Downsizing

I have downsized.

Oh, I don’t mean my paycheck, although for the time being while I’m getting my business going, that’s true too. (Just you wait . . . I’ll be back making the medium bucks again any time now!)

No, I mean I’ve downsized in terms of the size of the offices I work with, and the size of the cases I work on. It’s still a novelty!

In BigLaw in recent years, I tended to work on mega-cases. There were armies of attorneys to respond to, scads of money at stake, and boatloads of documents to manage, and filings and deadlines to track. There were always ten plates spinning at once.

Which isn’t to say I don’t have ten plates spinning at once now – often I do. But they’re my plates, not the plates spun off by the decisions of others, which I must nonetheless keep in the air somehow.

No, the offices I work with now as a virtual paralegal tend to be small. I work with solo practitioners, for the most part. They may or may not have on-site staff, and they may or may not have permanent office space.

Because my clients have smaller offices themselves, they tend to handle matters that are somewhat less document intensive than those I've handled in the past. They tend to use different technology than that which I had become accustomed to in recent years. I work more with PDF document compilations, and less with Concordance databases, for example. I prepare document productions in the hundreds (or maybe low thousands) of pages, rather than in the tens of thousands.

But these are minor differences - differences of detail rather than substance.

In fact, now more than ever I am often called upon to figure out the most efficient way to accomplish a project with available resources and my own two hands and the small-office technology at my disposal, with no Litigation Support personnel to fall back on for getting a project done. This satisfies my practical nature.

Case size and technology may have downsized, but professionalism certainly has not. With my attorney clients, the quality of the work is just as painstaking, and the expectations of excellence are just as high as they were when I worked at larger firms. This satisfies my perfectionist nature.

There is a different “office” dynamic as well. (Yes, in an odd way my attorney clients and I do make up an "office.") There are fewer layers of approval to work one’s way through than in large offices. I find that communication is more direct, and the sense of partnership I feel with my clients is more pronounced. This satisfies my collaborative nature.

So you see, in my world, downsizing has been a very good thing!

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!

Who you gonna call?

When I worked in BigLaw, there were plenty of opportunities to exchange ideas and commiserate with co-workers. The office was veritably pulsing with fellow paralegals, IT folks, litigation support people, legal secretaries and document clerks who were all involved somehow in the endeavor of providing excellent service to firm clients. Everyone had a role to play in getting the firm’s work done, and everyone in his or her own way was dedicated to accomplishing that.

I had people everywhere I could seek help from, brainstorm with, complain to (not that I would ever do that!), and get encouragement from. And co-workers would come to me for the same reasons. There was (usually) a spirit of teamwork and cooperation.

Or at the very least, a coffee run co-conspirator or after work drinking buddy.

Ah, but I work in BigLaw no longer! I am flying solo . . . master (mistress??) of my own fate . . . a solitary soul slaving in solitude, so to speak!

If you’re a biz owner, a “solopreneur” as the current buzzword goes, where do you go to get ideas?

Who do you turn to when you need to ask a question, or to get advice, or to vent, or to enjoy a simple cuppa coffee forgodssake?

Who you gonna call?????

Well it turns out, much to my delight, there actually are folks!

First, there are colleagues in my paralegal association. As I go to meetings – whether it's the entire membership, the litigation section, or the occasional board meeting, I've begun to form friendships. Most of these colleagues work in law firms; some work as freelance paralegals as I do; a few are unemployed and looking for work. I can empathize with all these situations, and we support each other.

Next there are colleagues, both paralegals and attorneys, whom I’ve begun to make friends with through my involvement in other associations, such as the county bar association and my Women in Law group. We can swap stories, swap tips about legal vendors, or occasionally even reminisce about our former life in BigLaw!

I have developed a network of local fellow biz owners who are great friends, and who also brainstorm with me about building my business. (Turns out they’re superb drinking buddies too!)

But what I didn't anticipate when I began my virtual paralegal business was how many friends I’d meet online through Twitter, LinkedIn and blogs!

• There is a small group of fellow virtual paralegals I've phone-conferenced with, and who are proving to be a supportive group to exchange ideas with.
• There is a group of fellow freelancers, in a wide variety of fields, that I have weekly chats with about marketing and other business matters.
• There are interesting and talented legal professionals who share or post material that I find useful and that I learn from.
• There is a virtual assistant and tech guru extraordinaire I met on Twitter, who is now helping me revamp my website. (Thanks @TMarieHilton!)

What I’ve learned is that participating in professional organizations, building friendships with fellow biz owners, and being active on social media sites are even more important for me as a self-employed virtual paralegal than they were when I was an employee. Now that I can’t just walk down the hallway to find a co-worker to consult with, it has become doubly important to make sure I’m active in my paralegal & bar associations, and that I'm showing up online to exchange information and good will with folks.

Plus, I've gotta get my coffee run co-conspirators and drinking buddies from somewhere!

What about you? Who are you gonna call?

Stuff I Miss About BigLaw . . . and Stuff I Don't! (Plus, a Bonus)

No really! Quit laughing! There are things I miss about my life in BigLaw! Such as:

1.  I miss having all my MCLEs and training programs paid for by someone else.
2.  I miss having a team of staff to manage.
3.  I miss the opportunities to teach training programs.
4.  I miss the afternoon latte breaks. Note: there is no Peet's Coffee in walking distance of my home office :(
5.  I miss specific people. Attorneys I liked working with. Fellow staffers who were helpful, knowledgeable and a kick in the ass.
6.  I miss the Word Processing Department! (But now I’m oh-so-skilled at formatting those documents myself!)

Stuff I'm not missing even a little about my former life in BigLaw:

1.  I don't miss getting yelled at by attorneys. (Not that that ever happened . . . )

2.  I don’t miss the all-nighters. Thank god my current boss doesn't allow those. :P
3.  I don’t miss the commute. Not. One. Bit.
4.  I don’t miss the billable hour minimum.
5.  I don’t miss the terrible vending machine food in the lunch room.
6.  I don’t miss being stuck with the terrible vending machine food when I’m too busy to find something better to eat.

And as an added bonus, things I love about being a virtual paralegal:

1.  I love the variety of projects I work on – an even greater variety of work than I experienced in any one law firm.
2.  I love learning about the varied cases of my clients in different practice areas.
3.  I love not commuting! (See #3 above.)
4.  I love the flexibility to exercise and run errands in the middle of the day if I want to.
5.  I love the tremendous sense of ownership I have over every aspect of my work, now that I’m a business owner.
6.  I love the technology I utilize to work remotely.
7.  I love the ability to say NO, when no is the best thing for me or for my business.

8.  I love some of the things marketing a business compels me to do. Such as professional networking events, writing my newsletter, Twitter and blog reading as industry research.
9.  See how long this list is?

Things I love not so much about being a virtual paralegal:

1.  I don’t love the inconsistent cash flow.
2.  I don’t love all the annoying administrative details - business taxes, licenses, accounting.
3.  I don’t love some of the things marketing a business compels me to do. Such as cold – or even warm – calling, marketing ROI analysis, tooting my own horn.
4.  See how short this list is?

What do you love/love not so much about your work?

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 5: Delegating Appropriate Tasks

A virtual paralegal can offer huge benefits to a litigation practice, providing savings in both time and money. The purpose of this series has been 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, issues related to document security and confidentiality, and developing trust in a virtual paralegal.

Today we discuss a final area to consider when contemplating working with a virtual paralegal:

Delegating Suitable Tasks. Some lawyers believe that all the work they require simply has to be done on-site. Or said differently, they believe they need the immediacy of a paralegal close at hand for urgent projects.

Let us concede that there are a small number of tasks which cannot readily be performed from a remote location: making copies, for example, or meeting with clients, experts or witnesses.

However there are a host of tasks that are perfectly suited for a remote working paralegal. These include drafting correspondence, discovery, discovery responses and simple pleadings. They include performing suitable legal or procedural research. They include reviewing documents, preparing document productions, and summarizing depositions. They include cite checking briefs, downloading case law, and e-filing documents.

For example in my own business, I have performed on line and law library research on procedural issues and drafted memos outlining my findings for attorney clients. I have uploaded all relevant statutes and case law to an on-line shared document folder for my clients' review. I have drafted and served notices to all parties in my clients’ cases. I have reviewed and organized client documents, both in paper  and electronic formats. I have bates numbered documents for production. I have reviewed document productions to compile data needed for motions. I have drafted declarations and assembled their exhibits.

These are just a few examples of the many services a virtual paralegal is able to provide to litigation attorney clients, working remotely from his or her own well-equipped office.

A competent virtual paralegal can help an attorney evaluate which projects are best suited for his or her assistance, and can help break the project down into tasks which the attorney can delegate to both in-house and remote working staff. A virtual paralegal can help streamline the case load of any litigation practice. Litigators can not only reap the benefits of a contractor working only when needed, but can also save the costs of providing space, equipment and supplies.

It’s a win/win for us all!

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.

Virtual Paralegals in Litigation Part 2: You Do Have the Technology!

As noted in Part 1, many virtual paralegals encounter resistance among litigation attorneys to utilizing our services. Even though their offices might be perfectly suited to using a virtual paralegal, many litigators are most comfortable with a contractor whom they can see and hear, no matter how small their office might be.

In my last post, I discussed ways in which confusion about the title Virtual Paralegal can give rise to resistance about hiring us. Today I discuss the next roadblock:

Technology. Some attorneys believe they do not have the requisite technology for utilizing a paralegal working from a remote location. However, this is not the case. Tools employed by every office – telephone, mail, email, fax, scanning and internet access – can be used to share documents, information and projects back and forth with a remote working paralegal. In fact, these are the tools routinely used for sharing documents and data within the office, and outside it to clients, experts and the courts.

In addition, virtual paralegals are already set up to work remotely. They typically have additional tools at their disposal to work effectively and efficiently with a law firm client in any location.

There are a number of software programs available for securely sharing files back and forth between remote locations. The oldest tool is an FTP client (File Transfer Protocol), which enables both lawyer and paralegal to upload and download large files over the internet.

Other software programs provide secure on-line repositories for documents. While designed for safe on-line computer back-up, they also provide a secure means of file sharing. Using one of these programs, a remote working paralegal can create a series of folders and sub-folders for storing case documents. These files are accessible via link or password to both the lawyer and the paralegal from any computer or location. In this way, both lawyer and paralegal can store, access or revise any case related materials whenever they need to. Dropbox and SugarSync are two examples. (Note: Dropbox gets a lot of great reviews in the legal community, and for good reason - it's an excellent product. I prefer SugarSync myself. I’ll tell you why in a future post.)

Finally, there are software programs that actually create a secure collaborative project management system of sorts on line. They enable the lawyer and paralegal not only store case files and edit documents, but also to design a project, assign tasks to different team members, and track everyone's progress. Box.net and Basecamp are a couple of examples.

So you see, every lawyer has all the technology he or she really needs to work effectively with a remote working paralegal. It's much easier than you think!

However, this leads us to another roadblock to hiring virtual or remote working paralegals: Security and Confidentiality! Tune in next time for Part 3.

Virtual Paralegals in Litigation Part 1: Think of us as Telecommuters!

In the legal industry, virtual paralegals are gaining ground in a number of practice areas, such as bankruptcy, corporate matters, and estate planning. However the reality encountered by many of us working virtually is that in the area of litigation many attorneys and law firms are reluctant to contemplate hiring virtual paralegals. To be sure, there are bold exceptions. For example, I work with some solo practitioners who are delighted to get help without relinquishing precious office space.

But many attorneys in litigation cite roadblocks to working with virtual paralegals. Their practice may be perfect for it. They may be superb candidates because they have frequent work overloads which tax their existing staff, they have no budget for adding to their payroll, and their physical space and equipment resources are limited.

Yet many resist.

Thus begins my five part series looking at the reasons behind this resistance, and what we as virtual paralegals can do to allay these fears and convince litigators of the benefits of hiring us.

So what is the first roadblock?

Misunderstanding the term. First and foremost is a misunderstanding of what the term “virtual paralegal” means. True, lawyers active in social media or keeping abreast of technological trends may understand it well enough. But I have encountered many a blank stare when I’ve used the term in gatherings of legal professionals as I seek to explain to them what I do. If an attorney doesn’t understand what a virtual paralegal is, he or she won’t understand the benefits of hiring one. In fact, some in the field are abandoning the term altogether for this very reason.

In the case of a virtual paralegal, “virtual” does not mean “almost,” as in “virtually unknown.” Nor does it mean “simulated,” as in the “virtual reality” of a video game.

It simply means working remotely - virtual as in “occurring mostly online.” Think of it as telecommuting!

Telecommuting is certainly not a new concept in law practice. Both lawyers and staff work from home at many law firms. Technology permitting, they even log into a work server remotely to exchange emails and edit documents from home. Heaven knows when I worked in BigLaw, I spent many happy hours searching databases, drafting privilege logs, and all manner of other fun tasks from my own home computer.

Virtual paralegals are telecommuters! It's just that we are not full time employees, and we use our own equipment instead of the law firm’s resources - two factors which can and should be viewed as cost saving benefits!

However this leads us to the next roadblock: Technology! Tune in for Part 2 of this series coming soon!

And please share your thoughts in the comments!

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!

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.

Sunday Six Word Memoir

I’ve had an unsettling week.  Unsettling in a good way, that is.  It all started a little while back when I scored a copy of Dave Navaro’s ebook, 7 Steps To Playing A Much Bigger Game.  Which is not hard to do, since he’s giving it away on his website, how cool is that.  Although I think I got it from somewhere else. 

In any event, reading and working through it has been challenged my thinking quite a bit, as I’m struggling to build my little great big freelance and virtual paralegal business in a difficult economy.  It’s challenged me to ask myself if I’m really "all in" on this project, and if I really am, then what else am I prepared to do to succeed.  Beyond that, how much further can I take my ideas; what additional services or products can I provide that might benefit my clients even more, while yielding greater income for me?  What am I willing to invest, of my time and effort and resources, in order to insure my success?

As a result I’m in the midst of adding to my marketing arsenal, and planning new approaches for reaching new clients.  I’m far from finished working these ideas out, but in the interim, here is the next in my series of Six Word Memoirs – a memoir to encapsulate my week:
 

Be all in; go all out!

Got your own Six Word Memoir?  Feel free to share it in the Comments!

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!

Blog Current: Wading Through an Endless Flow of Ideas

Why do I subscribe to blogs and news feeds?  Because subscribing is such a huge time saver, as shown in this cool little video!
 
But the prior question would be why do I read blogs at all?  Because I want to keep abreast of law practice trends.  Because I never owned a business before, and I barely know what I’m doing.  Because some days I’m scared to death!  Oh, and because it’s fun!
 
The blogs in my RSS reader fluctuate.  Being self-employed, time management is something I constantly wrestle with.  Mindful that I need to spend time on the most important things, I regularly review my subscriptions and remove blogs that I’m either – let’s face it, just not reading – or else not benefiting from any more.  But what benefits me?

Those benefits fluctuate too, as I move through different phases of my entrepreneurial pursuits, but generally, my blog subscriptions fall into three categories: law and paralegal blogs; marketing and business blogs; and what I think of as “entrepreneurial inspiration” blogs.  (There are also food/wine blogs, but that’s a topic for Sonoma Sip.)  

Here are just a few of the blogs in each category that I read regularly.
 
Legal Profession
 
LTN Law Technology News – LTN is a news feed of articles from a variety of sources focused on technology in law practice.  As technological advances have always been of great interest, but also of great importance to me as a paralegal, I find this feed extremely useful.  It also has a focus on e-discovery, which is a big interest of mine.
 
Practical Paralegalism – Lynne DeVenny is a North Carolina paralegal who writes a highly engaging blog about and for fellow paralegals.  Her posts are a mix of education, paralegal news and funny or moving anecdotes, and I always enjoy it.  Check it out!
 
Georgetown Law’s E-Discovery Law Blog - As I mentioned, I'm quite interested in e-discovery, and consequently I subscribe to a number of e-discovery blogs.  Scholarly yet very clearly written, it covers an interesting array of e-discovery related topics.
 
Marketing & Business Advice
 
Six Pixels of Separation – a marketing blog written by Mitch Joel of TwistImage.com, author of the recent book by the same name.  I enjoyed the book, and I also subscribe to Mitch’s podcast.  If there is one significant message I’ve gleaned from Six Pixels, it is to continually ask myself why.  Why should clients hire me instead of someone else, why is anyone interested in anything I have to say, why am I choosing this marketing method over another?  My strategy has to dictate my tactics; otherwise everything I do is just a distraction.(fn)   Thought-provoking stuff!
 
IttyBiz: Marketing for Businesses Without Marketing Departments – a hilariously funny yet very insightful blog written by Naomi Dunford.  I need to remember not to sip coffee or wine or any other liquid while reading Naomi’s posts lest I spew it all over my computer when I burst out laughing, and the smiles would be reason enough to read it.  But the blog is also full of marketing insights geared straight toward my very small sort of business.
 
Entrepreneurial Inspiration
 
Buon Viaggio – a blog written by Barbara Winter of JoyfullyJobless.com fame.  As I’ve mentioned in previous posts, her book was highly influential in my decision to start my own contract paralegal business.  Her blog continues to inspire, and encourages me to revel in the fact that despite all its challenges, becoming self-employed was the best thing I could have done in this season of my life.
 
Seth’s Blog -  I realize it’s quite unoriginal to adore Seth’s blog – it might just be the most popular blog on the planet – but I don’t care.  Seth’s posts are endlessly honest, insightful, and arresting, and I rarely if ever fail to be challenged by them.  Perhaps the two most transformative messages for me have been the importance of generosity in my life, in my relationships, in my business, and the importance of what Seth calls “shipping.”  Do it.  Get it on the market.  Start the business.  Execute the plan – not the perfect plan, just the plan I have right now.  Act, move, get it done.  I need this kick in the pants every day!
 
I could talk about many more noteworthy blogs – and perhaps I will in a follow-up post.  These blogs might not be your cup of tea – what benefits me right now might be – probably is! – different from what benefits you.  Regardless, I wholeheartedly recommend that you spend a slot of time a day or a week feeding your mind with insights from others that might hone your skills, challenge your thinking, give you new ideas, or simply provide encouragement that you’re on the right track!
 
So what are you reading?  Feel free to share it in the comments!



fn:  Six Pixels of Separation: Everyone is Connected. Connect Your Business to Everyone, by Mitch Joel, at 50-51. New York: Business Plus, 2009.

Saturday Six Word Memoir

This week was characterized by persistent efforts targeted at a number of different fronts.  I’ve been working on an additional project to market my freelance paralegal business and also to solicit more referrals from colleagues, and former co-workers and employers.  I’ve been seeking out more local arenas for meeting attorneys and fellow paralegals with whom I can begin to build relationships.  I’ve embarked on a crash-course education program to learn more about expanding my freelance paralegal business into the virtual world, which has led to making connections with virtual paralegals and virtual assistants from whom I hope to learn, and with whom I hope to exchange ideas.

I’ve also been working on developing a little prototype for the second business I want to develop relating to wine and food pairing.  So I’ve been doing a lot of reading about wine, writing event plans, and brainstorming with friends about my first trial wine event coming up soon.  (Read more about those efforts on my sister blog, Sonoma Sip.)

So here is the next in my series of Six Word Memoirs – a memoir to encapsulate my week:
 

Pushing multiple projects forward at once.

Got your own Six Word Memoir?  Feel free to share it in the Comments!

Good Karma

I recently got a phone call from a very pleasant woman who asked if I could help her finalize bankruptcy paperwork for filing.  She had found my number on the internet, on a directory website I don’t use much, but on which I’m now grateful I have a profile.  

Well, the fact of the matter is, I can’t help her finalize her bankruptcy paperwork.  As a freelance paralegal, I am only authorized to work for an attorney, and under his or her supervision; I cannot work for the general public.  Therefore, even if I were a bankruptcy specialist, which I am not, I couldn’t legally help her with her bankruptcy.

So I proceeded to explain to her that in lieu of hiring an attorney, the kind of person who might be able to help was a Legal Document Assistant (LDA).  LDAs are registered with the State (in California, anyway) and are able to help individuals prepare legal documents in many fields such as adoptions, divorces, bankruptcy, etc.  I took down the woman’s name, phone number and email address.  I ran a quick Google search and found three websites where this woman might be able to find a qualified LDA who could look over her bankruptcy papers for her, and I emailed them to her, and wished her well.  It all took about fifteen minutes of my time.

I’ll never make a dime from this.  I don’t even know this woman’s last name or what city she lives in.  I doubt I will ever bump into her, and I don’t expect she will ever be in a position to refer me any business from local attorneys.
 

I just wanted to try and help her out a bit.  Be a good citizen.  Be a contributing member of my local community.  Build my “whuffie” (about which, read more in my upcoming “Whuffie” post.)   I just wanted to be the nice person Mom and Dad raised me to be.

Got any “good karma” stories of your own to share?  Feel free to leave them in the comments!