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 . . .

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.