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!

Driven: Part 4, or Believing Isn't Necessarily Seeing

OMG it's been f-o-r-e-v-e-r since I posted last, where have I been?

I've been here!

Pretty, eh? 

Plus when I haven't been frolicking in the desert, I've been Crazy Busy.

Enough of that, onward with the thoughts I've been thinking while reading Daniel Pink’s Drive: The Surprising Truth About What Motivates Us.

The farther I read in this provocative book, the more I realize that it has vast implications for virtual paralegals such as me, and  for all other freelance or telecommuting workers.

I’ve seen a lot of articles suggesting that trust is a barrier to telecommuting or remote working relationships. That managers, supervisors, and business owners who hire contractors worry about the work getting done when no supervisor is present to watch it happening.

This is the exact opposite of what I experience, and I'm guessing it is the opposite of what all of my virtual colleagues experience too.

The notion that a remote working contractor, such as a virtual paralegal, won’t work when not being watched operates on the old assumptions that people don’t really want to work, and must be driven to by carrots and sticks. An assumption that doesn’t really bear out when people are interested in what they’re doing, and have a deep personal investment in what they're doing.

In fact, the very reason that many freelancers want to be self-employed and want to work remotely is that autonomy is very important to us, and it is also highly motivating. The control I wield over when and how I work is an integral part of my drive to excel.

I've commented in previous posts about the way in which carrots and sticks can warp our natural motivation to work hard. Studies show that in a work environment where workers know they are being monitored to assure they’re performing, they may actually slack if monitoring stops. The goal can shift from performing the work to appearing busy for the ever watchful boss. So I can see how managers – lawyers in my case – could become programmed to believe workers require monitoring to get them to perform.

But a self-employed person, someone owning her own business and responsible for her own income, benefits, livelihood and well-being, is really operating outside such an environment. She has strong motivation to perform and to exceed expectations that has nothing to do with being monitored.

Now I’m not suggesting that it’s impossible for a remote working professional to slack off and charge clients for not working – obviously there are unscrupulous folks around. I'm simply saying that for me, the motivation to do my best and most efficient work stems from my love of what I'm doing, from the exhilarating sense of pride I feel from owning a business that provides services to clients, and from the knowledge that it's the value I provide that keeps clients coming back, whether they can see me working or not.

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.

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!