value – the very best work product in the most efficient time frame possible.

So in light of all that, here are some of business policies I follow in my contract paralegal business:

•    Discuss with my attorney client deadlines for each task, and for the project as a whole.
•    Provide my attorney client with regular written updates on the status of my assigned tasks, on hours billed to date, and a realistic estimate of hours needed to complete all projects.
•    Obtain approval from my attorney client prior to embarking on any new projects or any tasks not previously discussed, and before incurring any costs.
•    Perform all assigned tasks on schedule, and within estimate (which means I had better provide an honest, accurate time estimate!).
•    Bill my attorney client only for time actually spent working on his or her tasks  (i.e., not for lunch breaks, stretch breaks, computer problems, etc.).
•    Proofread everything I write, whether it’s a document to be filed with the court, a memorandum, an invoice, or a simple email.  After that, proofread it again!
•    Maintain a professional demeanor at all times, in all my dealings with my attorney client, his/her staff or clients, the Court, or vendors, whether in writing, in person, or on the phone.
•    Take all steps necessary to protect the confidentiality of my attorney client, and of his or her clients:  secure data stored on my computer and in my back-up system; refrain from discussing any client information with any person except my client or his/her staff.
•    Finally, when I get calls from non-attorneys (and I do!), refer them elsewhere, because I am not authorized to practice law!

Note:  This post doesn’t directly address the specific ethical obligations imposed upon paralegals by state and federal regulations or bar association standards.  There are some great blog posts on these issues out there, however.  Check out Vicki Voisin’s Ethics Tip: Think Before You Send!, or the excellent How Do I Remain Ethical? guest post by Ellen Lockwood on Practical Paralegalism, or The Empowered Paralegal’s thought provoking post discussing attorney supervision, just to list a small sampling.

Do you have ethical best practices to add?  Feel free to share them in the comments!

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