Of Matriculation and Minefields

Well, there was a little flap in the legal twitterverse and blogosphere last week with what was widely perceived to be a quite ill-informed attack on paralegals over at ATL. A number of my colleagues have responded to this admirably in their own blogs here, here and here, as well as in a large number of comments to the post, and I don’t want to rehash what’s already been very well said.

In fact, I hesitated to weigh in at all, as the post has probably already gotten more traffic than it deserves, except now that I'm teaching in one of the very degree programs the post is ridiculing, I guess I took the whole thing a little personally.

So . . . . I want to comment on two aspects of “paralegaldom”: education and appreciation.

The slender excuse for the slam on paralegals was an alleged question to ATL about the utility of an A.A. degree in Paralegal Studies. (I say alleged because who really seeks career advice from the notoriously snarky ATL? I've always assumed these “Pls hndle Thx” queries were made up – which if true, actually makes the meanness toward paralegals that much more gratuitous.)

So how about it? Exactly what kind of education does one need to be a good paralegal? All sorts of education plus a healthy dose of life experience might fit the bill, in my view.

Granted, there are some law firms and corporate legal departments that would not consider hiring a paralegal candidate who lacked a 4 year college degree.

However, that hiring stringency is by no means universal. There are lots of law firms out there who care more about law firm experience than educational credentials, and are hiring (when they hire, anyway . . . whole 'nother issue, that) candidates with Associate of Arts (i.e., A.A.) degrees, or even no post high school degrees at all.

In fact, I even see the occasional paralegal job posting insisting on a paralegal certificate (i.e., that same maligned A.A. degree) which suggests that my B.A. plus over 20 years' paralegal experience wouldn't be enough for them.

Which is just weird.

The point is, law firms evaluate their staffing needs, their clients and their firm culture, and make decisions about what sort of training they're looking for in their paralegal candidates.

In fact, in my state of California, the only state so far to legislate mandatory educational standards for paralegal*, an A.A. degree in an accredited paralegal program satisfies the statute’s requirements. As an instructor in an A.A. paralegal program, I can attest that when my students graduate, they will certainly know more about the legal system and the job skills needed by paralegals than I did when I entered the field and started my on-the-job training.

Don’t get me wrong. I have a BA myself (plus a few years of grad school to boot – I just couldn’t let go of being a student for a while.) I loved my field of study, and I believe my college education taught me how to research, how to write, and how to think critically – all necessary skills for a good litigation paralegal. But does anybody really think that my philosophy and literature courses actually directly prepared me for work as a paralegal?

I'm also in huge favor of paralegals gaining all the training and continuing legal education they can pack in, and taking advantage of the superb professional development and certification resources available to them.

That said, it seems there is this elitist view that a Bachelor’s Degree is inherently superior to any type of vocational training, and my question is, superior for what? This ridiculing of paralegal degree students - exactly as if a person actually desiring to pursue a course of study that would prepare her to . . . wait for it . . . be a paralegal is a thing worthy of scorn - makes me tired!

Can we all get along?

And finally, because I did say I would also comment on appreciation, I’d like to add that there are a lot of lawyers and law firms out there who appreciate paralegals and the value we bring to their practices and their clients. People who don’t view us as being at the low end of the law firm pecking order. People who appreciate the fact that we know Minesweeper is just about the lamest game on the planet.

(Oh wait . . . sorry to all you Minesweeper fans out there . . .)

So hats off to the lawyers who appreciate us, and let’s quit giving time, attention and precious RSS feed real estate to those who don’t!

* See Business & Professions Code §6450(c). In addition, the New Mexico Supreme Court, in its Rules Governing Paralegal Services, sets mandatory educational standards for paralegals. (Rule 20-115 NMRA.)

Terror and Exhilaration!

No folks, it’s not a roller coaster ride.

Did you know (well, how could you know?) that I used to beg my father to take me on roller coasters when I was very young? I loved 'em; I couldn't get enough of those nail-biting, scream-enducing amusement park rides!  But I digress.

No, the terror doesn't come from the standing up in front of a class of 12 and talking about Discovery. Perhaps that would frighten some, but for me that’s a piece of cake. In fact, it’s really fun. In fact, it’s the exhilarating part! It’s a huge rush, talking through my lesson, seeing comprehension on faces (or occasionally lack thereof), eliciting discussion, telling stories from my paralegal career and hearing the occasional chuckle.

The terror comes from my perfectionist nature. What if some student doesn’t do well? What if they appear to be tracking in class, but when it’s time to grade the assignments, it turns out they really aren't? What if they don’t like me? What if I’m not doing it right?

You know. Normal neurosis.

So I proceed through my week like this. I panic about how I’m going to fill up two hours in the next class. I go through the course curriculum and decide what material it makes sense to cover. I review the next class homework assignment to determine what I need to teach in order to prepare my students to succeed on it. And these decisions make me feel a bit better.

And then I talk through my lesson plan a time or two so I can create some memory of it. And then I feel a bit better still.

And then I show up in class, and work through my lesson, and answer questions, and ask questions, and finish the two hours. And it seems like it went well, and I feel great! On top of the world!

And then I start to worry about how they’ll do on the assignment, and about what I should have covered more thoroughly, and about how I’m going to pace out the rest of the sessions in the course, and about how the students will do on the final (you see, I do a lot of worrying about my students).

Until I’m panicked again.

So come to think of it, I guess it’s a bit like a roller coaster after all!

P.S. What in the world am I talking about, you ask? I’m teaching an evening Discovery course in the Paralegal Degree program at Empire College. About which I'm incredibly pleased, excited and proud! Albeit a bit terrified . . .

What's the Best Learning Environment for a Paralegal?

Question: What’s the best learning work environment for a litigation paralegal?

Answer: Any work environment can be an excellent learning experience – a paralegal just might learn different things in different settings.

Tiny firm. In my experience, this is the place that affords a paralegal the chance to perform the most substantive tasks. This happens because there are fewer hands to do the work, but that rarely translates into less work to do. So a paralegal might get a lot of experience drafting all manner of documents, interacting  with clients, and becoming a veritable jack-of-all-trades.

I cut my teeth in a pretty small law firm with 4 attorneys and about 8 staff. I drafted and answered discovery. I collected and reviewed documents. I created a calendaring system. I helped prepare for trial. Heck, I even assembled my own office furniture! It was a great opportunity to gain experience in every aspect of litigation.

Even the furniture assembly experience was not wasted!

Medium Firm. In medium firm settings, there may be fewer document drafting or client hand-holding opportunities, but there are greater resources and there are more hands to help.

I spent some years in a mid-sized firm of (if memory serves) about 65 lawyers in 3 offices. It was small enough to know everyone and to have a lot of firm-wide parties, but large enough to have more resources, such as an excellent library and librarian, daily court messenger runs, and training classes. I did a bit less document drafting and had a bit less contact with clients, and there was no furniture assembly. But I still did a lot of factual investigation, and document collection and review. And of course, lots of trial prep.

BigLaw. Then came my 10 years in BigLaw. In my experience, large law firms utilize paralegals differently than small firms do. They have armies of associates, which can mean that paralegals’ tasks are less substantive. I rarely drafted discovery responses for example, and had even less contact with clients.  With a couple of notable exceptions, I did less factual investigation too.

Oh, and no furniture assembly.

On the other hand, the cases were larger, there were many more documents involved (we’re talking millions of documents in some cases), and bigger attorney and paralegal teams. This required much greater management skills. As lead paralegal on my cases, I had to be the liaison between the attorneys and staff, to assign staff projects, and to supervise maintenance of a huge file and copious amounts of evidence. And there was still a great deal of trial prep.

Trial prep seems to be a given regardless of firm size.

Freelancing. Of course, now that I’m the self-employed owner of my own Virtual/Contract Paralegal biz, my duties have changed yet again. My litigation related tasks are extremely varied – from administrative duties such as invoicing, to hands-on tasks such as trips to the law and public libraries, to legal research, to drafting research memos, motions, declarations, etc., to discovery tasks such as document productions.

I find that I have a bit less in-depth knowledge of my clients’ cases, because I’m more likely to work on isolated projects than to run cases from start to finish. I have little or no direct contact with my clients’ clients.
And then there are all the other tasks related to running my biz, such as accounting, purchasing, IT, and marketing, marketing and more marketing. Even at my smallest law office, I wasn’t doing much of those tasks.

Oh, and I’m back to assembling my own office furniture. So it seems I have come full circle at last!

Driven: Part 1, Or, Embracing My Inner Nerd

Do you know what one of my amazing nephews bought me for Christmas? Daniel H. Pink’s mind-blowing book, Drive: The Surprising Truth About What Motivates Us. (The other amazing nephew bought me another wonderful book, but that’s fodder for a different future post.) I didn’t read it right way, and now that I’ve started I find it hard to put down, and it’s causing my synapses to fire overtime.

So this is the start of a little series of posts recording my reflections as I read this book, because I believe it has such important implications for the path I’ve been on throughout my career, the reasons behind some of the choices I’ve made, my current virtual paralegal business venture, and on the nature of entrepreneurship itself – which as you know I think about quite a bit here on this blog.

As one might guess from the title, the purpose of the book is to discuss human motivation, how the theories of motivation and the tactics used to motivate in the business world have changed over time, with implications for employers, employees, and just about everyone else. 

Pink postulates two general categories of people as defined by what drives them: extrinsic motivation, which he calls Type X, and intrinsic motivation, which he calls Type I. So assuming the same baseline standard of living, a Type X person is more motivated toward achievement by outer rewards such as money or honors or recognition or perks, while a Type I person is more motivated to achieve by something more internal, “the freedom, challenge, and purpose of the undertaking itself.” (at 78.) And lots of implications arise from these two different motivations.

Well, the first explosion that went off in my head that I want to talk about is this:

I now realize that I have pretty much always been a Type I person.

When I was a young kid, I was content to read for hours. All that reading didn’t gain me popularity, influence or lots of friends (I think mostly it gained me a rep as a weirdo), but it was satisfying to me. 

There was a period during high school, when I would spend hours studying and researching stuff. Stuff that hadn’t been assigned by teachers. And that didn’t have any purpose in particular except that I was curious, and driven to figure it all out. 

(“GEEZE what a colossal nerd!!”  Well yeah, pretty much I was. Am. Whatever. My brother playfully refers to this trait of mine as OCD (is it playful??) and I take exception to this, but this longstanding little joke between my brother and me is a whole ‘nother story, so I’ll just move on.)

My first “real” job after college was for a non-profit organization at which I worked long hours, and had very little money. I did it because at the time, I cared about the work and the cause, and believed we were helping. I found the group effort very satisfying.

Later, my career path took a more conventional turn (such as law firms), but I still never did the angling some of my colleagues did to command the highest salary out there. As long as I felt valued by my supervisors and co-workers, and believed I could take pride in doing work of excellent quality, I tended to stick around, with or without hefty pay raises.

And I begin to see how this fact – the fact that I am so strongly motivated by the satisfaction of performing well, of making my own decisions and of providing work of value – has led me here. To start my own business. To continue the struggle to build a client base in a bad economy. To create a lot of informational and educational materials for which I’m not compensated financially – at least not at the moment (although there are certainly lots of other – well, intrinsic compensations).

It’s fascinating. My head is spinning. I hadn’t looked at myself and my career trajectory in quite this way before.

What about you? How do you think you’re motivated?

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.

Guest Post: 6 Ways Reading Paralegal Blogs Can Make You a Better Paralegal

Paralegals work in an environment that is constantly changing and knowledge about technology innovations, new areas of opportunity, recent cases, and paralegal industry news can help paralegals stay ahead. Blogs written by experienced paralegals can be an excellent source of useful information that can help you be more effective at your job. Here are a few reasons why reading paralegal blogs can improve your paralegal career.

Learn what is going on inside other law firms

Whether you’re looking for your first gig, a new opportunity, or career development, reading a variety of paralegal blogs can give you an inside scoop on what is going on at law firms. You can learn what skills are in high demand at law firms or what trends are changing the environment or the role of paralegals.

Stay informed with changes in the industry

The latest cases, innovative ways to use technology, or industry news are often covered by the top paralegal blogs.

Learn career enhancing tips

Paralegal blogs can share useful tips on how to become more effective and more productive. For example Practical Paralegalism has the Top 10 Tips for Brand New Paralegals.

Learn from the experiences of other paralegals

Nobody can know the ins and outs of every situation, so what could be better than to become familiar with the many experiences of many different legal professionals? Some paralegal blogs also feature interviews of experienced and successful paralegals. You can find some great paralegal interviews at The Paralegal Mentor.

Get the insights you need to move up the ladder

The ability to show deep knowledge about the inner workings of the industry will put you  ahead of others when it comes time for a promotion or a move to a bigger and better law firm.

Expand your professional network

Paralegal blogs will expand your network of professionals who you can turn to for free consultation and career advice. You can often connect with paralegal bloggers on Twitter or LinkedIn.

This article is a guest post by Charles Sipe from Criminal Justice Degree Schools, a site providing information on paralegal degrees and schools. 

Charles offers some great reasons to read paralegal blogs! I was also interested to learn that Charles lives in Seattle, where I spent ten happy years, and I've enjoyed "chatting" with him via email as we prepared this guest post!