Newsletter Launch! Or, Where Have I Been?

It is true that I haven’t posted here for a while.  A bit of a noticeable absence.  A long pause.  So what’s up with that?  What have I been doing?
 

Lately I have been preoccupied with planning a new resource that I’m actually quite excited about!  It is the launch of my Drescher ProParalegal Newsletter for paralegals, legal secretaries and other legal support staff!  (Attorneys welcome too, of course!)
 

A newsletter is something I’ve been thinking about for some time.  The more I've thought about it, the more I like the idea.  I believe I have useful and practical knowledge to share, and a perspective on law firm life that comes from my varied employment background, all of which I enjoy writing about.  This blog has never felt like the perfect medium for that kind of writing. 
 

Even more important, what I’ve missed the most about my law firm employment has been the many wonderful opportunities I had to train, to exchange knowledge with peers, and to mentor junior staff.  I’m hoping my newsletter will provide an avenue for doing so once more.
 

My newsletter will be a culmination of the reading, research and on-line participation I've been doing since I started my freelance business.  It will include practice tips and resources for my fellow legal staffers.  It will include lots of links to articles that interest me - articles that are thought provoking, or inspiring, or just plain laugh-out-loud-funny.  It will report on what I'm up to, where my various business, educational or networking events are taking me, and what I'm learning from them.  I also plan to to share fun tidbits about my other passions for cooking, entertaining, wine and food.  I believe it will be both relevant and entertaining for my colleagues in the legal profession.  What a blast!

 

But isn’t the competition steep?  After all, there are a lot of fine newsletters already out there – I know, because I subscribe to a number of them, and will continue to do so!  Well, I don’t think it’s about competition.  I believe all the many legal newsletter writers out there have their own niche to fill.  I believe there is plenty of room for us all!  In fact, readers will probably see links to some of these writers’ articles included in my own newsletter!
 

In short, this newsletter is something I’m quite excited about, and am having a lot of fun doing.  And it is my sincere hope that it will be valuable for my readers too! 
 

Perhaps it will even be valuable for you!  The first edition will be available next week!  Why don’t you sign up to receive it?  Just click the link here, and follow the usual instructions, OR use the sign-up form to the right in my blog sidebar!  And then go on and share it with your friends!  Email me with your comments and ideas! 
 

And if you don’t see me posting quite as much here on the blog in the weeks ahead, you can be sure you will see my tips, resources and insights in the newsletter in weeks to come.  Cheers!
 

Here are the usual, but very true, disclaimers:  All newsletter content will be public (i.e., nothing confidential, nothing related to any specific law firm or client), and included for information or entertainment purposes only.  I am not an attorney, and no newsletter content will constitute (or probably even remotely resemble!) legal advice or recommendations on any legal matters.  And probably most important of all, your email address will never be shared, rented or sold, and you can unsubscribe at any time.  (But of course, I hope you don’t! :P)

Those Pesky Little Rules!

When I began my career, very few (if any) states regulated the paralegal profession, and I remember the topic being somewhat controversial.  Now, over 20 years later, a growing number of states, including California, have some form of regulation for paralegals, and many view regulation as a beneficial thing for the profession.  (For a very useful overview, see Getting legal with paralegals: A look at state regulations (Durgin, Catherine R. 2007. Business Law Today 16 (3)).  In addition, last week’s The Paralegal Voice informative podcast addressed the issue of regulation, among other topics.) 
 

When I worked in Big Law, I didn’t have to think much about the state legal requirements for paralegals, because my employers did it for me.  My qualifications as regards education and experience were easy to verify. And the firms I worked for provided ample in-house MCLE seminars (mandatory continuing legal education, for those of you not in the industry), and encouraged us all to attend them.  Some firms kept track of my MCLE credits for me so that I didn’t even have to do the arithmetic - how sweet is that!  As a result, I rarely gave it a thought.
 

Now that I am self-employed as a contract paralegal for multiple attorneys and law firms, the weight of this responsibility falls on me a bit more heavily.  There is no one overseeing this for me; I’ve got to stay on top of it myself! 
 

Why is it so important?  I mean after all, nobody is really checking!  Well, my failure to keep my requirements up to date could have a very negative impact on my clients. 
 

This subject was highlighted in a recent MCLE I attended, co-sponsored by the Sonoma County Bar Association and the Redwood Empire Association of Paralegals, called “Paralegals 101.”  Among many other helpful reminders was a discussion of several recent California cases in which paralegal fees were either reduced or stricken altogether from fee recovery awards because the moving party failed to show that the paralegals whose fees were being sought were qualified under the relevant statute.  Obviously this means that if any client of mine hopes to recovery my fees some day, it is incumbent on me to make sure I have the required proof that I meet the education and law-related experience requirements, and that my MCLE credits are up to date.
 

In my experience, most attorneys don’t give much thought to whether their paralegals – be they employee or contractor – meet the requirements of Bus. & Prof. Code §6450.  But if one of my clients got her motion to recovery my fees denied because I was lacking in some respect, you had better believe that client would care then!

 

California Business & Professions Code §6450 et seq. defines the qualifications and requirements for anyone holding the title of paralegal or legal assistant, including education and/or experience qualifications, and mandatory continuing legal education requirements.  It prohibits a paralegal from providing legal advice, representing clients in court, or contracting with or being employed by anyone other than an attorney while performing legal services.