Vacation Season's Here At Last!

Oh wait . . are you kidding?!? Not for me! I’m teaching all summer long – our program doesn’t take a summer break! So me, I’ll likely be plugging along at my own office desk through the variably hot, mild or overcast summer weather of beautiful Sonoma County where I live.

Vacation Snorkeling!

But for much of the working western world, it’s that time when employees begin pondering escape from the proverbial rat race for their much anticipated vacations.

Although I’ve always been more of a spring/fall traveler, myself.

An interesting article got tweeted recently which stimulated this train of thought: Should you contact that vacationing employee? The article gives what seems to me to be quite prudent advice to an employer about how to decide when it’s appropriate to interrupt an employee on vacation.

During my many years of law firm employment, I’ve run the gamut on this one. I have indeed been phoned while on vacation. I’ve been phoned at 10 pm. I’ve been called into the office on a Saturday afternoon to fix something that went awry. I didn’t really begrudge these interruptions to my non-work life – in most cases, they were legitimate emergencies.

That said, I have a confession to make. Historically, I have been a bit rebellious on this topic!

Don’t get me wrong. I do not endorse rebellion in law firms. It is generally a poor strategy for maintaining gainful employment. But truth be told, I have not always been docile and compliant when it came to making myself available during non-work hours, including but not limited to vacations.

There was a particular small law firm in my past, with a particular beloved attorney (No, really! I was fond of her! Honest!) who was notorious for . . . how shall we put this . . . neglecting certain boundaries. For example, she was prone to sitting at her desk and hollering my name when she needed something, causing me to stop what I was doing, get up from my desk, and walk into her office to say, “What?” Rather like my mother used to do, and evoking a startlingly similar emotional response.

Now granted, she probably thought it was silly to pick up the phone and call me when I was right next door. And maybe that’s true. I dunno . . you pick your poison.

She was also prone to phoning me (if I wasn't within hollering distance, that is) in “dire emergencies.” Such as not being able to find a piece of paper she suddenly needed.

Which was on her desk.

Which she was standing next to.

Knowing this, I once intentionally failed to leave my contact information when I went on a week-long vacation. (Note: This was before everyone and her brother had a cell phone.) I knew that while she may have had difficulty finding a document on her desk, she would have had no difficulty tracking down my phone number while I was travelling, if it was anywhere in the office. And I knew she would call me when she couldn’t find that piece of paper. Which was on her desk. Which she was standing next to.

And in fact, I learned upon my return that she had indeed asked others in the office for my contact number on that vacation when she couldn’t find something. But they didn’t have my contact information either. Woops! (It was a nice vacation :)

There was another law firm (this time in BigLaw) where, at a certain point due to a massive case I was managing, I was offered a firm Crackberry Blackberry.

And I refused. (GASP!) 

Because I knew what would happen. I knew that notwithstanding all assurances that I truly wouldn’t be expected to be on call 24/7, in reality I would receive countless evening/middle of the night emails, to which I would be expected to reply. Those same attorneys who refrained from phoning me at 10 pm (thanks for that, guys!) would still have emailed me at all hours of the night, and would have stared hopefully, expectantly, at their own Crackberrys, anticipating my inevitable response.

And if I failed to respond, you can bet I would have heard about it.

So I politely declined, and they didn't force me to carry one. (Thanks for that too, guys!) And lo and behold, the world kept turning, and the case was (ultimately) successful anyway.

It may seem by this that I’m advocating a refusal on the part of staff to make themselves available to their attorneys in off-hours times of need, and I’m really not. There are times when things go wrong after hours, or even, heaven forefend, in the middle of a vacation, and the team player is willing to help out.

No, I’m simply advocating establishing some reasonable boundaries to our personal lives, and assisting our bosses in respecting them.

After all, we all need a little vacation now and then!

Calling the IT Department Redux! Or, lessons learned from revisiting the Dark Ages!

Yes folks, it has been a trying week here at Chez Moi, otherwise known as Sonoma Freelance.

And an illuminating one, as I've had a chance to see upclose and unpleasantly personal just how well all my business data backup efforts are working! (The answer is, pretty well, fortunately!)

In the middle of last week, I thought things were going along swimmingly. I was busily working and writing and playing away as usual (picture me skipping through meadows vineyards singing tralala) when all of a sudden I needed to reboot my laptop late in the day . . . .

And it wouldn't reboot.

Or not normally, anyway. I couldn't figure out exactly what was wrong or why, but even with my rather limited amount of Geekness, I realized I had a problem with Windows, or with my registry, or both.

[Mac users, put your hands down! Just stop it. No Gloating!!!

Do I need this????]

By morning the situation was worse, so I gathered up all my recovery disks (you do have recovery disks don't you?) and headed off to the computer repair store.

I was Laptop-less for 3 days. Three. Full. Days.

Interesting to experience just how reliant I am on my laptop not just for working, which is obvious, but for amusement. Entertainment. Use of time. I thought it was tough being without cable when I first cut it loose - that was nothing, I realize, compared to the restlessness, the fidgeting I experienced for three full days/evenings without that computer! What to do with myself????

Well, I cooked. I cleaned. I read! I got so much reading done - I mean books, not just my RSS feed and on-line newspapers! That part was cool, actually.

The short version is,  they backed up my data (onto my own external hard drive), and rebuilt Windows, and popped my backup data into a folder on my desktop, and handed a sortof unrecognizable, straight-from-the-factory laptop back to me. Which is where the real nightmare began, because I had to embark upon the mind-numbingly tedious task of reinstalling all my software, reorganizing all my files, and basically putting things back as they were - and I'm still not done.

However, I gained some insights about what works and what doesn't in this technological aspect of my personal and business life, and that's what I'll share with you here.

• The very good news is that my backup systems work! I didn't loose any important business or personal data! Most crucial files, including music and photos, were of course captured on my hard drive backup. (That not all were is an anomaly I can't explain, since I didn't perform that backup, but I'll take steps to fix that in all future backups.) And since all my work related materials back up constantly in real time to SugarSync, they were all there waiting for me when I re-synched. Yea!
• More good news is that even while my computer systems were down, I was still able to answer emails and remain connected with clients, colleagues, business contacts and friends (and even a few Tweeps!) via my phone - thank god for my trusty Droid!
• The bad news is that re-downloading large software programs took forever, and it seemed that my internet connection selected those two days to be particularly slow. Or perhaps that's just my paranoia at work. Anyway, I took the opportunity to order disks of some of that software so that if, heaven forfend, this ever happens again, I can just re-install from the disks.
• I also realized that I need to better familiarize myself with my external backup system. Restoring from SugarSync was pretty seamless - perhaps because I work with it a lot more, but restoring data from the external drive had a few kinks. Nothing devastating mind you, but just not as streamlined as I'd like, so I want to address that and establish a better protocol, so I'm armed for future tech glitches.

And of course, I'm still not back to normal. I still have software to re-install, and my music library isn't back yet, and files are still in weird places on my hard drive and I need to clean that up. But I'm functional. I did triage, and restored the systems I needed most urgently for my business, my client work and my writing projects. The rest I'll keep chipping away at.

So. How was your week?

Always Be Teaching

Lee Rosen, in his insightful blog Divorce Discourse, had a couple of great posts a while back (here and here) about the importance of cultivating a culture in a law office in which everyone teaches others how to do what they do, and everyone learns what others are doing. Every employee, from partner down to receptionist, should be both teacher and student. This appeals to me on many levels:

First, because it means that everyone understands the value of another’s job, which fosters mutual respect.

Second, because we hone and finetune our own knowledge and expertise as we think about how to share it with others.

Third, because this culture of teaching helps instill shared values about excellent service to clients, teamwork and courtesy.

And finally, it appeals to me because it means that no one is indispensable or irreplaceable, and that is a good thing. When some young staff member goes off to law school, someone else knows the status of her projects and can keep them moving. Perhaps anyone in the office is equipped to help a new client with an info packet, and filling out paperwork. And everyone knows how to make a photocopy in a pinch.

When I worked in BigLaw, I loved to mentor junior staff. I wanted to teach them what I knew about procedure; I wanted to impart knowledge about how to manage a case. I wanted to share best practices on how to approach projects. And I frequently found myself learning from them how to do something more efficiently! This happened in particular when younger, tech savvy staff quickly grasped and then taught me how to streamline a database search, or had new ideas about organization.

And I appreciated the time many lawyers took to mentor me about their philosophy of a case or a motion or a discovery task, and showed me exactly how they wanted something done.

Now as a virtual and freelance paralegal, I am constantly learning from clients their preferred procedures, and their understanding of and goals for their cases. And I sometimes find myself in a position of teaching them about a new technology too.

And while opportunities to share my knowledge with fellow legal support staff don't crop up every day as they did when I worked in a law office, I still relish the chance to teach and to learn from others. Active participation in my local paralegal association is one way to do this. Networking with fellow virtual paralegals and California LDAs is another. Also, I think this is one of the reasons I enjoy preparing my newsletter so much. (Sign up at the right!) I love being the curator of a resource which I hope provides useful tips and resources to colleagues. And getting emails from readers sharing their own tips and resources is an even greater kick.

Wherever we work and whatever our roll, this is an inspiring message: always be learning, but also, always be teaching.

Method to My Madness: Getting More Done

Running my own business requires a different mindset about time management than that which served me as a law firm employee. I have many more tasks requiring my attention, and a different set of priorities. This has necessitated a "re-think" about the organization of my time.

As a paralegal in a law firm, my to-do list flowed from my case deadlines, and assignments from attorneys. After all, most case deadlines are pretty non-negotiable! That motion must get filed by this time on this date, and I must move heaven and earth to make that happen. And when a partner calls wanting something done, the only appropriate response is, “On it!”

Now as a virtual and freelance paralegal, I still have deadlines for case work assigned by my attorney clients. But on top of that, I also have a host of business related tasks I must perform. No matter how much client work I have in the pipeline (and I want to have a lot!), I ignore these other tasks at my peril, because my flow of future client work depends on them.

When I first started this business, I naturally used my old method of a long, daily list of to-dos, largely driven by external deadlines. But when I began adding those business and marketing related projects into this list, two things happened.

First, the list got overwhelmingly long!

But second and perhaps more problematic, because the business related tasks didn’t usually have the hard deadlines that the client projects did, they got shoved to the side. Or they led to a lot of disorganized and confusing “project jumping.” My sense of the priority of these business tasks was so subjective and fear driven, that I found myself switching from one thing to another to the point that little got done.

I needed a better way.

I've posted before about my realization that I need a strategy for prioritizing my to-dos. As my thinking has evolved – or perhaps as my frustration level has become unbearable – I’ve also realized I need a structure. Something to keep the daily list below 25 items. Or even if I'm using the post-it method (which is that your daily list has to fit on a post-it - see here), I need something to prevent those items that never make it onto the post-it from completely falling through the cracks.

So now I’m trying the “days of the week” method. In other words, categories of projects are assigned to different days of the week.

Now, some tasks need to be done every day. Like client work – I do whatever it takes to get it done, get it done well, and get it done on time. Also exercise – I really try to do this every day. Also Twitter, reading and commenting on blogs, and other social media activities – I spend time on them most days, although not the same amount of time each day. (Why waste time on this? See here and here.)

Another item I can’t assign a day to is in-person networking events. I see big benefits from these for my business, so I attend them whenever they occur and schedule everything else around them.

But the bigger biz-related projects? I’ve assigned them days. For example, I reserve the same day each week for working on my Newsletter. (Not a subscriber? See the sidebar!) I reserve a different day each week for article writing. And yet another day for my website. Etc.

What’s helpful about this is it thwarts my temptation to switch projects every time I get an idea. Say I get an incredibly great idea about organizing an article I’m writing. Typically I would start worrying about the article, and maybe I would even stop what I’m doing to work on it. But this way, I jot the idea down, tell myself I’ll flesh it out on my article writing day, and then continue what I was doing. Or suppose I get a sudden surge of panic that my newsletter isn't ready and it has to go out next week - OMG! I tell myself to relax, that I’ll finish it on my upcoming newsletter day. And I go on with what I’m doing.

Another benefit is that I can actually assure I will get to my accounting, and other administrative stuff! After all, I’ve reserved Mondays for that! It makes it much harder to come up with a convenient excuse to avoid working on that stuff I don't enjoy but need to to!

This method is working for me at the moment, and I find I’m managing to move more projects forward. How about you – what do you do about managing your to-do list?

Virtual Paralegals in Litigation Part 4: Trust!

Can a virtual paralegal benefit a solo or small office litigation practice? Absolutely! The purpose of this series is to discuss those benefits, and answer some of the questions litigators have about working with a virtual or remote working paralegal.

In recent posts I discussed a way to think about the title "virtual paralegal," the readily available technologies virtual paralegals use, and issues related to security and confidentiality.

Today we discuss another area to investigate when contemplating working with a virtual paralegal:

Trust. In all work relationships, trust takes time to build and develop. When attorneys hire permanent staff, they do their best to assure the new employee will be an asset to the team, and then take the time to get to know the employee's work first hand.

Of course, when a full time or contract paralegal works in house, the attorney can obverve his or her work ethic and output. But how does an attorney monitor a remote working paralegal?

First of all, every attorney contemplating hiring a paralegal, whether full time, contractor or remote working, inquires into the paralegal’s training, background, work history and references. In my home state of California, an attorney will also want to verify that the paralegal has met the training and continuing education standards required by Bus. & Prof. Code §6450.

As we discussed last time, all paralegals are bound by the same rules of professional conduct regarding client confidentiality that attorneys are. A qualified virtual paralegal selling services to attorneys knows this, and wants to protect the confidentiality of an attorney’s clients. Moreover, the virtual paralegal’s Contractor Agreement will no doubt address this issue.

In addition, a competent virtual paralegal will have enough work experience to provide a reasonably accurate estimate of the amount of time a given project will take. She or he will provide regular progress updates, and immediately advise an attorney client of the reasons for any delays or revisions to that estimate. A remote working paralegal’s business will suffer if she proves herself unable to perform the requested work in the allotted time frame.

Attorneys and firms will want to vet any virtual paralegal they are considering hiring. Perhaps they will even want to spend time developing a professional relationship prior to hire, or assign small jobs to see how the paralegal performs before entrusting her with major projects.

As with all other aspects of the working relationship, clear and frequent communication is the key to developing trust when working with a virtual paralegal. When each party communicates clearly about his or her expectations, the project instructions, and the progress being made, everyone wins.

And finally we come to the last question to consider in hiring remote working paralegals: Delegating suitable tasks. Tune back in next time in for Part 5.

Virtual Paralegals in Litigation Part 3: Confidentially Speaking

Can a virtual paralegal benefit a solo or small office litigation practice? Absolutely! The purpose of this series is to discuss those benefits, and answer some of the questions litigators have about working with a virtual or remote working paralegal.

In recent posts I discussed a way to think about the title "virtual paralegal," and the common, readily available technologies used in working with a virtual paralegal.

Today we discuss another area to investigate when contemplating working with a virtual paralegal:

Security and confidentiality. All attorneys have a legal and ethical responsibility to ensure the security of all their clients’ confidential documents, as well as their own work product. They have a duty to strictly maintain the privileged nature of all their communications with their clients. Naturally, they are reasonably concerned that their staff – whether employees or contractors – treat all documents and communications with the same diligent care.

These concerns lead attorneys to be careful about how and with whom files and documents are shared. While attorneys, and perhaps even staff, work from home, they do so with these security and confidentiality needs in mind. Although documents are routinely exchanged with clients, experts, witnesses and co-counsel via hard copy, email, fax and other means, lawyers assure themselves that this information will be handled with appropriate confidentiality. These same concerns apply to exchange of documents and information with a virtual paralegal too.

It is incumbent upon the virtual paralegal to provide reliable evidence that she or he can maintain strict security of all paper and digital files. Any lawyer contemplating hiring a remote working paralegal will want to inquire into her business practices.

• How does the paralegal secure and store paper and electronic files? 
• How long are paper or digital copies retained, if at all? 
• What computer back-up systems are used to ensure that files are not deleted or otherwise lost? 
• What security measures are taken with computer files, on-line storage, and back-up files to prevent disclosure? 
• Does the paralegal's system have a firewall and secured WiFi? 
• Are the cloud or internet based software the paralegal uses encrypted?

Paralegals, whether employee or contractor, share with attorneys an ethical duty of confidentiality. The ABA Model Rules of Professional Conduct, state rules modeled thereon, and guidelines for paralegals adopted by state bar associations, state courts and paralegal professional organizations, all require paralegals to guard the confidentiality of all client information. This duty of confidentiality applies as firmly to paralegals working remotely as it does to a law firm's own staff.

Moreover, these issues should be addressed in the contractor agreement executed between the attorney and paralegal before any work is performed. The agreement should at a minimum state that the paralegal will not disclose, by any means, information regarding the attorney’s business processes, clients, or client information.  The agreement should also discuss the virtual paralegal’s business practices regarding document retention and security.

So you see, with a firm understanding of a virtual paralegal's business practices, and a contract in place, a litigator can have confidence in using the services of a virtual paralegal.

However, this leads to the another question to consider in hiring a remote working paralegal: Trust. Tune in next time for Part 4.

5 Reasons Law Firms Hire Virtual Paralegals

I read an article today on Software (tweeted by @donnaseyle) called Business | 5 Reasons Law Firms Hire Virtual Legal Receptionists, by Ben Anton, which was a dead-on description of why virtual receptionists are so beneficial. It prompted these thoughts of my own.

Here is my assessment of why law firms – and solo practitioners – benefit from hiring virtual paralegals.

Time is at a premium in any business, but this seems particularly true in the small or solo law office. While there may be the same amount of work as in a larger office, there are fewer hands to do it. Moreover, particularly in this economy very small offices are not in a position to add to their payroll by hiring a full time paralegal to help them bear the load.

So using Anton’s article as a springboard, here are five benefits lawyers and small firms can receive from hiring a virtual paralegal:

1. “Increased happiness and job satisfaction.” Successful law practice involves a wide spectrum of tasks – from very substantive legal research and analysis, to drafting legal documents, to managing and organizing client and production materials and communicating with clients. Hiring a paralegal to assist with document management and simple drafting tasks, for example, can free a busy attorney up to perform the substantive research, briefing, and client communications most suited to his or her training and expertise. This makes everyone happier.

2. “Increased efficiency.” Virtual paralegal services can make a lawyer more efficient. The ability to delegate tasks to his or her paralegal, be it suitable procedural research, drafting of simple pleadings, or assisting with discovery or trial preparation, enables a lawyer to handle a larger client case load and still assure competent representation of each client.

3. “Lower labor costs.” Hiring a virtual paralegal can be much more cost efficient than hiring a full-time, in-house paralegal. A virtual paralegal is only paid for time actually worked. No more paying for down time or overtime. In addition, the small office saves the benefit costs associated with employees. And finally, there are no costs for work space, supplies or equipment.

4. “A better office environment.” When lawyers, and any staff they do have, are freed to perform those tasks they are best at, while a virtual paralegal takes care of all suitable paralegal tasks, the work load is eased for everyone. Moreover, we all know that deadlines loom at times and create mountains of work that must be gotten through, regardless of the limited number of hands on deck or hours in the day. A virtual paralegal can help shoulder the extra work load during those crunch times.

5. With a virtual paralegal, lawyers have an added tool at their disposal for assuring that each task in each of their cases is being handled, and nothing is falling through the cracks. This enables lawyers to assure that each of their clients receives the attention and excellent legal services he or she deserves. It enables lawyers to be as responsive as possible to all their clients, which provides a competitive advantage in today’s competitive market.

Many benefits are to be gained by solo practitioners and small law firms by employing a virtual paralegal to assist with the work load, including improving case management, creating more efficiency, and of course, saving costs. This does indeed make for happier lawyers and ultimately, happier clients!

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.

Face Time, or, Working That Room!

Networking events were not part of my life when I was employed in Big Law – or at least I didn’t perceive what I was doing to be “networking.”  I rubbed shoulders with other paralegals and legal support professionals at MCLEs and other seminars, and of course met people in other industries at MeetUps and other gatherings.  I made friends where I could, noted interesting information I came across, but didn’t consider such events essential for my livelihood.
 

Now that I’m a business owner, events where I can meet fellow entrepreneurs and other legal professionals have become hugely important.  I seek out such gatherings wherever I can, and I make it a priority to show up.  Of course my direct mail, email and internet marketing are all worthwhile, but there’s something irreplaceable about meeting someone face to face.  I remember the people I meet, and what I’ve learned about what they do and what they need.  And I hope they remember me!
 

I attend county Bar Association events, paralegal association meetings, e-discovery seminars, as well as local business networking events whenever I can.  I still try to make friends.  I still note interesting information I come across.  If I meet someone who could benefit from my contract paralegal services someday, of course I make a special effort to learn about her firm and practice.  However, I find that people in other industries are great connections to make as well.  I never know when I might have a need for the expertise of someone I meet outside the legal profession, or whether I will meet someone I can refer to them.

Last week I attended an event hosted by the Napa Chamber of Commerce at the beautiful Artesa Winery.  It was a gorgeous setting and a beautiful mild summer evening.  I met interesting people in the wine industry, video and internet marketing fields, direct mail and network marketing areas, and yes, the legal industry too.  The wines and the food items from local restaurants were excellent, and it all made for a lovely and beneficial evening.
 

Yes, I still experience some initial reticence to striking up conversations with strangers, but once I get going I do love to chat with people I meet, learn about how they’re operating their businesses, and compare notes on marketing strategies and the economy, etc.  I try to focus on making friends rather than doing a hard-sell about my services, and I try to follow up with emails to everyone I meet that I want to stay in touch with.
 

Will I get business directly from such networking events?  I certainly hope so, but it isn’t solely about that.  Rather, it’s about making connections in my local community, establishing friendships with people I can help and who can perhaps help me one day.  It’s about Whuffie.
 

For another take on networking events, I highly recommend these:  Chere Estrin’s wonderful post, You Call This Networking?? – boy, can I relate to this anxiety!  Also, an inspiring post from Women Grow Business called,  Want to Grow Your Business? Get Out Of Your Comfort Zone. 
 

So what about you – do you network?  Feel free to share your stories in the comments!

Some of the Things I Need to Know I Didn’t Learn in Kindergarten

Whatever our chosen profession, we’re always learning.  I’ve tried to learn most of my paralegal skills through formal education, observing others more experienced than myself, being mentored, etc.  However, I’ve got to admit that some of my greatest lessons I learned from my mistakes!
 
Early in my career, I was a paralegal in some small law firms, where I was mentored by some very skilled attorneys, and had the chance to do some fairly substantive work.  But as I say, I was inexperienced, and mistakes were made.  By me, that is.  Now I look back on that time fondly because it was formative and my mistakes made me a much better paralegal.
 
One of my attorneys frequently tasked me with writing letters and drafting discovery requests for her, and she was irritated when I gave her drafts containing typographical errors.  It only took a few occasions of being thus taken to task before I learned to proofread everything I wrote.  Again.  And again.  And even backwards.  And I’m grateful to her, because there is really no excuse for giving a supervisor a draft containing typos.  Why shouldn’t my work be as flawless as it can be?  Why should I ever strive for anything less? 
 
There was a day when one of my attorneys phoned me from a deposition quite concerned because he had no court reporter, and it turned out this was because I had failed to schedule one.  Yikes!  I immediately phoned our favorite court reporter who, in a great stroke of luck, happened to be available.  She got to the deposition in record time and saved the day, while I learned a big lesson about keeping deposition checklists to assure everything was scheduled in advance and every detail was in order.

I worked with another attorney whose biggest peeve was people making excuses.  He could forgive any mistake (my failure to reschedule an expert's trial testimony comes to mind!) if one would only own up to it.  So when something went wrong, I learned to make a beeline to his office to talk it over with him, ready with a proposal for fixing it and ready to take my lumps and do whatever had to be done.  He may have been disappointed at the error, but he respected my frankness, and this habit of taking responsibility for my mistakes has served me well ever since.
 
There was another occasion early in my career when I was put in charge of a large filing with a lot of evidence, much of which had to be filed under seal.  I delegated the project of preparing declaration exhibits to a junior clerk.  This was the right thing to do, because she was bright and hardworking, and I couldn’t get everything done myself.  But my mistake was in blithely handling my part of the filing without adequately supervising her portion of the project.  When I checked in on her and her crew mid-afternoon and found they were far behind schedule, I realized we were in danger of missing the filing deadline.  PANIC! 

I rushed to my supervising attorney, described the problem, and we devised a Plan B and made our deadline, but I’ve never forgotten this lesson.  It is a good idea to delegate tasks, but I cannot delegate supervision.  I need to see the big picture, stay on top of all the moving parts, check in on my team, make sure everything is on schedule and if it’s not, readjust immediately.  Often this means doing less of the work myself, in order to supervise the work others are doing more effectively.  The experience made me a much better manager of staff and projects, which is an important skill for a paralegal to have.
 
Got your own stories of lessons learned?  Feel free to share them in the comments!

Apologies to lovers of Robert Fulghum's All I Really Need to Know I Learned in Kindergarten, with a note to say many things I did learn in kindergarten still serve me quite well too.

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!