The Estrin Report

In Search of the Rest of Your Career

We all start out headed in one direction, and darn it, if we don’t end up in another.

There are estimates that people have three to five completely different careers in one lifetime. That’s a lot of time invested when including the decision-making process, transition time, learning curve and years to gain a little experience.

Let’s introduce the concept of career-changing rather than changing careers. This means taking charge of your present career and changing it to best suit your needs. Change is hard. I should know. Starting out in paralegal management years ago, becoming an entrepreneur; moving as an executive to a $5 billion corporation; exec in an $80 million company; then back to entrepreneur, all the while staying in the legal field, I created a pattern of pushing change on myself rather than opting for a secure road. There were no “accidental” jobs.

Leveraging your background is always a good strategy. I am relieved I didn’t take my mother’s
advice to be an elementary school teacher to have “something to fall back on, just in case.” Geez, for additional insurance, she wanted me to marry a dentist – in the Valley – with a pool, and yeah, a guesthouse in the back. <sigh> Things were different back then.

Twenty years in the legal field taught me to listen closely to those desiring “something new, something different”. “Something different” is about creating an emotion people can get excited about instead of routine and repetitious duties. Now that I think about it, I’ve never seen a legal professional get energized about a job in order to put more profit in a partner’s pocket. However, when I suggest a change to an organization where a legal professional makes real difference, faces light up.

A career move may be complex. You may say you want to make a difference but in truth, only want something beyond the tedium. As stops come up and fear of the unknown sets in, commitment to radical change becomes hampered in reality. You may only be trying on the idea for size. Be
honest. Are you committing to exploration or are you committing to change? Or, are you just fooling around? What you commit to will have a profound effect on the outcome.

It’s okay if you don’t know in what direction to head. Here is an opportunity to use your fact-finding skills to make an intelligent decision about your next career move.

Strategy #1: Leverage your prior work experience so that it is strategically aligned with anticipated changes. What you do now affects your future position. This may mean a new practice
specialty; transfer from law firm to in-house legal department or government; an “up and out” leap to a related area such as litigation support, recruiting or marketing; a climb up the ladder to management, vendor or teaching position.

Strategy #2: Take baby steps. Plans for big successes often result in big failures. Chop up the path to your goal into small, palatable steps. Simplify your process and your self-esteem will zoom each accomplished step.

Strategy #3: Research your goals. Understand where you’re headed along with the impact it will have on your career and personal life. Change can be frightening, so keep the road positive. Experiencing anxiety does not mean you made the wrong decision. Keep the transition simple and don’t compound problems. For example, if you are considering switching jobs, don’t quit your current position until you’ve found another. Maybe you can tough it out. With proper research and flexible plan, you’re in the home stretch.

Strategy #4: Put structure into your plan. Identify what works. Get a flexible plan with a checklist. Find someone to talk to with good input and another viewpoint. Choose wisely, though. Negative Nancys can kill the best formulated plans.

Strategy #5: Impulsivity lacks deliberateness and can cause setbacks.  Go slowly. Create a bridge to your career change. You might hold on to your current situation; take a hiatus or back-to-school break. Consider a transition job while implementing your strategy.

Strategy #6: As you reach your goal, your new world begins but it can’t happen by itself. You have to work at it. In my situation, I started two adventures: a legal professional training company and the Organization of Legal Professionals, creating a fresh career path. (Hmmmm…..In the back of my mind, was I somehow listening to my mother?)

Changes for me included: how, where and with whom I work; hours I put in; less stress; much more creativity and increased intellectual stimulation. Oh, and there is one major factor: I’m having a
great time.

Career changing, while risky, can be exhilarating, stimulating and overwhelming at the same time. The legal world around us has changed significantly in just a few years. To keep up or even just to stay in it, we all need change. The most profound thing you can do for your career is to discover and lead a truly authentic life by bringing the best of who you are to whatever you choose to do.

15 Ways to Leave Your Lawyer ...And Set Yourself Free

 

Last Impressions

Last impressions are as important as first and doubly important in the paralegal field where “everyone knows your name.” People talk, and when they’re talking about you, it’s important that the conversation remains positive.  Ensure that today’s co-workers become tomorrow’s dependable references and contacts. Here are a few suggestions:

Time to Get Ready, Freddie. . .

1.      Know when it’s time to move onto better things:  Working for someone is a dating relationship, not a marriage.  It’s just the reality of today’s workplace.

Don’t Cause a Storm, Norm . . .

                2.  Never leave in a huff:  No matter how perturbed you are, it’s never a good to walk off a job.  The legal community is very small.  You are not going to want to burn any bridges.

Upgrade Those Skills, Jill. . .

            3.         Take a look at your current skills before leaving: Have you been in one job so long that you have failed to familiarize yourself with the three T’s: technology, techniques or tactics?  If your skills aren’t current, you may have a long wait between jobs.

Don’t Try to Look Back, Mack. . .

            4.         Don’t get fooled by counteroffers:  Remember why you are leaving.  A counteroffer from your firm does not always mitigate other issues.  Once you get used to the increase, will other problems cause you to want to leave again?  For example, “Is that battle-ax of a supervisor down the hall going to leave soon or not?

Create a Truce, Bruce. . .

            5.   Mend broken fences:  Make peace with any an adversary.  Take her aside and mention a few things you enjoyed about working with her.  Keep the conversation short. Playing politics here?  You betcha.  However, it’s better to leave with colleagues sorry to see you go - so much better than that beastly dancing in the hallway the moment you become a mere memory. 

Extend Your Hand, Fran. . .

            6.         Build lasting bridges:  Have a close relationship with a coworker?  Let him know  what you learned from him. So what if you kept getting passed over while he got all the goodies!  Get over it. You’re on to a whole new adventure.

Write a Good Plan, Stan. . .

            7.         Prepare a detailed status memo:  Nothing is worse than to leave colleagues confused about what you were doing.  Write a detailed memo outlining current matters.  Leave in an orderly and organized fashion.

Try to Leave Clean, Dean. . .

            8.         Leave your desk in order:  Return all borrowed books, equipment and whatnot you borrowed from Milton in 1989. Perk up or, what the heck, throw out dead plants. Answer all emails. That last impression is as important as the first.

Respect the Firm, Herm. . .

            9.         Take only what you are allowed: All the tools that you used such as books, software programs, post-its or coat trees belong to the firm.  Do not take anything with you including forms or client files. 

Hire a Good Guy, Sy. . .

            10.       If you are hiring your own replacement: Make certain the person is right for the job.  You won’t score any points by being remembered for approving the hire from hell.

Put on Your Tie, Clyde. . .

            11.       Firm up outside contacts:  Use your departure news to reconnect with vendors who can be very helpful.  They have inside knowledge of the industry and can be critical to your future success.

Know When to Go, Flo. . .

            12.       Give proper notice:  A no-brainer.  You’re a “short-timer”.  Anything beyond a month is usually too long – you can start to get on people’s nerves.

Pick Up Your Files, Miles. . .

            13.       Make certain you know what is in your personnel file: Each state has different laws protecting employees’ rights to access to personnel files.  In this day and age of reference reluctance, it is very had to get a firm to commit to anything more than name, rank and serial number.  You may need reviews and letters for future job searches.

Have a Good ‘Tude, Dude. . .

            14.       Maintain a positive and professional attitude:  Don’t start coming in late, leaving early or using up personal days because “it no longer matters.” Your attitude could be the final impression your co-workers remember and it’s so much nicer if the memory is pleasant.

And Set Yourself Free.

            15.       Ace the exit interview:  Anticipate questions about the firm and staff.  Be prepared to answer why you are leaving and be diplomatic.  Although the exit interview may seem like the time to spout off all those things you have been saving up for years, don’t say anything you don’t want repeated. Offering suggestions to improve is one thing but harshly criticizing someone revengefully is quite another. Leaving thoughtfully with an eye toward the future is the only way to go.   

 

 

Warning: Shift Ahead - Are You Ready?

A paralegal wrote in with this question:

Is it worth it for a paralegal to sit for the eDiscovery Certification Exam?

Of course, I jumped right on this question!

As Chairperson of the Organization of Legal Professionals (OLP) and a co-founder of the International Paralegal Management Association, author of 10 books on legal careers and Editor-in-Chief of KNOW, The Magazine for Paralegals (ok, ok...lol), I have strong opinions about the value of getting the CeDP - certification in eDiscovery for paralegals and legal professionals.

The legal market is leaning towards less work done by lawyers and more work done by paralegals. Lately, its all over the news in articles, reports...I even just viewed an international expert on CNN claiming the same thing.

As this change occurs, paralegals are going to face even more competition for their jobs.  Employers are going to weed out and keep the best of the best.  Certification means two things:  you have the knowledge and experience to qualify as an expert in the core competencies of a given arena.

Think towards the future. Sure, you may be set for now - but let's face it. A few years ago, did anyone think (in the cushy economy) that a deep recession was coming and thousands upon thousands of legal professionals - in the very best law firms, mind you - would get laid off and to this day, may be having problems finding work? No.

However, in competing for jobs, the ones with the best experience and education stood a better chance of qualifying.  Yes, some may have had to take a cut in salary or a step back. But many, many did not. Why? Because they had the qualifications to beat out other paralegals for a highly coveted job.

Education means everything in the law firm environment.  Many times, it's how you are judged. Common questions that abound in the law firm include: Was your paralegal program ABA approved?  And for lawyers:  What school did you go to? Where did you rank in your class? These questions regarding qualifications are asked because law firms want the best of the best. No matter what law firm you go to. The best of the best wins every time.

OLP created a very strong certification exam, the CeDP. It took 18 months to develop by a team of 27 experts - attorneys, law professors, consultants, litigation support professionals and included paralegals. It is one of only two exams available today. I believe OLP is the only organization that saw the value of the paralegal's hands-on expertise and input in developing this exam. (I could be wrong.)

OLP developed the exam with Pearson Publications (a $7 billion company). Pearson provided the technology for the exam and OLP provided the content. Pearson provided the psychometrics (a science to ensure fairness and non-bias) and five Ph.Ds. Pearson also has expertise in highly valued exams such as the LSATs, GRE and GMATs.

Do yourself a favor. Think to your future in this field. As a member of the legal community for 25 years, I can assure you, education and the open acknowledgement of education (degrees, certification, etc.) and experience counts heavily in this field.

For more information, please visit OLP's website at www.theolp.org or contact me at chere.estrin@theolp.org.

 

 

 

 

What??? Consider a Career with a Legal Support Provider?

 

Legal Service Providers (LSPs), also known as vendors, have awakened to the fact that legal professionals have tremendous buying power.  While the extent of that authority varies from firm to firm and east coast to west coast, no one can deny that legal professionals influence the firm or in-house legal department in the selection of suppliers of services and goods.  This is verified through the number of exhibitors at any one conference, the current increase in newsletters, blogs and fortunately or unfortunately, the number of direct sales calls you may now receive.

By giving you buying power, firms bestow an additional responsibility:  to wisely and prudently spend dollars.  The buying power enables you to maximize your name on the recommendation, and perform factual research into the service or product.  It also puts your reputation on the line.  As with anything else, when the selection is great, such as a responsive new software package, the firm responds with “Wow, did we pick a winner!” When the selection is bad, the firm responds with “Who selected that miserable package anyway?”

Your experience selecting products and services gives you a unique advantage – understanding what law firms want. While some law firm professionals believe that taking a position with a vendor is “going over to the dark side,” careers with legal service providers can be fun and lucrative. If you are through with the billable hour monkey on your back, here’s a whole other avenue you can take and still stay in the legal field.   Vendors seek out legal professionals in order to utilize their legal background, purchasing and decision making abilities, contacts and knowledge of the marketplace. 

Usually, the first reaction to taking a position with a vendor is, “I don’t want to go into sales.”  People may feel it’s not “dignified” nor hold as much status as being a member of a law firm.  You may feel that your law firm career has been derailed.  I once asked a Vice President of an eDiscovery solutions company if she felt any less dignified working for a vendor than being employed by a law firm.  Her response was, “Actually, at precisely 5:00, I head down to the parking garage, get into my Mercedes, and drive home to my house on the hill. I don’t have to worry about anxiety-ridden attorneys, billable hours or unreasonable requests at 10:30 at night. My lifestyle is very different from the one I had in the law firm.” Folks, think outside the ole box! There are more positions than sales existing within the vendor world.

Vendors need general counsel, marketing, project managers, paralegals, research professionals, eDiscovery, litigation support and IT professionals.  They also need expert consultants, technology officers, strategy officers, trainers, database managers, trial technicians, HR staff, outsourcing experts, general managers and more.

Let’s circle back to this sales position. If you have the right personality, you may want to consider it.  Generally, most LSP’s provide a base salary or draw against commission.  A standard salary would be anywhere from $60k to $100k, depending upon experience, knowledge and standing in the community.  From there, you may receive a commission from either the net or gross revenue.  It also depends on what type of LSP you choose.  Staffing, teaching positions or copy companies may pay less; eDiscovery, software providers, consultants may pay more.  While you don’t have to hit billable hours, you may be required to hit target numbers.  Accountability is something, isn’t it?

The size of the company will vary.  You may find yourself in a start-up, an entrepreneurial enterprise, a major player in the legal market or even in a publically owned company.  You may be stationed virtually and hold meetings via Skype. You could be in a national or even international company, dealing with clients in Asia or Europe.  Anything is possible.

The environment will be different from a law firm.  Decisions are not made by consensus as in a law firm and there is a corporate ladder open to your climb, too often never found in a law firm – even for attorneys. High expectations are generally not less but your entire organization’s reputation usually does not rest on one major client.  You may have more interaction with the public than you do now.  Some law firm legal professionals, attorneys included, rarely, if ever, interact with clients. You may even find yourself standing at the photo copy machine for the first time in years.  There may not be any yearly bonuses and if you are currently in a major law firm crossing over to the vendor side, you may miss all of the added support and goodies that you currently receive - the firm retreat, attorney parties, and the like.  If you’ve never been invited, there you go!  You aren’t missing a thing.

 

Participating in Salary Surveys Can Lead to Big Surprises

Here's what's lacking in this market: Reliable salary surveys that the average law firm employee can get their hands on. Sure, there are lots of surveys out there but they are either a) an informal survey that isn't entirely accurate; b) available only for top executives; c) done by an association without the psychometrics, analytics and other precision tools that make a survey accurate or d) so pricey that once purchased and read by the Executive Director, it's read once then stashed away in a plain brown envelope and hidden in the firm's vault.

Why would you participate in a salary survey?

Most of the time, administrators fill out the survey. That's fine because they are sure to give accurate information and not have a temptation to inflate the numbers. However, they then base their raises and bonuses on what the market is saying. As a paralegal, it is most likely that you have no idea what factors are going into your raise. Furthermore, you have absolutely no idea whether you are within the market range for comparable positions. You just know that the firm is giving 2-3% increases this year and that's that.

Participating in employee surveys empowers you to get the information you need in order to move your career forward. Why should the numbers be either inaccurate or hidden from you? Word-of-mouth doesn't work either as you know from the game, telephone.

I remember once when I was a paralegal just starting out. It was the end of my first year and I was in my first performance and compensation review. The HR Manager told me that I was getting an 8% increase and I had done a great job. I was stunned. "What?" I said. "I'm only getting an 8% increase?" I don't know what I expected but 8% sounded way too low. Somehow 10% was my magic number. 8% was a fantastic raise but who knew?

If you want to empower yourself, OLP/NUIX and OLP/ZYLAB would like to invite you to participate in two very sophisticated salary and utilization surveys: The OLP/NUIX eDiscovery Salary Survey and the OLP/ZyLab Litigation Support Salary Survey. Go spend the next 9 minutes and find out if you're in or out of the game. It will be the most informative 9 minutes you've spent in a long time.

http://www.theolp.org/Surveys

Take the surveys today and move your career forward!

Would you give your Facebook password to a prospective employer?

Hot controversy these days, on whether, if asked, you would provide a prospective employer your Facebook password.  Candidates these days are being asked during the interview for their Facebook password before they have a chance to go home and cleanse the bad stuff. 

 Years ago, employers would ask women what kind of birth control they used. (I remember being asked during an interview with Pacific Bell telephone when I was 18 years old.) The feeling was that if the candidate used none or used something that wasn't consistent, they would get pregnant and leave the job. Women were often turned down because of what type of birth control they used. It has nothing to do with whether they could do the job. Catholics, in particular, suffered a great deal of discrimination.

In many states, a credit check is performed. This was not allowed (or wasn't done) in California. However, the reason that a credit check was performed was to see whether you were responsible and paid your bills. Candidates with poor credit histories were considered to be possible risks for stealing money from their employers. It had nothing to do with whether you could do the job.

Women, not men, were asked how many children they had. Too many (whatever that number was) or even one was sufficient cause for candidates to not get a job because there was that nasty old child care issue and employers figured that mothers (not fathers) would have to run home everytime the child cried.

Men who were married were considered a better risk than men who were not. Men who were married were considered "stable" and therefore would be a better risk than someone who was still "sowing his oats". It had nothing to do with whether the candidate did a better job than the next candidate.

The practice of judging morals, how someone should be living their life, privacy, viewpoints, all have nothing to do with whether the person can or cannot do the job. This punitive action will cause people to seek other avenues to express themselves in this day and age of social media. Hopefully, there is enough of a pushback from the general public that will allow laws to be created to prevent workers from being judged on criteria that has absolutely nothing to do with their performance, credibility and honesty while on the job. Employers are entitled to information that leads to judgment on whether the candidate can perform adequately and competently on the job. Not how they live their personal lives.

You Coulda Fooled Me.....

I read what I thought would be a same old, same old topic today in Paralegal Society but it didn't turn out that way.  The guest post, by Stacey Wagner, was about business casual but the piece actually gave me a poke in the old gray matter evoking this lesson:

Some years ago, I did some consulting work for the Marine base at Ft. Lejuene for JAG officers, attorneys and paralegals who were departing the service. Just before I was to go on with my talk, there were a couple of consultants from the corporate department of Nordstrom who talked with the officers about how to dress in the corporate world.

They showed some pictures of a man and a woman. The woman was dressed in biz casual with nice jeans and a colorful shirt, designer sunglasses on her head and comfy shoes. The man was dressed in a casual brown suit with brown shoes. The consultants asked, “What do you think these people do for a living?” The reply from the audience was an overwhelming secretary for the woman and used car salesperson or junior manager for the man.

Then they showed another set of pictures of a man and a woman. The woman was dressed in a beautiful navy blue suit, not too conservative, with navy shoes and a nice handbag. The man was dressed in a navy suit, white shirt, beautiful tie and carrying an expensive leather briefcase. “What do you think these people do for living?” they asked. The audience responded with lawyer or CEO for the woman and financial investor, head of a bank, senior exec for the man.

Turns out the man and the woman in the first set of pictures were the same man and woman in the second set of pictures. Goes to show. Clothes can make the person.

10 Ways to Sink Your Paralegal Career - Guaranteed

It's a game, really, this business of careers.  If you think about it, every move should be strategic,  every decision made carefully, and  each accidental event acknowledged as it affects your outcome.  To top it off, the results are win, lose or draw. 

Why we make the bad choices we do can sometimes be thrown into the mystery category but other times, it's because we're just plain unaware that these actions (or non-actions) are guiding the outcome of our careers.

Here are 10 top reasons why your career may be stalled, dead-ended or become routine and repetitious:

1.           You Are Your Own Worst Career Manager

If you don't watch out for your career and goals, no one else will and you may become a candidate for right-sizing, downsizing, merging or purging. A critical task for all paralegals is to examine your current skills.  Check current job listings to find out what you may be missing. You must identify and evaluate your skills to determine if they are still relevant and in demand. If your skills are not relevant, are in low demand or if you have gaps in your skills, start making a plan to update them immediately.  Your action plan might entail self-education, classes or a new or additional practice specialty. Develop and implement this plan with realistic and measurable objectives that will solidify and enhance your skills. This holds true for professional knowledge as well. Read trade journals, paralegal publications (KNOW, the Magazine for Paralegals is a good one- www.paralegalknowledge.com), attend conferences, take online courses (avoid travel and expense), learn what new products vendors are offering; join your local paralegal association; attend office meetings, read law blogs, and join forums.   

2.         Breadth, Not Depth of Skills

You do not want to be a one-trick pony. In today's paralegal field, there is a greater emphasis on the breadth of your skills not just on the depth. Many new and emerging technologies and practice specialties have recently emerged.  Law firms expect you know in-depth about many things instead of the old, "knowing just a little about a lot of things."  Skills are now a blend of what were once separate and distinct. As an example, litigation paralegals are now expected to not only understand the process of litigation but to thoroughly understand eDiscovery and related technology.  In most cases, you cannot have just one skill. This means it is the breadth, not the depth of knowledge and experience that wins - or keeps - paralegal jobs. Ask yourself, “Why set myself up for extinction?”     

3.         Don't Be a SMEL (Subject Matter Expert on Life)

We all know these folks - the ones who have the answer to everything.  They’re annoying, really.  There is a vast difference between self-confidence and overwhelming arrogance; the former can be an asset, whereas the latter can be a career buster. If you are viewed as unable to work as a team player (either from your end or your colleagues refusal to work with you) you can be creating a Resume Generating Event (RGE)  and promoting yourself as a candidate straight into the career-ending avenue of the field. If you find that managers and coworkers are making excuses to avoid working with you, wake up!  Do not make a habit of claiming sole credit (or pass the blame on to others) for the success of an assignment. Make sure others are mentioned. Seek input from your team; your colleagues will not only feel as if they have contributed to the project but may surprise you with unique solutions.

4.         Not Being a Tall Tree

You want to be noticed in a positive manner. Do not try to blend into your paralegal department to avoid attention. Even though the economy appears to be recovering, layoffs have not diminished and consolidations, mergers and splitting up are still occurring.  Don't try to go unnoticed.  Even though it may seem to be a good idea; it most likely will backfire. Be noticed, but in the right context. Becoming more proactive, showing initiative, motivation and participation is important. Be positive. High-profile assignments at your firm can offer a prime opportunity to prove your value and demonstrate unique skills to attorneys and supervisors. Don’t be shy about acknowledging your achievements and be sure they are known by higher authorities.

5.         The Living Resume

You’ll hear over and over to keep your resume up-to-date. There must be a good reason. Your resume may be viewed by people who are not familiar with the paralegal position nor your specialty, so you need to sell yourself (and a resume is your sales brochure) in non-technical terms. Describe the scope and types of projects that you've worked on. While providing examples and quantifying the success of the project is a good idea, don’t go overboard!  For example, saying that you worked on a winning team in a $6 million award is one thing but  to claim victory as the sole hero is not too kosher.  

The accuracy of your resume is important. There is always the temptation to "enhance" your education, accomplishments, titles and roles. If a prospective employer investigates the veracity of your resume, you might have a potential career-ending situation. If you are not an expert on a particular skill as stated in your resume, you will have a hard time fulfilling that role once on the job.  Busted again!

6.         The Written Word (and Picture) Remains

What you write in emails and instant messaging can be used both for and against you. It is very easy to send a message, but will that message be received and understood by your recipient with the same intent you had sent the message? This message is a permanent record of communication, which may be archived under State and Federal mandates. Under the Federal Rules of Civil Procedure, all electronic correspondence can be used as evidence in legal proceedings, both for and against you. There is an assumption that electronic communication is private between you and your recipient, unless the recipient decides to forward on to someone. If you must discuss personal or confidential matters, this might be a time to use a phone or discuss it in person. Any inappropriate emails, texts or pictures (even if just forwarded) may become a Resume Generating Event.

7.         Don't Burn Those Bridges

What a temptation it is to “tell all” in the exit interview!  Telling your boss and colleagues what you really felt about them, particularly when you’re angry, is a potential future career buster. People talk to other people. Good references must always be available.  Bear in mind that the paralegal profession is a very small world. Any comments you Tweet, Blog or post on a Social Network site (positive and negative) are easily searchable. You don’t know when you will need a former boss or colleague to help you land a great position, so don’t alienate them. Your reputation is a precious commodity, one that you do not want placed in jeopardy.

8.         Don't Disconnect or Isolate

The reach of social networks and professional sites should not be underestimated – even for paralegals. Take a look at LinkedIn.  It is quite common for contacts to see if you are on LinkedIn or Facebook. There is some current controversy over potential employers who invite candidates for an interview and during the interview, ask for their Facebook password.  These potential employers want to see what you’re really saying now before you have a chance to cover up some of the not-so-great stuff. However, you are doing yourself a professional disservice by not creating an account on these sites. You do not have to be an avid Facebook or Twitter fan and create 5 posts a day. Besides, it cuts into billable time. You do need the visibility for your professional reputation. These sites are perfect for updating professional activity. It’s just no longer possible to remain a paralegal wallflower and advance your career.  That’s sooo ‘90’s.

9.         Technical Complacency, Ignorance or Denial

Never make the assumption that you have all the computer skills you need. New technologies are emerging at a furious rate and to remain relevant, you need to learn these new skills. The latest hot field is the Cloud (and also the Private Cloud) along with Predictive Coding.  Law firms are now clamoring for paralegals that have these skills. On the other hand, demand for support staff is rapidly diminishing as support for desktop OS is almost over. If you want to have a viable career and you do not want to worry about becoming extinct; find out what your firm is currently utilizing or find out from legal software vendors what is coming up. They have a handle on it. If you don't learn new skills, you run the risk of getting a reputation as technologically incompetent. 

Check out the Organization of Legal Professionals  eDiscovery certification exam and its upcoming Litigation Support Certification exam. Also, check out the Paralegal Knowledge Institute  for webinars and excellent online, interactive paralegal continuing legal ed courses.

10.       Lack of Soft/People Skills

In today’s market, paralegals that assume simply having updated skills will give them a ticket to career advancement, have their heads buried deep in the sand.  Today, the successful paralegal also has to have excellent people and communication skills. We all know of the paralegal that walks on water – can do any assignment, in fact.  But there are times when it is the paralegal that walks on the grass who is promoted over the water walker. This is due to soft skills. Paralegals with excellent communication skills, that interact with colleagues, clients and attorneys, are those in demand. If you want to move into the ranks of the MVPs (Most Valuable Paralegal), get involved in areas that emphasize your people skills in addition to your paralegal skills.

Above all, be responsible for your own career.  Being the master of your ship instead denying what’s going on at the helm, guarantees a move forward in a growing, changing and fantastic journey.

(With thanks to Randy Muller, MCT, MCTS, MCSE, CEH's for inspiration from his article.)

A Mature Paralegal's Story in Today's Legal Market

Today we hear from our guest blogger, Karen George, FRP, from Miami, Florida.        

      
               I am a paralegal.  I am a “mature” paralegal.  I rose through the ranks to become a paralegal.  I didn’t take a class, get a certificate or any other degree (AS/BS).  I am of the “original” paralegals, that worked her way up to Paralegal.  I have knowledge gathered through years of doing the work, I have experience in many different areas of law.  I learned through trial and error, asking questions, watchi

            Here is one “mature” paralegal’s story.  Sit back, this is going to take you down memory lane and a road, the new, the young, the recently certificated, college educated paralegals who lament not being able to get a job, have not traveled and will never will.  This is a story of a time gone by.

             The year is 1976:  I started working for a law firm shortly after graduating high school as a runner.  In those days fax machines were few and not very good.  Remember the rolls of fax paper?   In those days, there were two choices to get your product out, mail or hand delivered.   I did the hand delivering.  I took an interest in the documents I handled, copied, and filed in the court.  I asked the legal secretaries questions, I read everything I got my hands on and my legal education began. 

             I watched the legal secretaries typing away at their Selectric IIs, rollers jammed with multi-colored carbon paper.  On each of their desks sat a row of various colored “white out” bottles.   These legal secretaries were the heart of a law firm.  They were amazing working machines.  Legal secretaries answered calls, scheduled hearings and depositions and typed like their fingers had wings.  These women (in those days only women were legal secretaries) knew every in and out in the legal field.   I wanted to be a Legal Secretary more than anything in the world!  I took a Legal Secretary course at night and “graduated” with a certificate saying I had successfully completed the course of Legal Secretary.  I was thrilled and excited.  I was A Legal Secretary!

          The year is 1981:  Do you remember the Lanier dedicated word processor?  Wang?  Amtex?  The dot matrix printers that had to have a muffler placed over them because they made so much noise when they printed?  The print wheel, that always broke?  Floppy discs that were huge and truly “floppy.”  Then the smaller hard discs came out that held “a little bit more” information?   With all the word processing machines, every office still had a Selectric II with correction tape, “just in case.”   Is this a walk down memory lane for some of you?  It is for me.  I have seen many changes through my years in the legal work force.

            I worked as a legal secretary but on a word processor.   In the beginning I worked for one attorney, then two, then three.  With the advent of the Word Processor, firms realized they could assign more than one attorney to one legal secretary and the game was on to see just how many attorneys could be assigned to one legal secretary before she went into meltdown.  I was young, I was good, I was fast and I learned - a lot.   The day came and I was tired of being a legal secretary and I became a word processing operator.  No classes needed for this “move up.”  All I needed was the ability to type fast (I could do that), have knowledge about legal document formatting (I knew that), know legal vocabulary (I had that) and knowledge of certain word processors.  I was qualified.  First, I was a word processing operator and then I got promoted to word processing supervisor.   I enjoyed the work just being dropped off and handing the product back to the secretary to finalize.   But this got old after a while as well.  My “break” was over and I wanted more.

           The year is 1995:  What to do?  I wanted to be on the creative, thinking side of the legal work I had been typing the past years.  I didn’t know it exactly but what I wanted was to be:  A Paralegal.   Paralegal was just becoming a buzz word in the law firms around this time and it seemed like the next logical step – for me at least.

        How do I become A Paralegal?  I started taking some courses at a local college at night, and applied for a paralegal opening in my firm.  I was hired, quickly started doing the work, we had a trial out of town and there went my classes. 

        At this point, I had been officially in the legal industry for 18 years.  Oh My Goodness time does fly when you’re having fun.

          I have honed my paralegal skills through years, I am a senior paralegal (and not because of my age!).  I have taken classes as I found them interesting, relevant and necessary.  I became a Florida Registered Paralegal when registration opened up.  I became involved in the associations of my profession.  I attend continuing legal education courses to meet my requirements and have broadened my mind and my knowledge base because of them.  I attend trials, depositions, interview witnesses, do site inspections, answer discovery, draft discovery, prepare complaints, various motions and memoranda of law, I prepare witnesses and clients for deposition and trial and I guide my attorneys on various matters as it becomes necessary.   I help to keep my firm up to date on changes in the Rules, Statutes and new case law that is relevant to our areas of practice as they hit the boards.  I am an integral part of the firms practice of law.  I am integral but I am not indispensable.  This brings me to where so many senior paralegals are today, experienced and unemployed.

          The year is 2007:  The economy has essentially CRASHED.  Firms are merging, closing up, people are being laid off and paralegals are no exception.  If you were part of the flotsam of any of these economic down falls, You are a mature paralegal looking for work in a Whole New Legal World.

           I write the following for us, the mature paralegals (hereinafter “us”).   Us, the ones who grew up in the legal profession and became paralegals.  We are the paralegals who post to the blogs, imparting advice, offering suggestions, and giving encouragement to the newly minted paralegals. 

          But who gives us encouragement, suggestions, advice, a helping hand?  Many of us saw the writing on the wall and decided we had better get some “official” education and title.   Some of us became CPs, some RPs, some got a Certificate, some went to college or university and got a AS or BS.  Some of us did none of the above because we were raising our children and then helping with elderly parents.   Simply put, many of us we were taking care of everyone but “us” and now, we are scrambling to catch up in a world that with every advancing step we take, the goal moves faster away from us.  But never underestimate a paralegal!  Hear us roar, we are invincible, We Are Paralegals.

             When the hard times came to the legal industry, paralegals were part of the bottom line and many found themselves out of a job - at this stage of the game.  We licked our wounds and began putting together our resumes.  Resumes aren’t the same as we used know them , they are done differently and frankly, we don’t know the new way.  So, we reach out to friends or pay for a resume service so that we can have a resume that meets today’s standards.   

             We are looking for work in a world that is not only overrun with paralegals, experienced and inexperienced but, a world that involves things some of us haven’t had to work with at our previous positions.   We are “experienced” and yet “not experienced.” 

             I am not saying we are Outdated, I am saying a lot has been going on outside the offices we held for so many years and we need to catch up. 

          So, what do we do?  I’ll tell you what you do.  You stand up, brush it off and straighten your back.  You dress professionally and you go out there and you start looking for a paralegal job.  You join your local paralegal associations.  You talk to others who have already been down the road you find yourself traveling and you network.   You join a national paralegal association and you start studying.   You study for CP or RP.  You haven’t studied in a long time but you are A Paralegal and studying (research and analysis) is your life.   You take the test and you pass the test – sometimes eventually – but you pass.  Now you hold a designation behind your name, it proves to all who see it that you are a paralegal that has met the standard.  You are a Certified/Registered Paralegal.

             You start taking webnars, you attend CLEs (required now for your new designation) and you learn more and more.  You feel the ground beneath your feet hardening and becoming more stable.  You become experienced at the new game that is today’s Paralegal.  You just needed to train a bit.  You are back on the track and the starter has gone off!  You are the favorite to win.

             After all, you are you are invincible, you are: A Paralegal!  

The Paralegal Bill of Rights

 

Here's a great post that I caught from the Paralegal Society blog:

In The Paralegal Society’s “social club,” which is hosted on LinkedIn, we decided to have a little fun one day (actually more like a week), and we compiled the following Paralegal Bills of Rights. We wanted to share it with all of you, so you are well-versed in all of your paralegal rights! Remember, as a paralegal, you have the right to…

1. To read the minds of attorneys for the power of all that is good in the legal kingdom.

2. The right to food, family and free time — so long as there isn’t a trial this month.

3. The right to a lunch break, so long as your attorney doesn’t have a deadline.

4. You have the right to utilize the scissors on your desk as a makeshift weapon, so long as you’re willing to do the jail time associated with said usage

5. The right to telepathically give supervising attorneys and clients the ability/suggestion to provide all the information/facts/paperwork needed to successfully draft documents.

6. The right to stamp the head of the supervising attorney or client with the “DRAFT” stamp if number 5 cannot be delivered.

7. You have the right to be treated with dignity and respect by each member of your firm.

8. You have the right to help clients with difficult situations and in turn, an opportunity to earn their respect, trust and gratitude.

9. Pretty darn good pay, decent benefits and some great colleagues.

10. The right to be loomed over by your own, personal dark cloud a/k/a the keeper of the misery (we all know every office has one).

11. The right to an opinion or suggestion about a legal problem, so long as it is the same opinion or suggestion your attorney has about the situation.

12. The right to wonder “how did they DO this before computers??”

13. The right to answer your internal phone line on Fridays with: “The paralegal you have reached is no longer in service. If you feel you have reached this recording in error, hang up and wait until Monday.”

14. The right to mentally answer the incessantly ringing phone “Grand Central Station. Which train would you like? They all jumped the tracks!”

15. The right to tell a rude attorney: “By the power vested in me by the State of Sanity, I declare thee stupid and unruly. You may now kiss my…”

16. The right to always be asked about the one task you didn’t quite get around to performing yet.

17. The right to at attorney (or three) only they aren’t offering legal advice — they’re giving you legal work and fighting about who gets to use you today!

18. The right to a very fulfilling career.

19. The right to participate in pro bono work to make your resume stand out during your next job search.

20. The right to turn out work that meets or exceeds “the standard” each and every time.

21. The right to meet some of the best colleagues and develop relationships that you will carry with you for life.

22. The right to do 12 hours worth of work in an 8 hour work day…did I mention you get that right “every” day?

23. The right to help pull others along once you make it onto the paralegal mountain.

24. The right to remain silent when you are internally SCREAMING as though you are a tea kettle sitting on the surface of the sun!! I believe your last minute pleading is now “ready,” sir. Thank you for the opportunity to be of service.

25. The right to receive another rush assignment that was due yesterday on top of [fill in the blank] assignments you are handling already.

26. The right to mentor.

27. The right to be mentored and advised on your career development.

28. The right to have a sound board/a shoulder to cry when you are frustrated and can’t fulfill your Rights Nos. 1-27.

29. The right to call clients from your home while enveloped in a blanket of illness, to make sure they arrive at their scheduled mediations (today).

30. The right to locate the missing document or file your boss cannot seem to locate on his own desk that are within an arm’s [his arm’s] reach.

31. The right to have the day off for opening day of baseball season….(if you’re lucky).

32. The right to have your attorney take the same week off year after year to go deer hunting.

33. The right to have your supervising attorney look at you like you’ve lost your freakin mind when you advise him that you will be utilizing one of those “fake” vacation days they give you for personal time!!

34. The right to be hospitalized without banker’s boxes and a lap top computer …even if they try to mix them in with a big bouquet of flowers and a nice greeting card.

35. The right to answer your phone “I’m sorry, but the paralegal you are attempting to reach is no longer available. Please try your call again later.”

36. The right to be promptly informed when a case you’ve worked on has settled…and not when the settlement check actually arrives at the office, but prior.

37. The right to use those valuable vacations days AS YOU DECIDE without having to answer calls from the office; alternatively – the right to leave your cell phone at home when on vacation!!

38. The right to know the outcome of the hearing for which you spent untold hours preparing the attorney and supplying appropriate documents, research, drafts, notebooks, etc.

39. The right to keep a four-gallon bottle of aspirin on your desk.

40. The right to answer your phone: “City Morgue, you kill ‘em, we chill ‘em.”

41. The right for a professional training during the internship time period.(l know that in some offices it exists already as a Informal Right, but how about to make it an Official Rule for all law firms–would’ve been more fair?–Just a thought anyway.

42. The right for being more involved in different assignments as an intern.

43. The right to ask for a raise when the supervising attorney tells you how hard it was in the office while you were on vacation for a week

44. The right for your supervising attorney to tell you how hard it was in the office while you were on vacation for a week….lol

45. The right to be treated as an equal and not be called incompetent and stupid. (Why yes, I have a bachelor’s degree and I worked my a** off to get it. I don’t have to be treated like this.)

46. The right not to hear about your divorce client’s sex life – every day when they call.

47. The right to make a run to the nearest store for a “chocolate fix!”

48. The right to NOT be hit on by your client’s wife, while being deposed.

49. The right not to be left at court with the client to talk to the judge about the case by your attorney because “it’s family court” and he doesn’t like family court.

50. The right to walk in the rain to pull your Mustang around while 2 attorneys (wearing Armani suits that apparently disintegrate when wet) wait under a nearby cafe awning.

51. The right to have your attorneys’ poor planning become YOUR emergency!”

52. The right to remake ALL of the exhibit binders when you don’t really look at the first one I give you and decide they are not quite right after they are ALL DONE…all 12 of them. [insert paralegal slamming head down on desk here]

53. The right to be the legal equivalent of a ninja — minus the weird mask.

54. The right to make someone you come into contact with a “special success project” as your own, personal way of giving back to the legal community at large.

55. The right for your boss to act as though a limb has been severed from his body when you are out of the office (for any reason).

56. The right to know exactly where every attorney and/or file is at that particular moment. I’m voting for a smartphone app that operates like the Marauder’s Map.

57. The right to an hour long lunch break with no job-related requests asked of you during that hour.

58. The right to know exactly where the document your attorney needs is located (within the multiple bankers boxes) during trial so your attorney can prove a witness is lying.

59. The right to have your attorney’s calendar linked on your smartphone.

60. The right to impress opposing counsel during a meeting at their office when your attorney asks you what his schedule is like on Monday and you look it up on your smartphone.

61. The right to gain a client’s trust when they have to talk to you instead of the attorney who is busy and you can answer their exact question.

62. The right to say, “No, I don’t want to work on that case that smells like a dead fish. Give it to another paralegal.” Oh that’s right, I’m the only paralegal working here.

63. The right to have forgotten my “Kreskin the Amazing” hat, and know, like everyone in the office, that my Partner goes to Florida every year, the same week, after Christmas, and that even though it is not on his calendar, I should have instinctively known not to schedule a mediation for that week.

64. The right to join The Paralegal Society and help other paralegals on their journeys (and in turn, myself) by contributing, writing, networking, sharing, helping, e-mailing, mingling and interacting with my fellow paralegals!!

65. And last, but certainly not least, the right to share this Bill of Rights with all of the paralegals you know!

A special thank you to each and every one of our “social club” members that participated in the creation of this fun (and very accurate) Paralegal Bill of Rights. We think we did a pretty great job with it, don’t you? Do you think we missed one? If so, please feel free to leave your addition to The Paralegal Bill of Rights via a comment. We’d love to hear it…

Informative Articles, Interesting Blogs.....

Our guest blogger today is Celia Elwell - back with another useful column of Informative Articles and Interesting Blogs:

Legal Articles & Blogs:

2011 a transformative year” for workplace
class action litigation, by Ashley Post, InsideCounsel
http://bit.ly/wE1eT1

D.C. Judge Orders Deloitte To Court In Subpoena Dispute,
posted by Mike Scarcella, The BLT: The Blog of Legal Times
http://bit.ly/ydRSeL

Piggybacking on Students' Free LEXIS Access by Practitioners: "No
can do" says Utah State Bar, Law Librarian Blog
http://bit.ly/wWMHeF

Stop Online Piracy Act Wants Biglaw Support; Biglaw Says, Aw,
Hell No’ by Christopher Danzig, Above the Law Blog
http://bit.ly/zlOlXZ

What Employers and Employees Should Understand About Conducting
Background Checks, by Jason Shinn, Michigan Employment Law
Advisor
http://bit.ly/xDCynq

The Best of the Best of the Best - The 2011 ABA Journal Blawg
100, by Jason Shinn, Michigan Employment Law Advisor
http://bit.ly/vQHd3k


Litigation Tips & Techniques:

Did Mark
Cuban's Attorney Just File Greatest Legal Scoreboard Ever in Ross Perot Jr.
Case?, by Robert Wilonsky, The Dallas Observer Blog
http://bit.ly/lvHt1h

His First Jury Trial, by
Jim Calloway’s Law Practice Tips
http://bit.ly/oXf6U9

Plaintiff “Entitled” to Search Non-Party’s Personal Hard
Drive Pursuant to Modified Subpoena, by K&L Gates Electronic Discovery
Law Blog
http://bit.ly/wKq3TM

Local Rules, Forms and Guidelines of United States District
Courts Addressing E-Discovery Issues, by K&L Gates Electronic Discovery
Law Blog
http://bit.ly/wCsiY8

Current Listing of States That Have Enacted E-Discovery
Rules, by K&L Gates Electronic Discovery Law Blog
http://bit.ly/wpBvYI

Examining Witnesses: Tips from Pace Law Library, by Evan
Schaeffer, The Trial Practice Tips Blog
http://bit.ly/AD81yU

Legal Writing and Research:

Competitive Intelligence - A Selective
Resource Guide - Completely Updated - December 2011, by Sabrina I.
Pacifici, LLRX.com
(Extremely comprehensive - a “must” bookmark)
http://www.llrx.com/features/ciguide.htm

Locating the Law - A Handbook for Non-Law Librarians,
by Southern California Association of Law Libraries (with hat tip to Bill
Statsky!)
http://bit.ly/x1Cfic

Writing Clear and Effective Legal Prose - When to Use the Passive
Voice, by George P. Gopen, ABA Law Practice (with hat tip to Raymond
Ward, the (new) legal writer!)
http://bit.ly/vpFHH9

Your Honor, could you repeat that . . . in plain language?,
Writing Matters, by E-Write’s Leslie O’Flahavan
http://bit.ly/zPmgh9


Website Explores the Evolution of Law and Language at Supreme
Court, by Marcia Coyle, Law Technology News
http://bit.ly/zYikCr

Exemplary Legal Writing - 2011 Honorees, by the Green Bag
Almanac & Reader
http://www.greenbag.org/green_bag_press/almanacs/almanacs.html

CEOExpress (great one-stop site to find all types of handy
links for research, travel, news, etc.)
http://www.ceoexpress.com/default.asp

LawyerExpress (Like CEOExpress above, but with legal slant. See
“user manual” link at bottom of page to maximize use.)
http://www.ceoexpress.com/default.asp

Technology Tips and Tricks:

Review: iPad at Work by David Sparks -
excellent book for attorneys using an iPad, by iPhone J.D.
http://bit.ly/yNUzug

Ten Essential Classes of Websites for Lawyers, by Jim
Calloway’s Law Practice Tips Blog
(Another “must” bookmark!)
http://bit.ly/vQ7x7F

Six Tips to Safeguard Your Mobile Devices, by Albert
Barsocchini, Law Technology News
http://bit.ly/xwKPfo

TRUSTe's 2011 Website Privacy Index, by Law Librarian Blog
(with hat tip to Sabrina I. Pacifici!)
http://bit.ly/wDYr82

Law Office Management & Ethics:

Social Media Networking For Lawyers: A
Practical Guide to Facebook, LinkedIn, Twitter and Blogging, by Simon
Chester and Daniel Del Gobbo, ABA’s Law Practice
http://bit.ly/v4qApW

Social Media Management Tools, by Jim Calloway and Catherine
Sanders Reach, ABA’s GP Solo
http://bit.ly/zlOlXZ

About 1/3 of Law Firms Plan to Hire in 2012

Well, here's a breath of fresh air.  According to the Denver Business Journal, a Robert Half Survey found that 1/3 of law firms surveyed are planning on increasing their attorney and non-attorney staff in 2012. 

Of course, the Negative Nellies can interpret that to say that two-thirds of law firms surveyed do not plan on increasing staff in 2012.  Is the glass half-full or is the glass half-empty?

According to the survey, about one in three law firms and corporate counsel nationwide plan to add legal staff in the first quarter of 2012, according to the quarterly Robert Half Legal. The survey found that 31 percent of lawyers interviewed plan to add staff in the next quarter, while 4 percent plan to cut personnel.

The net 27 percent increase in projected hiring is up 3 points from 24 percent in the previous quarter’s forecast. But the really good news is: Lawyers, paralegals and legal secretaries are the three most in-demand positions.

The practice areas expected to see the most growth in the first quarter are bankruptcy and foreclosure, litigation, labor and employment law,“Although law firms continue to have a cautious hiring outlook, they’re optimistic enough about their prospects to want to add full-time staff in key legal and support positions that bolster growth,” said Charles Volkert, executive director of Robert Half Legal. “They continue to focus on hiring senior- and partner-level lawyers with substantial books of business and expertise in high-demand practice areas, such as bankruptcy and foreclosure, litigation, and labor and employment law.”

Still, lawyers’ confidence in their companies’ prospects for growth is down slightly, with 73 percent of lawyers “somewhat” or “very confident” in their companies’ growth opportunities, down from 82 percent in the last quarter.t was conducted by an independent research firm and is based on telephone interviews with 100 lawyers at law firms with 20 or more employees, and 100 corporate lawyers at companies with 1,000 or more employees. All of the respondents have hiring authority within their organizations.

Paralegals, Mind Your Manners

 Stayce Wagner, an intellectual property litigation paralegal with over 15 years of experience, joins us today with a guest blog.  Read about Stayce in the January issue of KNOW Magazine for Paralegals.   Find out how a former Ms. Black World California turned paralegal leveraged her background into an interesting and exciting new career. Enjoy!

The First Rule of Etiquette

The sheriffs and movers who refused to evict 103-year-old Vinia Hall and her 83-year-old daughter from the Atlanta home that they have shared for fifty years understand.  They understand that having good manners isn’t always about power handshakes and proper introductions.

Sometimes, demonstrating good manners is just about doing the right thing.  Yes, being able to identify your oyster fork at a formal business dinner is a very good thing, but it will ultimately serve no purpose if you don’t treat others with kindness, understanding and respect. In my etiquette practice, I call the philosophy of making kindness and consideration the top priority in your interactions with others “The First Rule of Etiquette.”

I had the privilege of being the granddaughter of a woman whose life embodied this rule.  My mother's mother was not a rich lady, but she was a great lady.  The home she shared with my grandfather was modest in size, but her heart was large and full of love. 

I can still see and smell the ever-present freshly baked coconut cake (and the yellow cake with chocolate icing for those of us who did not like coconut) sitting on top of the deep freezer in her kitchen waiting for whomever was going to have the pleasure of being in her company.

There was no such thing as an uninvited guest in my grandmother’s house.  Neighbors, friends and family would drop by on a seemingly daily basis - and at odd hours - confident that they would be received with a smile.  And whether the visitor stayed five minutes or an hour or two, my grandmother would stop whatever she had been doing before they arrived to happily entertain and feed them until they were ready to leave.  Her sweetness and warmth made every guest feel as if she had been waiting all day just to see them.

When she passed away, it was standing room only at the church where she had been a member for forty years. Generations of family and friends crowded into the little church to honor the woman who had made each of us feel special and loved.  

My grandmother understood.  She knew that the foundation of good manners is not in a handshake or a greeting.  Rather, it is in the kindness and consideration that you show to others.  It is in the love that you share. 

Happy Holidays!

Stayce Wagner is the owner and founder of Spencer Crane Etiquette, LLC, located in Los Angeles, California.  Spencer Crane Etiquette is dedicated to teaching the art of using business etiquette skills to advance careers and to build productive and pleasant work environments. SPENCER CRANE ETIQUETTE, LLC LLC swagner@spencercrane.com

 

Paralegal Allegedly Forges $285K Law Firm Check to Put Down Payment on $3M House

Boy oh boy.  We've heard everything now.  And I mean everything.  If you're not in California, you may not have heard about the Newport Beach, CA  paralegal who allegedly stole a $19,000 check written to  her law firm and turned it into a $285,000 check for herself and her pal, an elementary school teacher.

After the check was deposited into a joint account for the paralegal and the elementary school teacher, authorities say, the two friends flew to New York City with friends in a chartered jet and went on a spending spree, according to the Los Angeles Times and the Murrieta Patch.

However, it wasn't all about diamonds and expensive toys: In addition to shopping at Montblanc and Tiffany & Co., the two also allegedly used two fraudulently obtained cashier's checks to make a $233,000 deposit toward purchasing a $3.7-million, 11,000-square-foot home in Murrieta, Calif.

It isn't clear how they might have expected to qualify for a mortgage or make payments, but Detective Greg Faessel of the Cypress, Calif., police, whose department investigated the case, said the women simply wanted a luxurious home in which to spend the holidays and hoped to rent it prior to closing.  I suppose they figured they could work a little overtime to make the house payments and pay the utilities.

The spree ended when the bank on which the $19,500 check was drawn rejected it for payment, authorities said. The two women had to return to California on an ordinary coach flight and are now being held in case in lieu of $285,000 bail each.

If they make bail, they must prove the source of the funds.

Neither television news nor in the articles could we find any comment from the women or their attorneys. The defendants are charged with forgery, grand theft and grand theft by embezzlement.

Maybe it would have been better to just wait for a year-end bonus and go to the Holiday Inn.  Much less hassle.

 

New LitSupport Survey Shows Managers Get Big Bucks

The Organization of Legal Professionals (OLP) has been surveying Litigation Support Professionals to uncover interesting insights and valuable facts to help LSPs make the most of their careers.  The survey, sponsored by ZyLab and Career Numbers, is unlike traditional salary and utilization surveys. The survey is left open to regularly update the information and release new and interesting insights.  Additionally, OLP/Zylab will continue to provide free access to the updated results to each person who completes the survey. 

The Organization of Legal Professionals (OLP) is a non-profit organization providing continuing legal education and certification exams to the legal community.  The organization offers courses in eDiscovery, litigation support, project management and other timely topics.  OLP also offers over 40 scholarships per year to long-term unemployed legal professionals. 

The goal of the survey is to empower legal professionals to make the most of their careers by providing personalized career information, giving them better insight into the implications of their decisions. Companies are using data to earn larger profits, sports teams are using data to build better teams, and now it’s time for law firm employees to start using data to make the most of their careers.

The survey replaces generic statistics such as “people with law degrees earn, on average, 20% more over their careers than those with Bachelors degrees” with smart comparisons, such as “people like you (based on your education, experience, career goals, work ethic, and more) earn, on average, 34% more over their careers by attending a top 25 law school program, feel 42% more satisfied with their career, work 6 hours more per week, and feel 14% more stressed.”

The survey has been completed by almost 300 firms across the U.S. 

Here are some of the many insights uncovered to date:

• Nearly three-quarters of Litigation Support Professionals (LSPs) reported being paid an annual salary with the average salary equal to $75,700.
• The average Litigation Support Manager earns $111,000 per year while their direct reports average $89,300 of total compensation per year.
• 65% of LSPs received an annual bonus, and a super majority reported that the size of their bonus was based on merit and/or their employer’s success. 
• The average annual raise was 3.1% this past year, with the highest and lowest earning LSPs receiving the lowest annual raises on a percentage basis.
• 55% of LSPs agree or strongly agree that their employer’s technology makes it easy for them to do their work well, while 27% say that their employer’s technology is antiquated or somewhat antiquated.
• Nearly 32% consider themselves satisfied with their positions while almost 30% are dissatisfied with the recognition that they receive.
• More than half of LSPs believe that their employer’s reputation is within the top 20% of their industry.
• 55% are satisfied to moderately satisfied with their work/life balance and over 70% are moderately satisfied to satisfied with their boss.
• LSPs consider on-the-job training to be the most valuable training method, followed by Webinars, Seminars, and then Self-Study.
• Two-thirds of LSPs are satisfied or mostly satisfied with their career, while only 51% are satisfied or mostly satisfied with their compensation.
• 62% of LSPs have a private office while 52% have an office window.
• While less than 10% of LSPs are actively looking for a new job, the majority are open to better employment opportunities.

Summary:  Hot! Candidates are paid well, the work is interesting and while LSP’s do not feel they receive as much recognition as they would like, it appears to be an area of strong consideration for those with excellent technology background even without legal knowledge.

This is a small portion of the insights that are available to participants who have completed the comprehensive salary and utilization survey.  OLP/Zylab will continue to update the information, so check back quarterly for updated reports and new insights. For more information or to participate in the survey, please visit www.theolp.org.  For more information regarding ZyLab, go to: www.zylab.com.

Mayo Clinic Legal Dept. Says Paralegals Are Awesome

OK, they didn't exactly use the word, "awesome" but they may as well have.  In an interview with Corporate Counsel magazine, Jonathan Oviatt , chief legal officer of the Mayo Clinic, revealed that crunching the numbers has led in-house legal departments to rely more and more on legal support staff rather than attorneys.

The ratio of lawyers to non-lawyers on its staff is a key metric for demonstrating to his corporate bosses that the legal department is doing its part to keep expenses down. "I use that in demonstrating value to the C-suite that the legal department is focused on delegation of work to the least-expensive competent level, and that implies increased utilization of paralegals and increased use of contract managers," Oviatt says. "We've actually decreased our total lawyer head count, but we've transferred some of those same dollars into increased legal assistance and contract managers in our department."

The Mayo Clinic has significantly grown its in-house legal department and that includes paralegals.  The department has 35 attorneys and 80 legal staff. By distributing the work appropriate to the skills, the most highly qualified members of the legal department, obviously the most experienced lawyers, can focus on the more important cases.

 "We've reduced 2.4 attorneys over the last three years through attrition, " says Ovitz. "In general, we've transferred those positions and that expense into higher-leveraged positions, paralegals, and contract managers. I think these numbers just show the learning process that's gone on across legal departments where we've been in either flat or decreasing budgets but where we don't have the luxury to hire.

Generally, if you're hiring, it's because you've had some attrition and have the opportunity to fill a position if you can get it approved. And then in terms of the experience that we're looking for, the three to seven years, that's certainly what we're normally looking for at a minimum when we hire."

The Mayo Clinic boasts roughly a 1:1 ratio of lawyers to paralegals/administrative staff.  Ovitz plans to be increasing the number of nonlawyers further.

Just when you thought lawyers were taking the place of paralegals..........

Explaining your job to your kids - A new book for paralegals

Here's a good question for you:  How do you explain to your child what you do during the day at work? It's hard enough to explain the paralegal career to adults.

According to parenting.com, until the child is about three years old, "Mommy is going to work" is about all they can understand.  However, after that, when they're asking "Why is the sky blue, why is the grass green?" it starts to get a bit complicated.  Work is hard to visualize and a position where you aren't exactly physically making a product you can bring home to show them is even harder.

Bringing a child to work is one way of showing what you do. However, letting a 4 year-old wander around the office is not always a great idea - particularly when they want to touch and feel everything, play with the stapler and hide in the bankers boxes.

Enter "My Mommy is a Paralegal" by Loni Morganelli.  This charming, 26 page book is an appealing story about a little girl who explains what her mother does everyday after the little girl is kissed and dropped at school. The delightful illustrations explain what an office looks like, the kinds of things mommy does when she is at her desk and who she works with.  It's the kind of book that causes you to cozy up to your kids and share precious bonding time.  Don't let the shortness of dialogue fool you: there's plenty of descriptive information that connects perfectly with the illustrations to give kids a good idea of what goes on during mom's day.  The book does not neglect to highlight how important the child is to the mother and how special the relationship is - work does not get in the way parenting.  It's a good "take-away" feeling that leaves you with a warm glow and actually renews your faith in what you do.

Suggested ages:  3 - 7
Available in soft cover and via internet only
$21.95 plus shipping
Makes a great holiday gift 
You can purchase the book at lulu.com.

 

7 Habits of Highly Unsuccessful Paralegals

Today's guest blogger is John Featherstone, author of "Start Hiring Winners".


They don’t listen: It isn’t enough to just hear your boss when being addressed. Look at the person talking, and focus on what is being said so you can understand the message.

They don’t follow instructions: When receiving an assignment, write down the instructions. Carry paper and pen with you at all times so you can write down instructions and good ideas as they occur.

They don’t complete work assignments: If you run into difficulty, ask for help in time to meet the deadline. Don’t just set the project aside until your boss asks about the status.

They don’t work to priority: Establish priorities with your boss at the time of assignment. We all want to work on projects we like, and that’s OK some of the time. But the majority of the time must be spent on tasks with high priority and approaching deadlines.

They don’t keep the boss informed: Plan to meet with your boss once a week and review progress and any problems that might result in delay. Whatever you do, keep your boss informed. No one likes surprises, especially your boss.

They don’t understand the job: Make sure you understand what your duties and responsibilities are. If there is no job description, then write one and review it with your boss. Know what your boss expects from you.

They make up excuses: Problems will arise and mistakes will be made. Learn from them, figure out a way not to make the same error again, and get on with the solution. Forget about making excuses, because it only diminishes your worth to yourself and the company. Instead, ’fess up quickly.

Thinking about leaving your job? It may be time for a reality check.

Two of the greatest attributes most paralegals possess are dedication and loyalty to the profession.  Many come to this field as career changers, having had successful jobs in totally unrelated fields.  Making the decision to leave your current position is a tough one that cannot be made lightly.  It can be a joyous decision or one fraught with pain and anxiety.  Changing jobs is one of the most stressful activities a professional can undertake.  Stress surveys rank it almost equally with a death in the family.

    Often you felt trapped in your present position because you may think that no one else will hire you, the market is crummy or that your work experience is so unique that your career choices are limited.

    Let's shatter that myth at the outset.  Once you understand that you have choices and you can leave, you are no longer a victim of your situation.  You are then free to stay or move on.

    Many paralegals inadvertently underestimate their skills and abilities.  The way you talk about your skills many not convey the strength of your capabilities well enough to the interviewer or "consumer" who is in the position to "buy" what you're "selling." If you are one of these paralegals, you may often encounter resistance from potential employers when you seek to make a substantial career change because you can't convince her that you are the right person for the job.  This leads to discouragement, frustration and the mistaken belief that you had better stay right where you are.

    The reality is that as a highly skilled professional, you have valuable skills to sell, both inside and outside the legal profession.  Once you understand your own strengths and their value, you will be able to sell yourself virtually anywhere.

    In the career seminars that I've conducted, participants have cited the following reasons for wanting to leave not only their jobs but at times, the field itself:

•     Salary cap
•     Stress
•     No respect from attorneys
•     Unrealistic billing requirements
•     Unclear directions
•     No feedback
•     No recognition
•     Lack of career path
•     Too much travel
•     Routine and repetitious work
•     No decision-making authority

These same participants also cited the positive aspects of working the legal field and, interestingly,there were some clear-cut contradictions.  Those positive aspects included:

• Intelligent co-workers
• Pleasant working environment
• Acceptable salaries and bonuses
• Challenging assignments
• Stress-less travel
• The "buck doesn't stop here" attitude
• Respect from colleagues and supervisors
• High energy work

Taking charge of any career is difficult, and this is particularly true for paralegals.  Trying to zoom up a career ladder that has yet to be fully defined - in a role that is still trying to define itself - is like taking aim at an invisible target.  You may think you've hit it but no one can really be sure.  When you attempt to make any kind of change in such a fluid field, it can appear that your options are limited.  The reality is that because this is a relatively new field, you have the power to shape, mold and make your career work for you. 

 

Are Good Manners A Requirement for Business Success?

Guest Blogger: Stacey Wagner

 

“Respect for ourselves guides our morals; respect for others guides our manners.”  Laurence Sterne 

As I sat down to write this business etiquette blog for The Estrin Report, I wondered, are good manners a requirement for business success?  Not surprisingly, the answer is an unequivocal no.  Anyone who has worked in corporate America can effortlessly think of at least two people who are rude and inconsiderate, but who are nevertheless wildly rich and successful. 

 What is the point of good manners, then, if you can succeed with bad manners? 

 The point of good manners is simple: people prefer to work with and for others who treat them with consideration and respect.  Yes, fear and manipulation have been used to great advantage by many in the workplace, but the effectiveness of such tactics is always short-lived.

 Americans are tired of the success-at-any-cost business model and are again embracing good manners as the foundation for success in business.  Although housewives, meatballs and mean spirited music moguls can be entertaining, we have decided that they are not who we want to define us.  We, thankfully, are choosing calm over chaos, nice instead of nasty and poise over posturing.

 With this in mind, I offer ten of my favorite business etiquette basics.  You will see that these are not new ideas.  I hope, however, that you agree with me that these are good ideas.  And while I admit that following these guidelines will not guarantee your success, I can promise that they will firmly place you on the road to success, which, as any truly successful business person will tell you, is half the battle.

 1. Show Respect for Others.

Liberally use the magic words that you (hopefully) learned as a child: please, thank you and excuse me. They are universal crowd pleasers.  Use them often and sincerely and everyone around you will smile and you will be regarded as thoughtful and well-mannered. 

2. Practice Restraint When Sharing Personal Information.

Sharing some of life's personal events with coworkers can be both healthy and fun.  But, please avoid over-sharing, which may make others feel uncomfortable and can put you in the position of being identified by potentially embarrassing personal information. What is over-sharing?  Here are two examples of sharing v. over-sharing: 1) Sharing: your wife gave birth to a baby girl.  Over-sharing: your wife gave birth to a baby girl who is the spitting image of your best friend, Donald. 2) Sharing: you need to tend to a personal medical emergency. Over sharing: you think your new tattoo may be infected. 

 3. Practice Good Grooming and Hygiene.

Please come to work dressed as if you mean business. There is no need to break the bank – clean and neat is always fashionable.  My favorite trick is to buy the best suit that you can afford and wear the pieces as separates.  You are now appropriately dressed for any business casual situation, and you have a suit available if you need a more polished look. 

  4. Promptly Respond to Email and Voicemail Messages.

You will be beloved among your peers for prompt, concise responses to their inquiries.  Throw in spell check for email responses and create a list of topics before returning telephone calls and you just may reach Superhero status.

 5. Present a Positive Attitude. 

Enthusiasm really is catching. Try to see the positive in your work experiences.  A positive attitude can make you appear competent and trustworthy.  Don't enjoy a particular assignment?  Look at it as an opportunity to showcase your skills.  Don't like working with a difficult team member?  Take it as a valuable lesson in dealing with negative personality types in the workplace. 

 6. Practice Punctuality.

Be on time to work.  Every day.  Not everyone notices when you are on time, but everyone notices when you are late.  Even if your job schedule is flexible, try to arrive at the same time every day so your coworkers and managers know what to expect from you and when they can reach you.  Being accessible is an easy way to build solid relationships at work.

 7. Use Positive Body Language.

Mother and Father were right: stand or sit up straight, make eye contact when talking to someone.  Uncross your arms.  Offer a dry, firm handshake when meeting and greeting others.  Good eye contact and a firm handshake will make others feel comfortable around you.

 8. Listen. Listen. Listen.

Take off your headset, put down the smartphone, don’t review documents or multi-task on the computer.  Listen to what is being said to you. Pay attention. You cannot communicate effectively with others if you are not listening.  If you are not communicating effectively, you will not succeed in business.

 9. Remember that Corporate Sponsored Events are Work Events.

If your company or client is sponsoring the event, you are still at work and all of the workplace rules apply even if it is Saturday and you are at a theme park.    You don't want the office talking about your drunken rant or dance moves for years to come.  A cautionary word about Karaoke:  I don't know why companies offer this career side tracker at work functions, but if you must get your sing on, choose one or two appropriate songs only.  Save your version of Rihanna's "Rude Boy" for Girls' Night Out.

 10. Practice Good Table Manners.

Landing an invitation to lunch with your boss, while common in the 21^st century is still an honor.  Be prepared so you can feel confident and showcase your ideas instead of highlighting your bad table manners.  Yes, you may get a second invitation in spite of your bad table manners, but why take the risk? 

 Eliminate cringe worthy bad habits such as talking with food in your mouth, wolfing down your meal, double dipping, and using your napkin as a handkerchief.  Never order the most expensive item on the menu even if you are told to choose "whatever you want."  And it goes without saying that you should never use your cell phone at the table.  

 Enjoy this classic bad table manners scene from the sitcom King of Queens.  Hopefully, you will not recognize yourself in this video.  If you do, give Spencer Crane Etiquette a call!  I can help.

 http://www.youtube.com/watch?v=unXKYK0uRJ8

 

Can You Say Millennial? Law Firm employees learn to all get along.

                 At a dinner the other night, I realized (possibly for the first time) that generational differences in communication absolutely existed.  It started when a group of Millennials at the far end of the table were discussing Kardashian’s spilt from her husband of 72 days, the reported $17 million earned working up towards the $10 million wedding (netting an assumed profit of $7 mil to get dressed up and have a little fun) and whether the whole thing was fake or real.  

                In the meantime, at the other end of the table, a group of  Baby Boomer friends began to chat about issues of the day that were important to them:  Zantac, Phazyme and Breathe Right Strips. 

    What brought my sudden awareness about was a book I was asked to review by Jim Finkelstein, called “Fuse” that talks about the differences between employees fresh out of school and their more seasoned counterparts.  Until dinner of the other night, I had pretty much been ignoring the mashup that fuses the experience and command of Boomers with the techno-smart and boundary-less thought of Millennials.

                “Know thyself,” the sages advise.  And they also like its corollary, “Know thy neighbor.” Excellent advice if you are a paralegal working in a law firm that brings on both Boomers and Millennials – a sure thing if the firm recruits first years. Here is one place where the more you know, the more effective you become.

                If you are going to exist in today’s legal field, you’re going to have to work with both Boomers and Millennials.  The differences in learning experiences result in differences in characteristics in the workplace. Boomers methodically learned the facts they would need to pass the test.  Millennials learned  through constant connection, multitasking, co-creation and shared experiences.  They use experiential trial and error, constantly check their network feedback and actively create the learning experience.     

             Finkelstein offers some tips on how to work together.  After listening to the folks at dinner, I decided that I had better pay attention. So, with an extra Zantac and the expectation that my Breathe Right Strip is waiting patiently for me on my night table, I share these valuable tips for working with Millennials in your firm:

                1)            Don’t expect everyone in your firm to immediately embrace Millennial attitudes.  As Beck and Wade, authors of Got Game say, “Reality changed much faster than our attitudes.” Make sure you and your firm’s attitudes are up-to-date.

                2)            80% of Millennials dislike their jobs. The average Millennial will have 8.6 jobs between the ages of 18 – 31.  Revamp your employee reward and recognition programs. Rewards that please Millennials will probably cost less but mean more:  time off, flextime, pro bono work, networking opportunities and concert tickets are great motivators.

                3)            Embrace some failure.  It is a sure sign that Millennials are learning. Millennials also want EQ (Emotional IQ) – an emotional connection to their employers, work and colleagues. Millennial-friendly firms are empathetic.

                4)            Smart firms assign Millennial employees to make their presence known in the social media sphere.  They constantly update social networking sites with what’s hot in the organization and what socially responsible issues the firm cares about.

                5)            The average Millennial works just six hours per day. You can set minimum billable hours of 1800 per year but getting them may pose a problem.

                6)            Provide simple pleasures. Invest in a Wii or a Ping Pong table. Watch your employee satisfaction scores climb. Instant gratification keeps on giving. Stock upon movie tickets, Peet’s Coffee gift cards and other small tokens of appreciation. Give them out the minute you see Millennials doing something noteworthy.

                7)            Pay for performance is the compensation system the Boomers typically use to set and increase pay. It doesn’t work for Millennials. Paying for potential (an entire different post) is the way to motivate Millennials.

                 8)            MIllennials speak bluntly, question everything and are not obsequious. For Boomers, this can be frustrating. If you want to learn more about how Millennials communicate and think, access the same media they do. Read Wired, The Onion, www.io9.com.  Watch The Daily Show, The Colbert Report. Listen to top playlists on Apple’s iTunes and www.BlogTalkRadio. Browse through YouTube.

    Report. Listen to top playlists on Apple’s iTunes and www.BlogTalkRadio. Browse through YouTube. Read HuffPo or Perez Hilton.  And for heaven’s sake, sign up for Twitter.

                9)            Get on Facebook.  Millennials see the world, get their news, connect with peers, shop, play games and share their lives here.

                10)          Appreciate the differences. If you are a Millennial, learn the language of the Boomers. Millennials are not afraid to jump ship.  Woo the ones you want to stay but avoid employee relations reruns.  The workplace is not a democracy.

Fired at Fifty: It Can Happen to You

FIRED AT FIFTY

by Tucker Mays and Bob Sloane

This article is written for you and the thousands of others across America who are age fifty or over.

The unemployment rate for this age group is now higher than that of any other and at the highest rate since the depression. Why is it that America’s most skilled and experienced workers struggle to find work? Although they will never admit it, most recruiters and companies admit privately that they are significantly less interested in hiring executives when they reach the age of fifty. There are many reasons for this bias but the most important are: inflexible management style, difficulty reporting to a younger boss, high compensation needs, and lack of computer skills. In order to overcome these objections and maximize your experience, you need to follow a three-step plan. First, prepare counter arguments against these four objections. Second, leverage your age as an asset. Third, revise your job search tactics.

 I. Overcome Objections

Management Style
During interviews, discuss how you modified your management approach to fit different challenges in different business cultures. Specifically, describe how you had to revise your style when working on special projects that required you to adjust to changing priorities, make quick decisions with limited information, produce results with fewer resources, and manage an ad hoc team of individuals who did not directly report to you.

Younger Boss

Cite examples during your career when you enabled a younger superior to succeed, grow and advance their careers. During an interview, emphasize that you will manage what your boss wants to get done now, so that he or she will have more time to work on what should be done in the future. Also, convey that you are as committed to their success as well as your own.

Compensation Needs

                You will have a significant advantage over younger job candidates the more you are willing to accept less salary up front in exchange for a greater performance based bonus. Companies prefer individuals who are willing to take some risk to prove themselves, and ‘bet on the come”. For legal professionals over 50, compensation flexibility can be a key factor in getting a job. A reduction of up to 20 percent from your previous salary is reasonable.

Technology Skills

                As every aspect of business continues to be impacted by our fast changing technology environment, it is important that you know the latest technologies that are specific to your specialty, whether it be general management, marketing, finance, operations or HR. To do this, attend industry or functional group training programs or conferences, and consult with trusted colleagues in your field.

II. Make Your Age an Asset

                At age fifty or over, you have developed special abilities, highly valued by firms that offer significant advantages over less experienced younger legal professionals. These are problem solving, people management, judgment, and leadership.

Problem Solving

                Since you have faced more challenges and solved more problems, you can solve most problems faster than younger job seeking competitors. This is a critical skill companies are in urgent need of in today’s fast paced world.

                Therefore, find examples where you quickly identified key drivers slowing impacting performance, and developed solutions that achieved improved results in record time. Examples might be ncrease in billable hours, cost overruns, or declining quality control.

People Management

                By the time you reach age fifty, you have discovered how to quickly and accurately assess who sgive examples of people you managed who went on to successful careers, and others who struggled, but flourished when you changed their responsibilities to better match their abilities.

Judgment

                 From who to fire and who to hire to where to cut and where to spend, you’re in a better position to make the right decisions than most who are younger than you and less experienced. You can further strengthen your candidacy by discussing decisions you made that others either avoided or doubted that were successful.
            
Leadership

                 As few individuals are born leaders, this critical trait takes time to develop. Accordingly, most executives over 50 will poses greater leadership credentials than their younger counterparts. It is important during interviews to describe examples where you led cross functional teams, initiated new program and projects, spearheaded a company’s shift in anew direction, or motivated your people to achieve record results, decide who should stay and who should go, and how to make those who stay even better. When interviewing,

            Finally, job seekers over fifty must understand that the job search strategies which worked for them during their thirties and forties are no longer as effective. They should not rely on recruiters, friends, and published job leads to find jobs in growing firms.

III. Change Your Search Strategy

Recruiters

                Executive recruiters now account for less than 10 percent of all job opportunities, and have a reluctance to recommend unemployed executives over fifty to their clients for the reasons previously addressed in this article. Therefore, you should spend no more than 10 percent of your time working with recruiters, and only engage with those you know, have worked with, or to whom you have been referred. Spend no more than 10 percent of your time working with recruiters, and only engage with those you know, have worked with, or to whom you have been referred.

Published Job Leads

              The competition is so intense that you should only respond to leads with job specifications that are close to a perfect fit with your skills and experience. Given the low probability of gaining a job via this route, spend no more than 5 percent of your time responding to published job opportunities. Network to the unpublished job leads, for which there is far less competition.

 Target Companies

                Larger firms usually have built in succession plans and hire from within nearly 90 percent of the time. In contrast, smaller firms usually hire talent from the outside as they grow.

                 Further, there are 20 times as many law firms in the U.S. with revenues of under $100 million as there are above. They are less concerned with your age, highly value your experience, and make faster hiring decisions. Therefore, focus your search efforts on smaller firms. In order to overcome the strong job market bias against hiring professionals over 50, you must develop compelling arguments to counter job market concerns behind the bias, cite the key reasons why your age is an asset, and use different job search strategies in order to find you next job faster.

Tucker Mays and Bob Sloane are Principals of OptiMarket LLC, an executive job search coaching firm they co-founded in 2001 to help executives over 50 find their next job in the shortest time possible.

                Tucker and Bob have co-authored the book, Fired at 50: How to Overcome the Greatest Executive Job Search Challenge. For more information, visit their web site at www.optimarketllc.com.

The Game Changer for Paralegals

Anyone continuing their legal education encounters opened doors to new adventures and opportunities that are closed to those without the same benefits.

The value of continuing legal education increases every year. Without a college degree, including a degree from two-year program, the prospects of finding a high-quality job with excellent earnings is difficult at best. Without a certificate in this marketplace, the prospects of finding a great job decrease even further.  The level of education for the average paralegal in the United States is increasing, making it essential to complete additional education beyond a paralegal certificate.

Back in the "old days" which can mean going back a mere six or seven years, a paralegal with a degree and certificate who demonstrated solid paralegal work experience, could pretty much be assured that she would find a job should the need arise.  Paralegals without either a degree nor certificate but who demonstrated years of experience, generally did not have to worry about going back to school in order to get a decent job.  With the advent of this current recession, all of that changed significantly.

Nowadays, even if you have a stellar resume, it's tough to get a job.  I hear from paralegals all over the country who tell me of the difficulties they are having.  One paralegal in Los Angeles is living in a motel and fighting the foreclosure of her house; another high-profile paralegal in the midwest who is considered an icon in trademarks, was laid off from her in-house position in June and has not found a position; and yet still another, with 26 years of experience has been laid off and out of work for a year.

These and other paralegals are missing one strong component for a productive and short job search: nothing in their resume indicates recent updating of paralegal skills.  Nothing.  While it is true that they are mid-level and senior paralegals, job duties listed on a resume do not always indicate the paralegal has made the effort to keep his skills fresh and up-to-date.  Simply the fact that you are working does not indicate that you have taken on new challenges nor increased your knowledge every year through a planned approach to stay current.

With the high level of education for the average paralegal today, law firms can be selective in who they hire. This means, more often than not, paralegals with a college degree are hired before those without a degree. This increases the value of continuing legal education.

Most people have heard of law firms closing overnight and layoffs without prior notice. This is another reason why it is essential to remain current in job skills, along with pursuing education in the latest trends and techniques related to the paralegal field. Waiting until a firm closes its doors or passes out layoff notices, may lead to long term unemployment.

According to a news release by the Bureau of Labor Statistics (Number of Jobs Held – A Longitudinal Study, June 27, 2008) the average person changes jobs 10.8 times during the ages of 18 and 42. These numbers indicate employment stability is unsteady at best for everyone, including those with college degrees and paralegal certificates.  Here is another reason why the value of continuing education remains a positive career step for paralegals.

However, the success of any paralegal is based strictly on personal performance, determination, and responsibility. Everyone in the workplace today needs continuing education because education is a valuable asset which should never be taken lightly. Obtaining additional education opens doors which remain firmly closed for those with less education.

These facts lead to the question - "Is there real value in continuing education?" The answer, Yes!

You have options when pursuing continuing legal education.  Here are five of many:

When people hear continuing education, they often immediately think of college. However, pursuing a bachelor, master's, or other degree is not always the answer. Consider a certificate program or a single course designed to improve paralegal skills. For example, completing an eDiscovery course increases your value to an existing or potential employer.  Planning for continuing legal education is essential to success, along with selecting the right courses.

When employees go back to school, they offer more expertise and value to their law firm or in-house legal department. This is why many employers help with the cost of continuing legal education. Some employers even offer courses on-site, because they understand the value of continuing education. Before beginning any continuing education program, check with your firm's human resources office to find out what support is available.  You might be pleasantly surprised.

Look to Your Community

Community colleges, paralegal programs and associations often offer low cost paralegal education courses. These courses generally focus on specific skills – anything from using a particular computer program to going to trial. Practice specialty courses are offered that often a paralegal can use to move upward on an often invisible career ladder.

Remember Scholarships.

When the economy is on a downturn, many continuing legal education courses and paralegal programs actually increase. This is because people want to position themselves for better jobs when the recession begins to loosen its grip.  Some CLE courses offer scholarships to attract students or tuition assistance programs designed to support paralegals who have been laid off from their jobs.

Two  good examples are the Paralegal Knowledge Institute and the Organization of Legal Professionals (OLP).  (Disclosure:  I am involved with both entities. I cite these two organizations as these are the ones in which I have the most knowledge.)  In the past year, OLP has given approximately 40 scholarships to paralegals who have been laid-off long term.  Paralegal Knowledge Institute has also given a significant number of scholarships.

Beating the Cost of Textbooks

Textbooks, particularly those in the legal field,  increase the cost of continuing education. Pursuing online approaches to purchasing texts or materials cuts the cost.  You may also find used texts.  You can also check the book out from a law library or even borrow one from a former student.  Ask the instructor for referrals.

Earn Extra Money for Continuing Education

If eligible financial aid is not enough to pay for classes or you cannot find scholarships, consider earning extra money in a side job to use exclusively for continuing education. Options range from getting a part-time job, starting a home-based business, or taking on freelance work. For example babysitting, dog walking, starting a website to earn money, or even renting out a spare room.  It's not as difficult as you may think.  For more information on how to become a freelance paralegal, check out the National Association of Freelance Legal Professionals (www.naflp.com)

Making Connections

There are a many options for people who perceive continuing legal education as too costly during a recession. Taking steps to improve your employment and financial future is important to overcome the impact of a recession. The benefits of continuing paralegal education for all paralegals are tremendous to improve and protect your situation and beat a recession and difficult and challenging marketplace.

Courses, webinars and seminars you should check out:

The Paralegal Knowledge Institute offers webinars, annual subscriptions for your entire paralegal department for one flat tuition, seminars and other educational opportunities including:
eDiscovery Basics: A Short Course (starts tomorrow - sign up today and get the discount)
eDiscovery and Record Keeping
Paralegal's Role at Trial
Bankruptcy
Litigation Support 101A
Trial Presentation for Paralegals
Three C's of Legal Writing
and over 100 webinars per year.

OLP offers courses in:
eDiscovery 101A
Advanced eDiscovery
Trial Presentation
International eDiscovery
Identification, Preservation & Collection
and over 100 webinars per year.  You do not need to be a member of OLP to take its courses.  However, membership that gives you over 100 webinars free per year is only $95.00 per person. You can't beat that anywhere.

Happy learning!

How to Handle a Group Interview and Live to Tell the Tale

By Chere Estrin and Carla Haney, CP, MBA

Congratulations! You’ve made it to the all-important interview. Now it’s time to take a deep breath, give yourself a little pat on the back for your success to this point, and get to work. If you’re heading to a panel or group interview, you’ve got your work cut out for you.

One-on-one interviews are challenging anyway, but when you add multiple interviewers with different personalities, perspectives, and candidate requirements, it’s a whole different ball game. You’ll have to prepare in more detail, work harder to develop rapport with each of your interviewers, and convince each of them that you’re the best person for the job; and you’ll have to do it all at the same time.

Tip #1: Do Your Homework

Before going to an interview, it’s important to know three things: the company/firm, position details, and the interviewer(s).  

When researching the firm, find out its size, number of offices, reputation, practice area(s),and most significant cases and clients. Don’t forget to consider logistics. Know exactly where the firm is located, parking options, whether the building has security that you’ll need to go through, and where the office is located within the building. The internet is a good place to start looking for information, but don’t forget to check with your network to find out valuable tips about the type of person the firm likes to hire.  Inside information is always the best way to go.

 Get real about your qualifications. Understand precisely why you are the right person for this particular position so you can effectively present yourself as the best candidate.  When researching interviewers, LinkedIn can be a great resource.  If your interviewers have public profiles, check them out. Your goal is to gather information to help you develop rapport, so you should look for aspects of their backgrounds that align with your own. Your network can also be a great resource; if you know anyone who has worked with your interviewers, hit them up for information, too. Keep in mind, though, that you don’t want to come across like a stalker.

Work your knowledge into your conversation(s) in a casual way that demonstrates your high interest in the firm and that you did your homework without making your interviewers think they need a restraining order.

 Tip #2: Dress for Success

If the question is “should I wear a suit?” the short answer is “yes”. The long answer is “yes”, too. The interview is your opportunity to show a prospective employer the best, most professional version of you, so even if you’re interviewing with a firm that is uber casual, a suit is typically the way to go.

Stick with dark (black, navy, or dark gray), solid colors and stay away from shiny materials. Avoid heavy cologne, large jewelry, and bulky handbags or briefcases. Look professional  but don’t wear anything in particular that the interviewer is going to zero in on. You don’t want the interviewer to focus so much on your Jimmy Choos that she forgets all of your outstanding skills.

 Tip #3: Knock Their Socks Off!

Group interviews are used to save time and to test your ability to interact with others. They’re tougher than one-on-one interviews because you have to knock everyone’s socks off at the same time. But there are some things that you can do to wow a group. 

When responding to questions, be concise; don’t give long-winded answers. It’s also important to include all of the interviewers in your answers. One person is likely to dominate the questioning. Look around the room at each interviewer when responding. Sometimes it is the quiet one has the most hiring authority.

 It is very important to answer the questions asked of you. Pay attention and ask questions to clarify; make sure you understand the question before answering. That said, make the points you want to make. Don’t let the interview proceed as though it were an interrogation; don’t get intimidated because there are so many interviewers. Ask questions, make points, and sell your unique skills and amazing personality.  Stay on track, don’t wander off.

Part of the screening process is to see how well you react to the rigors of a group interview. Most legal positions require those who are skilled at maintaining calm under pressure. Maintain your sense of humor, don’t get impatient or thrown by different styles and personalities, and always be genuine.  If you don’t know the answer, don’t bluff.

 Sales seminars stress the fact that the greatest compliment you can pay someone is to say their name; people just love hearing their names. Be aware of the firm culture, however. Don’t automatically revert to a first-name basis if the firm is very conservative and call each other “Mr.” or “Ms.” Say each person’s name when you meet and again when you leave, at the very least.

 At the conclusion of the interview, don’t forget to smile, thank the interviewers  and reiterate your interest in the position.  Your thank you letter should also go to everyone who interviewed you.  Don’t leave anyone out as that person may have been the very one making the final hiring decision.

Carla S. Haney, CP, MBA is a consultant and freelance paralegal based in San Diego, CA.  She is the Career Services Director for UCSD Paralegal Program and co-author of the new edition of The Successful Paralegal's Job Search Guide (Prentice-Hall).

Wanna Buy a Watch? Legal discount deals space gets bigger

The discount deals space just got a little more crowded with a niche site that offers deals specifically geared to lawyers. MyLegal.com, LLC, has introduced the world’s first Legal Vendor Deals Program where service providers from over 100 verticals offer deals to lawyers and other legal professionals.      The Legal Vendor Deals program is the first of its kind to combine discount deals with vendor Ratings & Reviews. Law firms can now turn to a single website for vetting prospective service providers around the globe and getting deals that they can pass along to their clients.      “Everybody wins,” said Lisa DiMonte, CEO of MyLegal.com. “Vendors can now leverage the power of client satisfaction to win more business, and lawyers get discounts from reputable service providers. We believe our new offering will revolutionize the way law firms make buying decisions, and we’re thrilled to be the first to bring this innovative business approach to the legal community.”      For the Legal Vendors, basic membership is free and allows users to create a Legal Vendor Directory listing that includes a comprehensive business summary, along with links to the company website. Members can upgrade to Premier membership, which provides the Ratings & Reviews feature and the option to offer a Legal Vendor Deal to the global legal industry.      Lawyers, paralegals, legal secretaries, and law firm decision makers may view all active deals from the MyLegal.com website and may also subscribe to receive daily notification of the Legal Vendor Deals. A link to the deal provides additional information about the offer, the business summary, as well as vendor Ratings & Reviews.      Unlike other popular online deals programs, there are no coupons to buy, no referral fees and no revenue share. The discount runs for a designated time period and is applied at the time services are invoiced. The no-middle-man approach allows legal vendors to offer the best possible deals to lawyers who, in turn, pass along the savings to their clients. For more information, please go to www.mylegal.com.

Forbes Rates Paralegals as the #1 Most Underrated Job in the U.S.

       When have you ever heard the paralegal career called "low-stress"?

     According to Forbes magazine, CareerCast.com has published a list of the 10 most underrated jobs in the U.S. and the paralegal career is #1. The publication goes on to say that the job involves little contact with the public and doesn’t require employees to breathe in toxic fumes or lift loads of 50 lbs. or more.  The average salary is $47,000 according to the Bureau of Labor Statistics. That and the relatively low unemployment rate (approximately 4%), land paralegals in the number one spot on CareerCast.com’s list of Underrated Jobs in the U.S.

     With unemployment persistently high and pressure on politicians to improve the jobs picture, Tony Lee, CareerCast’s publisher, says he and his team figured it was time to tap its vast data pool and release a list of jobs that may be unglamorous but that have better than average employment rates and incomes. While they don’t pay the six- or seven-figure compensation of hedge fund managers or heart surgeons, these underrated jobs allow workers to enjoy a decent standard of living and a relatively bright employment outlook.

     One caveat about this list and every other “most this” or “most that” jobs list: While it does seem that Lee and his team make a serious effort to rate particular job categories, using extensive data over a long period of time, there is always a dollop of subjectivity and a measure of confusion in any job rating measure.

 

     Second on the list: accountant, with an average income of $60,000 and an average three-year unemployment rate of 4.8%. Loan officer ranks third, with income of $55,000 and a three-year unemployment rate of 4.4%.

 

     Don't get too riled up about the average salary listed.  That figure is a national average which takes into account those paralegals earning $24k a year and those paralegals earning $100k a year. Also, you want to take into consideration three important factors related to salary averages:  what city you are in; law practice specialty; whether you are in a major, mid-size or small firm.  These factors have tremendous bearing on what you earn.

 

    I'm not sure, however, if they are trying to say that paralegals are underrated because the field isn't that well known; doesn't appear glamorous or isn't something people automatically think about getting into.  Readers:  let me know your thoughts.

 

    

Paralegal Knowledge Institute Makes Its Debut

  Attention experienced paralegals!  There's a new outfit in town, the Paralegal Knowledge Institute (www.paralegalknowledge.com) that launches this week. 

Designed specifically for the paralegal assignment, the Institute is offering gold-standard courses, webinars and publications.  The purpose of the Institute is to bring to the paralegal community a new concept:  an organization dedicated strictly to the career advancement of the experienced paralegal.  The difference between the Institute and other training companies is that the Institute is strictly dedicated to paralegal continuing legal education while in other organizations, paralegal training is a division of a larger company, generally dedicated to attorney training.

"We see this as an opportunity to give paralegals cutting-edge skills training while at the same time keeping pace with a very competitive marketplace," says Allen Brody, General Counsel for the Institute.  "Paralegals today have much more sophisticated assignments handed to them than ever before.  The Institute prepares the experienced paralegal to stay competitive, get to the top and help their firm grow."

The Institute is offering online/interactive courses paralegals can take right at their computer.  Online courses are anywhere from 2 to 6 weeks, meeting 1 to 2 times per week for two hours.  The lively, interactive format allows the student to feel as though they were right in the classroom.  There is a live instructor you can speak to as well as see.  You can also speak and see other students as well. 

What is an online/interactive course?  You simply sign onto the interactive website where you can see the presenter, and if you have a webcam, others can see you as well, presuming you are willing. (There's nothing like taking a professional course in your bunny slippers!).    The Institute has offerings for paralegals at all experience levels as well as offering immediate download of pre-recorded online courses in the event you missed a live session. 

  The Institute also offers over 100 webinars per year.  It is the new home for KNOW, The Magazine for Paralegals, a favorite e-magazine among paralegals.  There are forums, ebooks, newsletters, publications, resources and blogs to be found.  The Institute offers discounts to the OLP's eDiscovery certification exam, discounts to join OLP and the National Association of Legal Professionals (www.naflp.com) and discounts to Lexis/Nexis webinars and LORMAN seminars. The amount of education an experienced paralegal can receive just through the Institute is overwhelming.

Just a few of the online/interactive courses include:
eDiscovery 101A
Legal Project Management
Litigation Support 101A
Advanced Litigation Support
eDiscovery & GARP
eDiscovery: The Master Series
Elder Law and the Paralegal
Introduction to Bankruptcy
Introduction to Trademarks
Introduction to Patents
Leadership Skills for the New Manager
The Paralegal's Role in Corporate Transactions & Securities
UCC Searches
eDiscovery for Techies and more.

Webinars include:

The 3 C's of Legal Writing
Legal Project Management
Elder Care
How to Review Title Reports
International eDiscovery
Advanced eDiscovery
Legal Project Management
International eDiscovery
Leadership Through Corporate Writing
Tech Talk Tuesdays
Corporate Formation
Cultivating Leadership Skills
Brave New Writer: Leadership Through Corporate Storytelling
When It Was Due Yesterday
Legal Research and Writing
Drafting Motions
The Paralegal's Role at Trial
The Art of Writing on the Job
Managing Multiple Attorneys & Assignments and more.

The Institute offers two types of membership:  Free and an Upgraded Membership to the Paralegal Plus category.  Free membership offers a host of benefits while Paralegal Plus gives you that plus a free six week course worth $495-$895; a free subscription to KNOW, and lots of free eBooks and publications. 

Paralegals can purchase an Annual Pass called The Paralegal Passport that gives their entire department a one year annual pass to over 100 webinars for their entire department for one flat tuition. Firms such as Orrick;Williams Mullen; Jones Day; Kaiser; Intel; and other prestigious firms have taken advantage of the Paralegal Passport.

The Institute is offering a free ebook, "What They Didn't Teach You in Paralegal School" if you sign-up for free membership and the free ebook along with a one year subscription to KNOW if you upgrade your membership.  Anyone can take courses without joining, however, they leave behind hundreds of dollars in bonuses and discounts.  The Institute also offers scholarships to those with financial hardships.

The Advisory Board consists of a blue ribbon panel of experts including Robert Mongue, Esq., Assistant Professor at Ole Mississippi's Paralegal Program; Janet Powell, Sr. Paralegal & Case Manager at Jackson Lewis; Jean Watt, Paralegal Manager at Mayer Brown in Chicago; Linda McGrath-Cruz, co-founder of the Florida Registered Paralegal Committee and senior paralegal; Katie Thoma, Portfolio Manager at Loeb & Loeb; Mark Gorkin, LICSW, The Stress Doc; Charles Gillis, MBA, Executive Director, Munsch, Hardt Kofp & Harr, P.C. and Beth King, RP, Sr. Paralegal at Vestas-American Wind Technology along with several other well-known icons such as Celia Elwell, RP and others in the field.

Oh, yes.  And if you're wondering if I'm involved, yes, I am.  Education and writing being my first loves.  Husband, children and dog Max excepted of course.

Be sure to visit the website:  www.paralegalknowledge.com.  I think you will be very excited to finally see an organization strictly dedicated to the experienced paralegal giving you a broad range of resources and the community to support it.

Let me know your thoughts on this.

 

 

There's no such thing as an ABA Certified Paralegal.....

I'm on my soapbox today with a pet peeve. I noticed that some paralegals are putting "ABA Certified Paralegal" on their resumes, social media or announcing it to friends and employers. Here's a suggestion: Stop now while you still can! Save yourself some embarrassment or even keep yourself from getting rejected from a job!

The ABA does not offer certification. Certification is a process of taking a very rigorous exam that is based upon work experience and knowledge. It is not your final exam in paralegal school. Generally, you need to meet certain educational and work experience requirements, submit an application for approval, pay a fee and take the exam in a secured environment.

For example, The Organization of Legal Professionals, OLP, offers a certification exam in eDiscovery. National Association of Legal Assistants, NALA, and The National Federation of Paralegal Associations, NFPA ,both offer paralegal certification exams. In the case of NALA, paralegals sit for the exam for two and a half days taking a test. It's also very hard to pass this exam. If the paralegal does pass, they can use the letters CLA (Certified Legal Assistant) or CP (Certified Paralegal) after their name. The ABA does not issue any designation or letters that you can use after your name. That's because they don't offer certification and you did not sit for a certification exam.

Generally, what paralegals mistakenly refer to as "ABA Certified Paralegal" is the certificate that they were given upon completion of paralegal school. This is entirely different from certification. A certificate from paralegal school is a Certificate of Completion. The paralegal school these paralegals attended has been approved by the ABA. Out of approximately 1500 or so paralegal schools in the U.S., only about 280 have been approved by the ABA. The school must meet certain qualifications set down by the ABA in order to gain approval. When a student completes the 4 month, 2 year or 4 year program, they are given a certificate of completion. They are not certified.

The reason I am pointing this out is that I just witnessed a paralegal who was passed up for a very good job because she wrote "ABA Certified Paralegal" on her resume. The firm decided that if this paralegal did not know the difference between "certified" and "certificated", she wasn't smart enough to join the firm. Ouch! It was a shame because the message to the paralegal was not only did she not know the difference, she hadn't take the time to find out. Make that 0 points in her job hunting file. Resumes are often reviewed by hiring paralegals who do know the difference and it's offensive to some when they see otherwise good paralegals make this common mistake.

So, those of you who are adding "ABA Certified Paralegal" to your resume, LinkedIn profile, Facebook, or telling people verbally, STOP! The best way to write it is:

Acme & Acme Paralegal School
An ABA approved paralegal program or
Approved by the American Bar Association

So, paralegals unite! Help yourself and your colleagues. Stamp out ignorance! Educate others and spread the word! (Oops, almost slipped off my soapbox there.....)

To anyone who is experiencing Hurricane Irene: We are thinking of all of you and keeping our fingers crossed for you. Stay safe.

Stressed out and going nowhere

Being a tad stressed out lately, I decided to research the topic and unfortunately, came up with the same old boring routine run-of-the-mill suggestions. There's nothing worse than for stressed out paralegals and legal professionals to read another article on stress that tells you to:

a.    Take a break. (Right.  With that pile of work on my desk, my boss breathing down my neck, I'm gonna take a break.)
b.    Take a walk outside.  (It's 115 degrees here.  You take the walk.)
b.    Meditate. (That brings me right back to obsessing on what's stressing me.)
c.    Take a bubble bath. (I have arthritis in my knees. You get in and out of that tub. Me?  I'm not getting in there and then have to have the fire department come and get me out. No sir.)
d.    Eat chocolate.  (Sure.  What's another 50 pounds?)

 I thought I'd stumbled upon something new when I read one article that said keep a log.  The log should have three columns:   Time - My Plan - What Actually Happened.

So, I started the log:
9:00  My Plan:   Write a Press Release.
What Actually Happened:  Client calls.  Yaks for an hour.  What could I say?  It's a paying client.

10:00  My Plan:  Write syllabus for OLP eDiscovery Training Course
What  Actually Happened:  Husband pulls back out of whack while trying to demonstrate how he used to do the limbo when he was five .  Try getting a 6 foot, 249 lb., 58 year-old man up off the floor.  Took an hour.

You get the picture.  It was only making me more stressed.  So I came up with my own ways to just eliminate stress all together.

1.    Figure out what stresses you.  That's right.  Half the time, we don't even recognize it.  For example, it took me a long time to realize that it wasn't going swimming every day that stressed me out.  It was the idea that I had to get in the car, drive 20 minutes to the Y, get changed in the locker room in front of 47 very elderly women, all with bluish gray hair, Cobby Cuddler shoes and bodies a 20 year old would die for.

2.    Eliminate unnecessary commitments.  Why, oh why, do we say yes to things when we mean no?  I don't like having lunch with (Jane).  She bores me to tears.  Yet, I can't say no.  So once a month, I'm off to have lunch with her at a restaurant I don't like, can't afford and swear I won't go to again.  It's unnecessary.  I'll go every six months instead.

3.    Stop multi-tasking:  The buzz word of the '90's and naughts.  Who came up with that word, anyway? Everyone multi-tasks.  It seems to me that if we didn't multi-task, rather did one thing at a time until we've finished it, we might get more done.  I'm getting a little bit tired of talking on the phone, drafting an email, eating my lunch and listening to an eDiscovery webinar all at the same time.  My conversations don't make sense, I make too many typos in my emails, I don't know what I just ate, and furthermore, I haven't a clue what the webinar was about. 

4.    Unschedule.  That's right.  Stop scheduling so much.  Before Outlook days, we used to make a phone call to someone when the urge or need struck us.  Now, we have to compose an email to ask for an appropriate time, send the email, wait for the return reply, go back and forth a bit, book the teleconference and then confirm - spending half an hour just to get 7 minutes with someone on some unimportant confab we didn't need to begin with.  Make an appointment to make the telephone call?  Puleeze.

5.    Avoid difficult people.  Just avoid them.  Who needs that anyway?  Some ranting, raving power hungry person who is plays passive-aggressively in their emails to you - someone who gives you heartburn just because they can?  No to that.  Avoid 'em.    Being nice isn't working anyway and you wouldn't want what you really feel to be in print.  Nope.  No answering here.

6.    Eliminate energy drains.  What is draining your energy?  Eliminate it.  Or them in your life. People who insist on drama, situations that call for much more input than you want to give.  Yep.  Eliminate all of it.  Of course, I consider going to the dentist an energy drain.  I might want to reconsider that.

7.    Help others.  It just gives you a great lift.  I found that by helping others, I felt great.  Even if it was a temporary lift - giving out a scholarship to a course, helping someone with a resume, sending a note with a few names that could help someone who is having a rough time.   All of that.  Takes your focus off of you, even for just a little while.

8.    Slow down. Instead of rushing through life, learn to take things just a little bit slower.  Enjoy your food, enjoy the people around you, enjoy nature.  This step alone can save tons of stress.  Where I live, I see road runners, bunny rabbits, crows,  owls and coyotes.  Never, ever saw that in the big city when I lived there.  Well, ok, so I have to carry pepper spray when I walk the dog in case the coyotes want to come after him.  But the intent is there.

9.    Be grateful.  Developing an attitude of gratitude (I sound like a rapper) is a way of thinking positive, eliminating negative thinking and reduces stress. Learn to be grateful for what you have, for the people in your life, and see it as a gift. With this sort of outlook on life, stress will go down and happiness will go up. What could I possibly be grateful for?  Hmmmm......for one, you took just a few minutes out of your busy day just to read this post.  For that I am grateful and my life is just a little bit less stressful.

The Entitled Opinion - A New Blog Column for Paralegals

     Over here at The Estrin Report, we love new ideas.  That's why we are launching The Entitled Opinion - a new sporadic column featuring guest bloggers with definite opinions.  We encourage you to write in.  Tell us what's on your mind; what peeves you have; what success stories you've witnessed; changes you'd like to see and observations you'd like known.

    To kick things off, we introduce you to Sydney Muray, paralegal, today's guest blogger:

Wal-Mart v. Dukes was an important Supreme Court case that dealt with class action lawsuits, appealing to lawyers and paralegals alike. The original plaintiff, Betty Dukes, sued Wal-Mart for sexual discrimination and joined in her lawsuit all 1.6 million women who have worked for Wal-Mart since 1998. The Court's rejection of the class in its current form was an unanimous decision. However, its decision to reject the class in any form was split five to four along ideological lines with the conservative justices in the majority. That portion of the opinion was contrary to basic notions of justice, and will have far-reaching ramifications for gender discrimination lawsuits.

     The portion of the suit that resulted in a unanimous decision concerned a technicality regarding Rule 23 of the Federal Rules of Civil Procedure. All of the justices agreed that the rule did not allow the class in this case to pursue monetary damages. This was largely uncontroversial and had no major effect on the case because the class action was actually disposed of by the other portion of the ruling. That part of the decision constitutes the real crux of this issue: whether a massive class of litigants can join together to sue a corporation.

     Both parts of the opinion were written by Justice Scalia, a conservative, who was joined by all of his conservative colleagues and none of his liberal counterparts. That portion of the decision is particularly egregious because it has the effect of setting precedent that will substantially limit class action lawsuits in the future. There are two fatal flaws in the decision Justice Scalia handed down.

     The first flaw with the ruling is that it obfuscates the reality of the situation of these female employees. Justice Scalia denied the class certification based upon the notion that the class did not meet the "commonality" requirement for class action lawsuits. However, as Justice Ginsburg aptly notes in her dissent, the Rule “does not require that all questions of law or fact raised in the litigation be common...” This means, in general, that the circumstances of the female employees don't have to be exactly the same, just that they need to have something relevant in common. The commonality requirement was met because these women showed in their arguments that: 1. they are all women; and 2. Wal-Mart has been discriminating against women, causing them financial harm. As such, these women are entitled to relief as a class.

     Justice Ginsburg goes on to note facts illustrative of the actual harm that the female litigants have suffered. She points out that "Women fill 70 percent of the hourly jobs in the retailer’s stores but make up only '33 percent of management employees.'" She also notes that “[T]he higher one looks in the organization the lower the percentage of women.” The statistics presented by the women, largely uncontested by Wal-Mart, also indicate that women in every region are paid substantially less than their male counterparts.

     Statistics like these are damning for respondents in a sexual discrimination suit, and if justice had been exercised in this case the majority of the court should have taken these facts into consideration. Instead, Justice Scalia opted to take advantage of a technicality and assert that the class didn't meet "commonality" requirements. Undeniably, the class was massive. 1.6 million people is no small number, but the sheer size of the class is no legitimate excuse to dismiss a case. The court rejected the class certification simply because it was massive, claiming that the litigants didn't have enough in common.

    A Bloomberg article sides with Scalia's ruling in this case, saying that Wal-Mart turned the statistics around on the plaintiffs, noting that they earn more at Wal-Mart from an earnings ratio perspective than their female counterparts in U.S. society at large. However, that is not a sufficient justification for dismissing this case. Demonstrating they do better at Wal-Mart does not prove that Wal-Mart is complying with the law of not discriminating against its employees.

     The second, and perhaps even more important issue with the majority ruling is the effect that it will have on class action lawsuits in general. The case will make it more difficult for large classes who have been harmed by a common respondent to join together in the future. Class actions are important because they offer a legal remedy for individuals without the financial resources to bring a lawsuit on their own. The plaintiffs in this case are a perfect example of those who need a class action to seek justice: women who are working at lower-paying hourly jobs at Wal-Mart than their male co-workers.

     Hiring legal counsel can be very expensive, and lawsuits are often long, drawn-out affairs. Low-income individuals trying to support families do not have the time or money to pursue litigation by themselves, and class action lawsuits allow them to join with large groups and be represented in absentia, giving them the opportunity to be heard and seek relief without personal expenditure. After this ruling, these women and many others like them may not be able to seek relief for the discrimination against them.

     This ruling is one that will have negative ramifications for class action plaintiffs in the future. It further harmed the women involved in that they received no recompense for the discrimination they experienced. Unfortunately, it also sets a precedent that will allow Wal-Mart to continue to ignore systemic discrimination in its organization.

 Guest blogs express the opinion of the author and not necessarily the views of The Estrin Report.

PS:  Don't forget to participate in the Litigation Support Salary & Utilization Survey.  All participants get free results.  You don't have to be in LitSupport - just a professional who is using ediscovery or litigation support software such as Concordance, Summation, Trial Director, etc. or case managing, working with litigation support or on cases involving litigation support. 

Go to:  Litigation Support Salary & Utilization Survey.

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