The Estrin Report

From Communist Russia to U.S. Citizen - A Paralegal's Fight for Freedom

Walnuts on My Bookshelf: Memories of Living in Communist Russia is a book that I just couldn't put down.  This compelling story engrosses the reader from the very first paragraph.

Written by an Alabama paralegal, Peter Kirchikov, the book brings a unique and brilliant analysis of life during the USSR from 1952 until 1991. Born and raised in Ukraine, he discloses the poverty, horrible working conditions and fear of the KGB he had known his entire life.  Kirchikov and his family were exposed to a life where food and basic necessities were almost impossible to find.

Kirchikov shares his unique experiences living in Communist Russia under the oppressive regime in the Bulgarian ethnic community and elsewhere.  His captivating story from the unforgettable years in his parents' house, his school and college years, death of one of his sons as a result of Chernobyl in April 1986, and black-listing by the KGB since the tender age of 12, is an emotional journey for both reader and writer.  Included in overall conditions remained the daily fear by all Russian citizens that the KGB would banish them to Siberia. As an adult, Kirchikov became a linguist, writer and full-time translator but still under the watchful eye of the KGB.  The communist regime was unwilling to let Peter and his family emigrate until 1991.  The "Russian Dream" for most people was escape to a Western country. .

The title refers to Peter's current routine to keep walnuts on his bookshelf to remind him of his family's yearly forage to gather walnuts in anticipation of harsh, freezing winters where food was scarce and hunger was prevalent. Losing two children to starvation, Peter's mother and father worked seven days a week to feed their family. Peter is here, he is grateful but will never allow himself to forget the heavy burden communism inflicted upon him, his family and unfortunate captives. 

Peter, his beautiful wife at the time along with two children, made it to the U.S. in 1991.  His amazement at the enormous and bountiful choices of food, freedom of worship, ability to travel anywhere, choice of job and freedom to select whereever you wanted to live, remains as highlights for Peter.  He recalls with humor being taken to his first supermarket. He had never seen anything like it.  He thought that the market surely must be the only one in town. It couldn't possibly be that all this food was in just one store and there were many, many others just like it in the city of Birmingham.

The book needs a good strong edit. Some of the sentences reflect the Russian translation that leaves out "a, an, the".  On the other hand, frankly, it endears you to the writer.  His letter to the KGB would otherwise seem like ranting and raving if only it were exaggerated.

Today, Peter lives and works in Birmingham.  Very importantly, Peter can choose whatever profession he wants without fear.  He became  a paralegal symbolizing his fierce desire to uphold the justice system that he had longed for his entire life.  He's built a productive life filled with dreams that have been reached, goals that have been accomplished and most of all, freedom that can't be beat.

I highly recommend this book.  To purchase, go to www.peterkirchikov.com/walnuts

168 pages
Available July 1, 2013
$18.00 plus shipping & handling

 

 

 

The Old Gray Mare - Is She Still What She Used to Be? Ageism and Paralegals

Guest Blogger: Raul Estravit

I started my paralegal career back in 1984 by cutting my teeth on the AT&T v. MCI Telecommunications anti-trust case. This is the case that broke up AT&T ("Ma-Bell") and allowed the world to go on and have all of the new telecommunication devices we now enjoy. I was on the "Damages Team" and we were able to prove damages caused by AT&T against all other competitors who were trying to enter the telecommunications market. 

At that time, I was also attending Golden Gate University where I graduated summa cum laude in Political Science and Business Administration.  Once I graduated and the case was over, I was hired by Gibson Dunn & Crutcher (a major law firm) and eventually became the Senior Paralegal of the firm.  I brought Gibson what was then the new frontier of digital technology. The term "Litigation Support" was not a term-of-art at that time.  The firm just did not know what to call me, so we used the term "Technical Paralegal". 

Around 1989-1990, I introduced Gibson to scanning and coding documents. We used the first version of Concordance to keep track of a very large securities case for a very large client. The documents ranged in the hundreds of thousands of documents resulting in a few million pages. 

One of the highlights of my life was when I was invited to have lunch with President Reagan up at his office in Century City (California). This was back in 1993.  While I was at Gibson, Dunn & Crutcher, I was the paralegal who assisted with the building permits of the Reagan Library and secured the permits for his burial there. He wanted to meet and thank me personally. 

Several years later, I was recruited by Chere Estrin for a case that took me to another law firm.  I landed in the island of Guam where I sharpened my technology skills. I was exposed and embraced the world of  Trial Technology. I learned the popular software program, Trial Director, when it was in its separate component format. There I was, supporting a construction defect case trial on the Island of Guam that lasted 366 days.

Not only did I run the trial but ran the servers, acted as the Help Desk for work stations at all of
the attorney desktops and staff computers.  While in Guam, I managed the network and VPN.
I also managed an ongoing coding project that involved approximately a dozen paralegals in our Los Angeles office. This was a big challenge and a great case.  Our firm won a very substantial
sum of money for our client.

I have had the honor to work on or successfully manage some of the largest litigation matters in our country's history and work alongside of some of the most well-known and respected attorneys.  It has been challenging but I have always learned new methods and have been able to test and prove my own metal in the heat of litigation wars. It has been rewarding on many different levels including job satisfaction, challenges and yes, financially.

I have embraced litigation support tools and applications and am certified in many different applications.  When asked by students what is my single most important key to success (besides skills), I tell them that I leveraged my experience and knowledge.  I had to. The legal world is moving very rapidly and staying ahead of the game is vital to your career. I am now in the process of getting my eDiscovery certification from OLP!   I have found OLP to be one of the best online training organizations for the advancement of your career.

I love this career but it does have the same unlawful circumstances as all others. At a recent position, I found myself in the terrible situation of age discrimination. I was basically led out the door. My supervisor remarked to me on two separate occasions that I may be "too old" for the type of work I was doing.  At the time he said this, I had reached the age of 54. The supervisor was 46.  

A few weeks after the second “you’re too old” remark, I was let go - even though my reviews were excellent.  In California, you can be let go for a reason or for no reason.  You cannot be let go for illegal reasons.  I have yet to be informed why I was dismissed but I don’t think it takes a brainard to figure it out. 

After that potentially career-busting experience came the interviews.  I was pretty discouraged because I was not receiving the type of offers I am accustomed to, even with a pretty extensive work history.   Although the average age of entry-level paralegal is 36-38, unfortunately, it has been my experience  that age does matter.

After being let-go and experiencing several rejections for jobs, I refused to let myself sit around.  I gave myself another opportunity by opening my own shingle called "Encore Litigation and Trial Technology Services".

Not only can I consult and manage databases, oversee processing and transfer of data into usable databases such as Concordance and Relativity but I also consult and instruct with attorneys and paralegals on effective and efficient ways to work with these applications. Thus far, it has been great! In the past four months, I have already successfully completed three trials and consulted with two different law firms on various software and databases.

Going solo as a hired gun can be scary but with a little smart marketing, leveraging of your
background and skill set, remaining competitive in pricing and rates, you just never know where you can end up. Recently, I have been retained by a large court reporting agency for a very large international client. I am their "go to" guy for everything involving trial technology and litigation support. 

Ageism is definitely out there - even in firms where people ought to know how to adhere to the law. The struggle against it remains.  You won't win this battle by yourself, it takes a community. However, I have found that life can be good on the other side. You just have to believe in yourself and try. 

Raul Estravit
EncoreLitigationServices@gmail.com

Organization of Legal Professionals (OLP ) is offering a new online certificate program in Litigation Support Project Management.  If you are a seasoned vet or are seeking to enter this hot field, you can benefit from this online, interactive program taught and designed by top experts.  For more info:  www.theolp.org.

Shoot for the Curb - Everything Else is Gravy

How many times have you set goals only not to achieve them? 

Come on. You already know in your gut when you set the goal that you probably won’t reach it.  Despite clichés such as “Shoot for the moon” and other psychobabble, you will most likely say to yourself, “Are you kidding?  I’ll commit to xxx but I know it’s a stretch.”

On the other hand, goals are ingrained and give us targets, benchmarks and a sense of accomplishment.  The difference between just setting a goal and accomplishing it is to have a strong “why” in place.

Let’s parallel this to a brick building that looks massive and powerful.  Now let’s imagine that the building was built by a group of amateur builders in one day, had a poor foundation and the bricks were not cemented together. It looked very nice but wasn’t solid. One day, a kid tosses a spit ball smack into the middle of the building. What happens? The building crumbles. The little kid with the fastball knocked down the building that looked amazingly strong and powerful.

Why? The foundation was pathetic. No one paid the price so that the building could hold its own in the real world despite how it looked to the average person.

Let’s tie that into your goals. Your “why” is your foundation and roots. Your “why” must be stronger and bigger than you.  Internalizing your “why” and knowing exactly “why” you do what you do helps you reach your goals. The most common goals in the history of the human race are to lose weight or make a lot of money.  Then you are disappointed when you fall significantly short. Are you relating to that? How about setting the goal of changing jobs within a month and at the end of the month you haven’t even had a decent interview?

Here’s the reason: you must know “why”.  Let's take the job change. It’s not really the money that drives you…it’s your “why”. What are you going to do with the additional money? Get a new car, buy a house, upgrade your standard of living, save for your kids' college tution, move your career upward or outward? “Why” have you set that goal to uproot your career? Where is the foundation of your goal?  No one paid the price for that massive brick building and it fell. Be willing to pay the price and earn your way to your goal.

Let’s go over this again. Goals can be damaging to your future. If you don’t have your “why” in order, then you have no foundation to support you as you as head down your success path to completion. Without that foundation, you will give up and be discouraged from ever setting goals again.

It doesn’t matter what type of goal – physical, financial, social. Needing to know “why” you are setting your goals means paying the price to achieve it. If not, your goal could damage your career instead of assisting you in ultimately achieving the success you’ve always dreamed about. Commit to developing your “why” before setting any more goals.

Let's look at two questions to find your "why”:

1. If you didn’t have to worry about money, location, working hours, billable hours, specialty, education, stress, co-workers, bosses and could design your own job, what would it look like? Why?

2. Do you enjoy your career? If so, why? If not, why not? Your past does not control you! Your future should drive you because you see yourself successful.

There's no doubt you will encounter obstacles and challenges. That’s just life. If your “why” is strong enough, then unlike that building, you will stand strong against whatever tries to stop you. It's going to be very hard to knock you down.

Goals are damaging if you don’t have a foundation in place. My challenge to you today is to ask yourself the two questions, develop your “why” and set your goals. In the meantime, don't take any brick buildings.

Check out the Paralegal Knowledge Institute's all new Litigation Support Project Management Program.  For beginners and veterans seeking to increase your skill level.  It's online, interactive and live.  www.paralegalknowledge.com.  

Limited-licensing for Paralegals: It's Finally a Reality

Licensing paralegals has been talked about for years.  And years.  And years.  It’s been pushed back as long as I can remember.  One objection is that paralegals do not practice law and therefore do not need licensing.  They are supervised by attorneys and it is the attorney’s license on the line.

Another issue was there were no standard requirements to enter the field (i.e., anyone who wanted to could call themselves a paralegal) therefore, licensing would have no real meaning.  In California, some years ago, a stab at licensing called for governance not by the State Bar but under the Consumer Protection Board that also licensed dog groomers, manicurists, and similar professions.  The idea wasn’t well received by the paralegal community.

In a new twist, the Washington Supreme Court adopted the Limited License Legal Technician (LLLT) Rule, effective September 1, 2012. Legal technicians are not paralegals.  They are document handlers who provide typing and form-filling services directly to the public for family matters, wills, adoptions, bankruptcy. This rule authorizes non-attorneys who meet certain educational requirements to advise clients on specific areas of law, which have yet to be determined.

With the rule, the Supreme Court established the LLLT Board to administer the program. In late December 2012, the Supreme Court appointed the first LLLT Board, which includes several non-attorneys and a legal educator. The Board must establish an area of the law in which to license LLLTs and seek approval from the Supreme Court for that area of the law within one year.  This includes regulations for professional conduct, exam procedures, continuing education requirements, and disciplinary procedures.

Meanwhile, the California State Bar is taking a hard look at limited-licensing.  According to an article in California Lawyer magazine,the Board of Trustees is considering a  similar program. The licensing program is targeted to legal technicians providing services directly to the public.  At this stage, legal technicians are regulated.  They provide document preparation services directly to the consumer.

The limited-licensing program would provide legal services to the public and allow law students and others who haven’t passed the bar to put their skills to use. Trustee Heather . Rosing said those who can’t afford the services of a licensed attorney are ften forced to turn to non-lawyers because of cost. Although legal aid, pro bono service and court-employed family law facilitators all try to fill this gap, too many people need legal assistance and simply cannot afford it at today’s legal market rates. A limited licensing program, in addition to helping clients, would create an avenue of employment
for law school graduates and legal technicians who haven’t passed the bar, board members said. Engaging in limited practice might be an avenue to eventually becoming a qualified lawyer.

“I advocate the position that non-lawyers should not be allowed to serve the public directly,” says Barbara Liss, senior estate planning paralegal in Santa Barbara, California, “unless they (1) have adequate education, (2) have worked for a specified period of time under attorney supervision -- such as a minimum of three to five years, (3) qualify by some form of testing (NFPA, NALA, AAfPE, OLP skills tests already exist which could be conformed as needed to meet this criterion); (4) maintain continuing education (MCLE) requirements that are pre-established and (5) meet bond requirements that are pre-established.

Bonding is not malpractice insurance coverage -- which could be costly, but bonding would provide a modicum of protection for any intentional abuses or improper action by the technician's over-reaching beyond the specified limitations established by the legislation creating the position itself.”

Looking to the future, the role of limited-licensed legal technicians can spill over into the law firm.  Take a look at the Nurse Practitioner.  Medical offices and hospitals offer the Nurse Practitioner  directly to their patients.  Entrance requirements include a higher standard of education and solid experience.  

The state bars implementing the limited-license must be aware that generally, legal technicians have nowhere near the education of traditional law firm paralegals now requiring a B.A. degree and paralegal certificate in many states.

It is not too much of a stretch of the imagination to see that the legal field can leverage the limited-licensed legal technician by creating a new position within the law firm, perhaps a “Paralegal Practitioner.”  This new position can provide upward movement, demand higher educational standards, and provide more profit and better utilization of senior paralegals.  The paralegal position is not going to go away anytime soon. The history of paralegals from day one has been to keep pushing the profession to higher standards.  If executed properly, here’s a great possibility to keep paralegal upward mobility rocking and rolling.  

Only a few days left to register for the eDiscovery Project Management Certificate Program!  Don't miss out on a terrific opportunity to advance your career and move in the right direction.  For more info:  www.paralegalknowledge.com.

 

 
 

 

 

 

Paralegal Jobs Are Vanishing According to New AP Analysis

Bad, Bad News for Paralegals

Paralegal jobs are vanishing according to a recent analysis.  In fact, out of the top disappearing jobs, paralegal is in the top 7 positions.   

For years, the Bureau of Labor Statistics predicted that the paralegal position was one of the fastest growing fields.  In fact, as recently as 2011, the BLS predicted that from 2010 - 2020, paralegals would  have an 18% growth rate (average). No longer. 

The position is being obliterated by technology according to a recent analysis by the Associated Press.   "Year after year," the analysis states, "software that runs computers and an array of other machines and devices becomes more sophisticated and powerful and capable of doing more efficiently tasks that humans have always done. For decades, science fiction warned of a future when we would be architects of our own obsolescence, replaced by our machines."  Here's a great example:  travel agents -  similiar to paralegals in that it is a "helping" position.  Now, gone due to technology.

Unfortunately, paralegals are included in the millions of middle-class paid jobs vanishing, the most vulnerable being those jobs that are "routine and repetitious."  That particular phrase was actually in the ABA definition of a paralegal some years back.  How little we knew.

"There's no sector of the economy that's going to get a pass," says Martin Ford, who runs a software company and wrote "The Lights in the Tunnel," a book predicting widespread job losses. "It's everywhere."

Most of the jobs will never return, and millions more are likely to vanish as well, say experts who study the labor market. What's more, these jobs aren't just being lost to outsourcing and they aren't just factory work. Increasingly, jobs are disappearing in the service sector, home to two-thirds of all workers.

They're being obliterated by technology.

What is effecting the paralegal field in addition to technology?  Law firms today are seeking highly sophisticated and experienced paralegals. Those without technology knowledge and ability are at the highest risk.  Those who are not updated on the latest laws, procedures and who are not innovative or motivated are also at a very high risk.

Additionally, the five-year recession has seen associates dropping their level of assignment to cover paralegal duties in order to put forth enough billable hours. Rocky law firms, rather than see paralegals as cost-efficient and saving attorneys time, view the higher associate rates as more beneficial to the firm despite the fact that paralegals cost less and are frequently more profitable. It can make the top line more impressive resulting in the potential for higher bank loans, revolving credit lines and more. 

What can paralegals do to reverse the trend?  Maybe not much given the trend affects just about every service and manufacturing position.  However, you can leverage your paralegal background and propel yourself into new or  hybrid positions.   Here are just a few: 

• Become a technology wiz in your specialty.  Software programs come and go and are updated frequently.  Being a wiz also means you are on the prowl every day for the latest trends and new programs.
• Hot jobs are hot as long as the economy holds up, the specialty doesn’t cool down or schools do not answer the call to churn out trained candidates.  How familiar are you with the future of your specialty? If you were previously an ERISA paralegal, chances are you no longer hold that position.  Mergers & Acquisitions specialists were big losers in the recession.  If you were in M&A, did you prepare for an upcoming recession with a second specialty? Cross training is one way to make yourself more valuable in a firm. You may be the best paralegal the real estate department has but if that entire department is being shutdown, it won’t matter. But if you are also good at litigation, you may find yourself being moved into that department.  If not, you know why you may have been out of work for a long time.
• What transferable skills do you have?  Take a good, hard look at your background.  Medical background? Construction? Insurance? Teaching? Police? Accounting? How can you combine your skills and leverage that background - even in a different field.    
• Use social media to get your reputation well-known. We've said for years: network, network, network.  Use LinkedIn.  Make sure you have tons of connections. You just never know who knows what and where.
• Expand your skill sets.  Are you a litigation paralegal without comprehensive eDiscovery knowledge?  You're on the target list, believe me.  I have listened to many, many paralegals declare that their firm does not "do" eDiscovery, so therefore there is no urgency to learning about it.  These buggy-whip, short-sighted paralegals are in for a big surprise if their firm starts losing business as a result and they are the first to go.  (BTW, the Organization of Legal Professionals, OLP, offers many online courses in eDiscovery and Litigation Support:  www.theolp.org).
• Be prepared to move into a different position all together.  For example, the Litigation Support field has a shortage of professionals schooled both in law and in technology.  Who better than a paralegal to move into a Litigation Support position?  The pay is excellent, the opportunities for the future very good.  The field will eventually evolve into something that we probably have not even envisioned, particularly since the legal field was one of the last to get on the band wagon.

Don't be short-sighted. Change is here to stay and in this century, most of us are not prepared for how fast it is happening. My strongest suggestion is to ride the horse in the direction it is going.  You'll be glad you did. 

 

Weight! Weight! Are you sabotaging your career?

Have you ever considered that those extra pounds that sneaked up when you were just “having an extra bite” might be holding your career back?

Some years ago when I worked for a major Los Angeles law firm, the Director of Administration asked me to lunch.  Since this was rarely done for non-attorneys in those days, I was delighted.  He took me to the Yorkshire Grill where he insisted that I have the pastrami sandwich piled high on rye bread along with a generous helping of potato salad.  Who can refuse their boss? Career buster for sure.

After lunch, he hit me with “You’re doing a great job here.” Wow.  I liked that.  “However,” he proceeded, “if you’re going to succeed, you’ll have to lose weight.” To this day, I could tell you exactly where we were standing, what I was wearing and the time he gave me the news.

What many employees fail to recognize is that this is a new workplace.  We are, rightly or wrongly, visually judged everywhere:  Facebook, Instagram, LinkedIn.  Then there are the constant
pictures from iphones, iPads, emails, websites, videos and more.  We’re no longer a society floating in a world of the anonymous.  We are judged not only by who we are but unfortunately, how we look.

 In fact, according to one source http://frontpagemag.com/2013/dgreenfield/mandatory-exercise-for-the-obese-comes-to-the-uk/, there is a proposal in the UK that puts forth that obese claimants could see their benefits reduced or increased according to how often they attempt to work out. 

Robin Thompson, Chairperson of the Association of Litigation Support Professionals, knows first -hand about weight discrimination. She’s lost 200 pounds. “As a thin person,” she says, “I am greeted with much more friendliness and taken more seriously.  I have even had people comment that people who are overweight cannot control some aspect of their life and that it’s a reflection on how they would perform in a professional situation.”

You don’t have to be 100 pounds overweight to be discriminated against. “Chunkies” might take a look at the progression of their career over “thinnies”.  Have those around you advanced while you remain at the same level?  Sure, maybe they are more qualified but truthfully, are they thinner?  Does a glass ceiling exist at your workplace because of weight? Is there anyone really heavy in upper management?  Of course, there’s an exception or two but it’s really that – an exception.

While many victims of weight bias have suspected their appearance has been hurting their careers, two past studies analyzing decades' worth of research showed just how pervasive the problem is. The bulk of research has shown that the bias tends to be felt most by overweight white women, who are battling both the glass ceiling and the stigma of being heavy.

A 2004 study by Cornell University Associate Professor John Cawley found that when the average white woman puts on an additional 64 pounds, her wages drop 9%. (Some studies have shown that overweight white women are evaluated more harshly than overweight African American women
and that African Americans tend to be more accepting of large body types.)

In 2004, Charles Baum, of Middle Tennessee State University, reported in the journal Health Economics that obesity could lower a woman's annual earnings by as much as 6.2% and a man's by as much as 2.3%.

“Fat, lazy and unproductive” might be some of the stereotypes that ring true to employers who reject an obese applicant despite a stellar resume. Published last month in the International Journal of Obesity, a new study examined the role anti-fat prejudice plays in workplace hiring practices.

A group of 95 reviewers acting in the role of employers were shown a group of resumes with
an attached photo. To avoid biased results, the true reason for the study was concealed from participants, said lead researcher Kerry O'Brien of Monash University in Australia. Asked to determine the likelihood of selecting a potential candidate and her starting salary, the “employers” were shown a group of resumes with equivalent skills, experience and education.

What the reviewers did not know was that the pictures clipped to the resumes were of the same six women before and after weight loss surgery. The study results showed that obese women received more negative responses on leadership potential, predicted success, likelihood to select, salary, total employment rating and rank order of preference relative to other candidates.

Employers today want to keep healthcare costs down. The heavier you are, studies show, the more days off you take and the more vulnerable you are to certain illnesses.  While your work may be excellent, chances of promotion may be slim. (Pardon the pun, please.)  Have you been in the same position for 20 years while being told that you are an excellent attorney, paralegal, manager,
etc.? Surely there must be somewhere upwards you could travel.  If it hasn’t happened and your work is terrific, ask yourself, why, why, why?

Fat is one of the last bastions of discrimination with very little done to curb prejudice or  intolerance.  Being overweight does not mean a person is unmotivated or lazy.  Chances are if you made it into in a law firm environment, you are smart, good at your job and ambitious.  In fact, because of excess weight, people may even be more driven than others. 

Up until recently, I did very little in terms of losing weight.  Oh, I was up, I was down, I was going to lose those “last few pounds” but frankly, despite a very satisfying career, I never really did see the light.  Until recently, that is, when I took Draconian-like steps to cure a lifetime of ridicule and bias. Sure, people want to be accepted “just the way they are and for whom they are” despite any well documented health risks and concerns - as so they should be.  But that’s not the reality.  Excess weight can kill you. It can be a social and career barrier and despite anyone’s sincere efforts to change the world, this kind of discrimination probably isn’t going stop anytime soon.  Fair?  Absolutely not.  Make you want to rebel?  You betcha.  But consider this: the world has changed. It’s visual now. And, being in shape can bring nothing but good things.  That’s the reality.

By the way, while I’m on my soapbox, please beware of those of us who have recently started weight loss programs.  They can be righteous and annoying; preach, lecture and moralize – all the while (for those who succeed) advancing their careers just splendidly.   But those remain other stories and meant for other days.

Reminder: OLP is offering its well-received certificate course in eDiscovery.  February's five-month course has sold out!  Gain professional acknowledgement and move your career forward. Register now for the upcoming course and earn a certificate in eDiscovery.

 

Our Ms. Manners Reaches Out Over Wine, Wisdom and Wacky Traditions

Our guest blogger today is Stacey Wagner

When I was eleven years old, the flu collided with Christmas dinner and forever dampened my enthusiasm for holiday food. 

So, every year I sit back with a glass of wine and watch the mayhem unfold as my  multigenerational and multicultural family of cooks and foodies barter and (mostly) good-naturedly bicker over which foods will take center stage on our holiday table.  Bread stuffing or cornbread dressing? Canned or fresh cranberries? Turkey or Cornish hen? Sweet potato pie or pumpkin pie?  What was that?

The family vegans have offered to prepare a delicious meatless, eggless and gluten free holiday meal for the entire family?! Argh!

Somehow, we negotiate who will cook and what will be served and magically, a feast appears for all to enjoy (including the vegans).  But, in the midst of the feeding frenzy, uh, festivities, I often  wonder if we forget that the days before and after the big celebration are just as special as “the big day.”  

After all, I challenge anyone to name an occasion more special than enjoying life with those you love. Before you dismiss me as a holiday Pollyanna, may I share a story with you?

 My husband has a small collection of wonderful wine.  I noticed, however, that when we would invite family over for casual dinners, he would make a trip to his favorite wine shop to buy the evening’s bottles instead of serving wine from his collection. One day, I asked him why he did
this and he replied - almost amazed that I would ask such a silly question - that he was saving the good wine for a special occasion.  After considering his answer, I asked what could be more special than enjoying a good meal with the people you love?  Instantly, he smiled and his eyes sparkled - he'd had a V8 moment.  

Did he share the good stuff that night? Not a chance! But, it didn't take long for a man who loves family above all else to embrace the idea that simply being with those you love is indeed a special
occasion. And now, whenever the family gathers for no particular reason, he eagerly opens the good wine, and I smile.

 Yes, the holidays are a special time of year filled with ritual and parties, admittedly, special
occasions.  But, don't you think that limiting such an outpouring of goodwill and love to just a few days a year is a shame? I know that I do.  So let’s remember after the holidays that the food on our plates – whether it is macaroni and cheese or an expensive steak - is a blessing, and if we are sharing the meal with someone we love - or even just like - we are doubly blessed, no matter what day of the year it is.

Finally, I offer my favorite manners tip to all of the holiday foodies: Try a little bit of everything offered to you, compliment what you can and be kind and diplomatic about the rest.  And of course, resist the urge to begin any sentence with "When my mother/dad/wife cooks the….”  

 Happy Holidays from Spencer Crane Etiquette, LLC (www.spencercrane.com)

When Bad Things Happen to Good Legal Professionals

     The story of Cinderella is familiar to most of us.  Nice girl, horrible living conditions, probably violation of child-labor laws, happy ending.  When we are children, we believe this story and for some of us, it sets our expectations for the future.  And then, real life happens. 

     When we think of what the bad things are that happen to good legal professionals, it’s generally an event, incident, illness or other occurrence that was not within the control of that person. Here are two real-life stories: 

     #1:  When I heard the following story, I wanted to explore what occurs when bad things happen to good professionals.  Were bad things a result of a higher power?  Did we bring these events on ourselves?  Or, was this just the way of life and the end result was how we chose to deal with our set of circumstances? 

     Jim was all set and poised for a positive future.  A firefighter, happily married and living in Fresno, California, this young, well-liked man was expertly advancing his career when tragedy struck.  His young wife was unexpectedly diagnosed with a brain tumor.  Within 90 days, she died.

     Struggling with grief, Jim went back to work.  A short time later, he met an amazing woman in a golf chat room of all places and a couple of years later they married.  Back on track, he thought he had it all until he was injured on the job. Four surgeries in one year put an end to Jim's chances to  live out his career as a firefighter.  Devastated,  he believed there were few job options for a guy like him.  He did not have a college degree and firefighting hardly prepared him for other positions.

            “I had always been interested in the law,” he says, “so I thought I would give paralegal
school a shot.  I won Student of the Year and after graduation, I became the head Civil Litigation Paralegal for a small firm where the managing partner was head of the Central California Trial Lawyers Association.

     Motivated and enthused by the possibility of even bigger challenges, he went on to law school.  “I graduated and passed the California Bar on the first try,” he says.  "I actually surprised myself."

            Here's a guy who twice in his life had two serious choices. With either one, he could go through life as a victim or he could set himself up as a winner.  Fortunately, he chose the winning road.  I was curious.  What strengths do you need and what pursuits do you take to overcome overwhelming obstacles?  Why do some people survive, changed for the better and why do some fold, melt and shut down?

            In the 2004 controversial fiction and documentary film, “What the Bleep Do We Know”, a connection is made between science and spirituality.  At the core, are provocative questions about
how we participate, unconsciously or not, in an unfolding reality.  What was of particular interest was the theory about the brain.

     The simplest way to explain it is if we think a certain way for long enough, those connections between brain cells are strengthened and we automatically default to that way of thinking.  We make decisions about what events mean and what should be done.  We are not required to make a new decision with each new circumstance because with repeated experiences, our brain forms associations.  Thus, if we accept limited power for long enough, we begin to automatically go through life as a victim.

           #2  Phill is a seasoned veteran of the paralegal field.  A seminary student bound for the priesthood, he was told point blank by the headmaster that he just wasn't cut out to be a priest.  How on earth do you deal with that?  After a great deal of obvious angst, he changed his career direction to become, what else? A paralegal. With over 20 years of litigation experience, he is now a Senior Paralegal at a high-profile prestigious firm earning significant dollars and enjoying the perks.  Added to his long list of credentials is author of a well-selling book for litigation paralegals and teacher in a paralegal studies program.

            Married for over 30 years, his life had been relatively peaceful. That is, until the fateful
day his wife learned she had breast cancer.  “I was devastated,” says Phill.  “I had trouble comprehending the magnitude of the situation.  Until now, we had faced a relatively uncomplicated marriage.  I was scared, very scared."

     The next six months were filled with his wife’s treatments:  partial mastectomy, and chemotherapy followed by radiation. “I missed a lot of work,” he recalls.  “Being able to work from home, I was able to cover.”  His supervisors were extremely supportive, making it easier much easier to erase his fears of losing his job.

            What got Phill through?  “Resolve,” he says.  “There was not a damn thing I could do to medically improve my wife’s condition. I resolved to do whatever I could to help so she could concentrate on fighting cancer.” 

            Looking back, Phill’s attitude puts things in perspective. “It’s a bend in the road,” he says.  While that may sound too casual for a life changing event, this is not a laid-back mind-set.  It’s a reflection of staying optimistic and maintaining control over what he could control – his outlook. His wife’s illness changed his point of view about life and career. “I think work moved work farther down on the importance scale,” he says.  Strengthened by his wife’s upbeat attitude, the couple recently celebrated two years of remission.

     By thinking positively and staying the course, Phill and Jim were able to break free from victimization and experience happy outcomes. They reprogrammed so that positive thinking was the direction they defaulted. That’s not to say that positive thinking will cure an illness or get
your job back.  By positive thinking, we are able to choose how we live out a dreadful experience, no matter how long or how short our actual lives. By choosing fresh, creative responses, we begin to
experience a more positive, powerful life.

         In a bad experience, how does someone go from feeling wretched to absolutely rocking with self confidence?  The answer is quite simple really.  You make a decision.

         There’s a thin line between “fake it ‘til you make it” and behaving your way to success.  Jim and Phill are remarkable examples of legal professionals who, against the odds, took a positive approach to bad things happening - so much so that success was inevitable.  

     Although I can’t really say that I am a huge fan of Anthony Robbins (simply because I haven’t invested time in his work), I did run across a great quote.  ““The only way to change your life is to make a real decision.  A real decision means that you cut off any other possibility than the one you’ve decided to make a reality.” 

       Everyday we are given the opportunity to make decisions.  Decide how you want to live your life and run your career and set about with complete certainty to create it.  When bad things happen to good legal professionals, it takes a decision – go down with the event or rise from it – and turn your life around.  Bad things happening are not ever really good.  Deciding how you’ll handle it can be the best life decision you’ll ever make.  

Seeking to improve your career?  OLP is now offering an excellent eDiscovery Project Management Certificate Program.  Starting December 4th, this online, interactive program teaches you the core competencies of eDiscovery and project management enabling you to become more valuable to your firm.  Register now.  Seating limited to 15 students.

That's Not My Job

Our guest blogger today is Ninowtzka Mier.

“My boss’ secretary looked up and said the words that may have well been nails scratching a chalk board.  “That’s not my job.”

      I'm sure it has happened to most of us, at one point or another, during our professional lives. For most of us, a normal day at the office has its share of stress, angst and the occasional juicy gossip exchange. 

      And no matter what you do, I don't care how many organizational books or methods you try to follow, the work never seems to get done.  To make things worse, your patience will be tested when you least expect it.  Here’s the formula: you routinely dodge bullets, put out those pesky fires and
expertly channel your pleasant phone voice to assuage even the nastiest of clients.  As you roll along on your pings and pongs, beware, you may get blindsided by these four little words: "That's not my job". 

     These words have been known to cause neck stiffness, jaw clenching, cold sweats, and
involuntary choke holds of the speaker that dares to utter those words.  I may have over-exaggerated.  You may not actually experience cold sweats.  

    Allow fourteen seconds to pass or you may experience whiplash as you jerk your head around
to identify who had the audacity to tear away at the fibers of time had honored truths on which we rely.  I mean, didn’t this person get the memo on terms like, “There is no "I" in team”, “We are in this together,” or “In union there is strength” and stuff like that. 

            Well, it happened to me and my neck has never been the same since.  It was a simple issue, so I thought.  My boss asked me to cover a hearing in a courthouse one county away.  I dutifully
prepared for the 50 mile trip and the hearing.  I arrived on time, found parking in the 3 story garage, tip-toed down two flights of stairs in heels, crossed the parking lot, cleared security and
marched up to the Judge’s chambers.  Except that the Judge was not in, she was on vacation.  Odd.

            When I arrived back at the office 2 hours later, I asked, “Hey, did anyone confirm the
hearing?”  My boss’ secretary looked up and said the words that may have well been nails scratching a chalk board.  “That’s not my job.”  I paused and wondered if she responded this
way because she was having a bad day, maybe she was not a team player or perhaps she thought she could get away with it because I am a woman and my boss is a man.

            Her statement and my reaction to it brought into focus the unmistakably, fine line
women in practice must walk between assertiveness and, quite frankly, bitchiness.  There is the old adage that female attorneys tend to be bossy, mean and cold.  Secretaries even shudder at the thought of working for female attorneys because they have preconceived notions that we are
all monsters that constantly exhibit symptoms of PMS.  In fairness, some of us do and you know who you are.

            Then I thought that it should not matter whether or not this particular secretary would speak like that to my male boss.  It matters that she spoke to me that way and it was unacceptable.  I heard my mother’s voice and how she used to say, “Always come from a place of strength.” 
Then my father’s voice interrupted, “You teach people how to treat ou.”  A third voice said, “Hmm, I could o for a chocolate martini!”  I  resisted the martini and listened to my parents.

            I took a deep breath and, instead of growing fangs and claws, I requested that she
confirm all future hearings.  She agreed and that was that.  That was easy!  I chalked it up to a lesson in communication and anger management.  Next time I am faced with an issue I don’t
think I can solve, I will listen closely to the voices in my head - in moderation, of course.  

Ms. Mier is a partner with the Florida law firm, Robinson Pecaro & Mier, P.A. 

Managing Effective Relationships with Vendors and the RFP Process

Our guest blogger today is Joe Kanka.

Recently, I had the opportunity to be a guest lecturer as part of the Organization of Legal Professionals (OLP) Paralegal Management Certification Program. As a former paralegal, I always welcome opportunities  to speak with today’s paralegals about how they can enhance their management skills. While the topic of the session was law office management, my presentation focused on Managing Effective Relationships with Vendors and Preparing RFPs. After all, we depend on diverse services and products to do our jobs successfully. And we must have different options available to us.

In my view, the ability to effectively manage vendor relationships and the RFP process are skills that are much needed in any industry including legal. And there are several reasons for this. So as a follow up to my OLP presentation, I have decided to write a series of blogs on the importance of strategic partnering. I prefer to call it strategic partnering and not vendor management. While paralegals are in a good position to add-value to the overall vendor management program, strategic partnering skills are also needed by attorneys, managers and litigation support professionals. As I pointed out in my presentation, a successful vendor management program helps organizations to be more competitive and strategic in managing their legal operations.

As I kick-off this series of blog posts on strategic partnering, let me state at the beginning that the legal industry must eliminate the word vendor from its vocabulary and replace it with the word partner. This was the topic of a previous blog post I wrote (see Do You Have the Right Business Partners?). The word vendor is a thing of the past.  Yes, I recognize that this will require a change in the legal industry culture but one that is long overdue.   

When it comes to strategic partnering, an important exercise that must be undertaken is what I like to call synergy analysis. That is, you should conduct an evaluation of current partners by looking at:

    The strengths and weaknesses of current partners
    The benefits that current partners provide to your organization
    The impact on your organization if you lose any current business partners

This same synergy analysis should be conducted whenever you evaluate new business partners. The key is to understand how any partner fits into the organization.

You should also break out your business partners into the following three key categories:

    People partners refer to service providers, forensic and eDiscovery companies, consultants, advisors, subject matter experts and staffing firms.
    Process partners refer to those companies who can support the key processes defined by the Electronic Discovery Reference Model (EDRM).
    Technology partners refer to companies providing software and service providers with the ability to work with several leading applications.

And yes, some partners may fit into more than one category.

In my upcoming blog posts on strategic partnering, I will address such topics as:

    Why are business partners needed
    How do you find business partners
    What makes a good business partner
    What can partners do for you
    How do you best manage partner relationships
    Are RFPs really necessary
    Types of services and products you will need
    Why use RFPs
    The three phases of RFPs
    Conducting due diligence on business partners
    Partner pricing considerations

My key conclusion is that partners can help you manage the business side of law involving people, process and technology. However, strong strategic partnering or vendor management skills are a must to achieve success in today’s legal environment.

Posted by Joe Kanka, Vice President of Corporate Development, eTERA Consulting. Joe can be reached at jkanka@eteraconsulting.com.

We're number one...well, almost....

I received an email today from Charles Sipe http://www.paralegal411.org/.  According to paralegal411.org and the sophisticated metrics they use, The Estrin Report  is ranked number two (in the world? in the country? on the Internet?) in the Top 25 paralegal blogs. 

 I love that and I genuinely appreciate all of your support and thank you for what it took to get there.  This blog has been around since 2005.

But according to the paralegal411 chart, there are 26 blogs.  Does that mean that out of 250,000 paralegals in the U.S., a whole slew of paralegals who don't have the paralegal title but act as paralegals plus legal document processors (not considered paralegals but doing paralegal work directly to the public), paralegals who are called legal assistants, paralegals who have duel titles such as Office Manager/Paralegal, paralegals who have made a horizontal move outwardly or vertical climb up upwardly on some kind of ladder leveraging their careers, along with 500,000 paralegals in the U.K., uncounted licensed paralegals in Canada and countless others in other countries, there are only 26 paralegal blogs?  How do we get enough information in this day and age?

Holy, moly!  We may be underserved!  Come on paralegals!  Start writing.  Open your desktops, glom onto the Internet, go to WordPress, Typepad and other service providers!  Start writing now! Share your experiences!  Shout out to other paralegals!  Let the legal field know how important paralegals are - what paralegals do and how the job has expanded into important and sophisticated roles in the legal community!  Point to where the heroes are!  Who finds the hot docs and smoking guns?  Paralegals, of course!  Push yourselves up an invisible career ladder!  Make TV land do a series about paralegals instead of the same old, same old predictable lawyer shows!  (Paralegals have love lives too, you know.)  Write a mystery novel, be another Scott Turow but for paralegals! If paralegals don't tout their successes, who will?  Attorneys?  Bzzzzz!  Thank you for playing.  Try again. 

This field needs more outward recognition.  Who works alongside attorneys until midnight the night before going to trial but might never publically get asked to lunch?  Who catches mistakes but doesn't get the acknowledgement?  Who comes home to suddenly find out their kids aren't 4 anymore but just turned 14?  Paralegals!  So, stand up, folks!  Get some well-deserved recognition!  Social media is here to stay.  Use it to get acknowledged.  Write, write, write.

Oh, and if you could possibly link The Estrin Report up to your site or follow us on Twitter @estrin or mention us in your blog, we sure would like to make it to Number One.........

 

When to Say "No" to Your Dream Job

Have you ever wondered what might have happened in your life if you had chosen one road over another? I mean, what really might have happened?

I don't make a habit of writing about my own experiences but....several years ago while minding my own business (literally). I was approached by a major corporation (big players - cool $5+ billion a year in revenue) to head up their $50 million division.  I was pretty happy doing what I'm doing. I love being an entrepreneur in the legal field.  I have a successful paralegal training organization, I'm my own boss; and I really wasn't looking to change.  In fact, I subscribe to the old adage that you work 80 hours a week just so you don't have to work 40 hours a week for someone else. 

The position was in a different state but involved a very comfortable housing situation albeit in the cold, cold outlands of the Hinterlands.  I would have to uproot my home life and sell my business to this company.  Well, shoot.  I've been down that road before.  But the challenge was tempting and frankly, when I weighted the upside, the idea of adding Vice President of Major Corporation to my bio along with the "financial security" and an exciting, challenging scenario seemed like a logical step in my otherwise ho-hum 5 year goal plan.  I tell myself that the dollars aren't anything to sneeze at either seeing as how rumors of my wealth have been greatly exaggerated.

I was willing to overlook the fact that I would have to move to a location where there was real snow in the winter.  I'm from Los Angeles.  I have no clue that the stuff actually comes down from the sky.  I was also willing to overlook that a couple of years ago, there was a huge splash in the Wall Street Journal that the person who had the job I'm considering, walked out mumbling something about "irreconcilable differences with top management." I was also going to overlook that I had a fast-track thriving business definitely going places.  Gee, now that I think about, I was actually getting excited.

Could I leave my exquisite view of the mountains and ocean in L.A. for the eerie chill of Eerie Lake? And what about my then boyfriend who obsessed every day about his rapidly decreasing hairline, his hives, and his love handles? Would he go with me? He was having a rough enough time adjusting to sunny suburban California life after the hustle and bustle of New York City where he was a rock and roll journalist.

First, I interviewed via Skype with the headhunter who had somehow convinced me to consider this job heading up a legal division of a service provider. Then I met with a VP who flies out here to see if my personality fits.  Well, I don't know about my personality, but I sure did like his.  ( I was still very single at the time.) Then, I'm flown across the country, put in a limo with a real-live-limo-driver-with-cap-and-black suit, meet seven top execs one right after the other and hustled back on the plane.  Somehow I pass that round.  A month goes by.  I get a phone call.  I have been summoned by the exec VP, the CFO and the president of this $5+ billion Fortune Something company.  This time, they're waving lots of stock options, a new car and a relocation allowance.  Gulp.  I think they're getting serious.  But was I?

I immediately consult everything that's ever been written about how to handle a third and fourth interview: what to wear, what to say, what not to eat, how to breathe.  I have long involved discussions with my partner, advisors, mentors and oh, yes, my shrink.  I worry once again about being overweight but notice that people in the Midwest seem a little chunkier than Californians, so I stop at the local DQ.  I'm all set.

Then, I get THE CALL and not on my cell, either.  The offer is coming down.  YES!!  I order up the snowmobile. I hop on Realtor.com and find out that for the price of a garage in L.A., I can have a mansion on a lake with my own personal boat dock.  I realize I'll need floaties. Not a bad deal - even if I don't know how to sail.  One slight inconvenience: Two top execs are on their way out here to give me a final looksee.  Oh, okay.  I can't be bothered right now.  I'm busy looking into designer muckaluks.

So, these major players fly all the way out to L.A. to visit me in my office on a Sunday afternoon.  These two charter members of - I hate to say, "the good old boys network" pay a polite visit.  As Arlo Guthrie once observed, "they were inspecting, dissecting, every single part of me, and they wasn't leaving NO part untouched."

I'm all dressed up in my Sunday best.  My office smells like Pledge all the way down the hall.  I'm ready. I've role-played, studied my answers.  I am sure, confident and meaningful.  I have prepared a vision for them and know how to play this game.  I had written books on it.

Things were going well until the duo decides to play "good cop/bad cop." Badly, I might add.  The little guy was a bit too gleeful.  The inevitable happens.  They gave the what-do-you-do-when-this-happens test.  Apparently, I flunked.

"At BigCorp," says the little guy, "We would have FIRED the person in charge for that! Not tomorrow-today!" Yeah, well, I saw it differently.  I saw a learning curve, not a career buster.  This makes me a bad manager? "What kind of leader you?" Littleguy yells, swatting the table.

My heart suddenly pounded with terror.  Oh, what the heck.  I started to gag.  I can handle anything but yelling and swatting tables.  I slunk back in my chair, stunned.  Was this a proper way to treat a potential VP? Furthermore, was this how I wanted to be treated?

I felt a slight dampness. Oh, Lordy! Sweaty palms.  "Littleguy," I say, "What are you so angry about?" "I AM NOT ANGRY," he spits.  (Angry littleguys tend to spit a lot.)  "Yes," I say quietly, "I can see that." I wipe the spit from my eye and mumble that I need to get a flu shot.  Zoom.  Right over his head.

Realizing this is someone I would have to work with, I asked them to leave.  I withdraw my candidacy. In fact, I write the letter and email it to the headhunter, the president of the company and the VP with the oh-so-fabulous-personality so fast, these two corporate wannabees are still walking down to the elevator.  Would they have wanted me?  I'll never know.  What I do know is where I draw the line.  I always want to be treated with dignity and respect.  On that, I will not compromise.

I have re-evaluated my life several times since then and have reminded myself that I have created my ideal situation.  I have a wonderful husband, a fantastic business, terrific clients, great colleagues and a satisfying life. For me, this was a close call and an excellent reminder that I want to develop what I have.  The "good guy" was kind enough to send a letter of apology.  I learned an excellent lesson.  The grass is not always greener on the other side.  (Thank you, Cliche Lady.)

So now, it's back to the proverbial drawing board.  I cancel the snowmobile.  I put my bio back on the shelf.  I forget about the affordable mansion with the personal boat dock on the lake.  I take the air out of my floaties.  And life is good.  As for the boyfriend, I sent him back to New York to find his hairline, slim his love handles and put salve on his hives.  In the end, it always works out.

 

A Shoutout to Paralegals Who Plan.....and Plan.....and Plan

Today, we're hearing from Jamie Collins, our guest blogger, who is causing quite a stir with her blog, The Paralegal Society.  She's opinionated, funny, informative and on point.  Jamie speaks from the heart of a paralegal who has weathered the Bates Stamping Wars. I couldn't help but ask her to contribute to The Estrin Report.

Have you had your day hijacked recently? Ha! Of course you have -you’re a paralegal! Let’s face it, we, as paralegals, are planners. We make to do lists, organize things (and attorneys), and draw up masterful contingency plans, day in and day out. It’s in our nature. Yet,  all of our planned” days seem to spin out of control, be it via a crisis, a project, an attorney or another co-worker. We
become casualties of a to-do list hijacking.

Well, wave your to-do lists loud and proud, paralegals! Today, I’m here to share a relatable story in your honor. This one’s for you…

One morning, several months ago, as I pulled open that large, white door to exit my humble abode, a bitter chill swept across my face, and I bundled my coat more closely around me. As I began the jaunt out to my car to complete the most thrilling endeavor of removing the thin layer of snow from my cold, little windshield, I looked down and saw the most bizarre thing.  It was a plump little
Robin hop, hop, hopping down my driveway, alongside my car.

I have but one question: What is wrong with this picture? Seriously…a robin and snow?  What? That question was then followed by a short series of thoughts, including: (1) “What in the world is a Robin doing out when it’s cold and snowy?” and (2) “Oh my gosh, he must be in a state of complete bird shock.  Poor little fella. It was 70 degrees just two days ago and 30 today! Welcome to Indiana.”  That’s when it dawned on me that we (me, you, and this bird) have a lot in common. Yep, me, you, and Mister Robin.

I cannot count the number of days in the last 15 years when I’ve had work thoughts swirling about in my mind, as I showered, blow dried my hair, pulled clothes and two matching shoes from the dark closet, got dressed in my finest paralegal attire, and drove myself to another fun-filled day at the big show a/k/a my law firm.  Yep, “a plan of attack” for the day - raise the sails and rally the troops - I’m coming in strong with a list of what I’m going to do today. Ha. How many days has that plan actually entered the land of full fruition? Um…give me a minute here…actually maybe a few hours…or even a few days.  Wait a minute – has that ever happened? [insert blank paralegal
stare here]

As organized and goal-oriented paralegals, it’s in our nature to try to plan and prepare for each day’s battle journey as we make our way across the paralegal map, so we can manage to get all of the moving pieces into that paralegal puzzle. Yet, very seldom is our “plan” (I’m using that term really loosely) actually followed.  Why? I know I don’t need to tell you, but for the benefit of our student readers and newbies, I’ll elaborate. It’s because we work for attorneys, at a law firm, with clients, and a vast array of projects, vendors, responsibilities and crises at any given time.

You can “pretend” you’re going to make up a to-do list, which you will execute like a legal- tactical assault ninja once you enter the doors of your law firm. Ha. That’s when it happens.  You confidently swing open that glass door, stride through the office and into yours, and plop your paralegal behind down on that chair, only to discover that you have a one way ticket aboard the runaway railroad. You find yourself in the paralegal twilight zone as your attorney, and sometimes others, commence to running around the office like chickens with their heads cut off, you receive about 7 random client calls in a row, you’re told that the court clerk is holding on line 1 to schedule a conference, that deposition for tomorrow was just cancelled last minute, so you’ll need to call the client to advise her not to show up, your co-worker walks in with a random question about how to perform a particular task, and there you sit, madam planner…behind   torpedoed ” eyes…and for a brief moment…you believe you actually heard someone call out from the periphery of your paralegal mind “All aboard the runaway railroad - next stop - Crazy Town.”

 

Thinking back to my friend, Mister Robin, I came to the realization that if he were a person, he would most assuredly be a paralegal! Why, you ask? Who else on the planet could have awoke with a birdie to-do list that consisted of flying around to find some birdie friends, locating a great birdfeeder that’s filled with an abundance of delicious seeds, basking in the sunlight, fluttering around in a few bird baths, and hanging out in a few, select tree tops to sing (annoyingly), but instead, find himself hop, hop, hopping down my driveway, with intent, alongside my snow-covered plants and car on a mission to survive? Only a paralegal Mister Robin, that’s right!

Me, you, and Mister Robin have more in common than you might think. We roll with the punches. We allow our to-do lists that don’t always get to-done as planned, not to make us completely (using the term loosely) crazy.  We embrace challenges. We seek new projects and endeavors boldly. We calm crazy chickens with their heads cut off.  We field 20,000 phone calls with a full serving of friendliness and grace, harness the crazy and appear calm, all the while screaming internally, but bearing a smile, and more importantly, when others would give up, walk away and throw in the
paralegal punch card, we wake up with that “pretend” to do list, yet again tomorrow, even when we know our attorney just purchased us another unsolicited, one-way ticket aboard the runaway railroad, with no return trip scheduled. Yep…just me, you, and Mister Robin.

I’ll save you a seat on the train.

Jamie Collins is the Founder of The Paralegal Society™  www.theparalegalsociety.wordpress.com, a forum created to educate, motivate and inspire paralegals. She works as a senior level Litigation Paralegal at Yosha Cook Shartzer & Tisch in Indianapolis, Indiana and writes a popular column for KNOW: The Paralegal Magazine. You can reach Jamie at: jamietheparalegal@yahoo.com.

 

Is there tension between paralegal lifers and future lawyers?

The Grindstone published a pretty good article about paralegals yesterday.  It was a little about the differences in paralegal environments, responsibilities, billable hours and the joys of the job.  Although it was a bit of a hodgepodge piece, they quoted Linda McGrath-Cruz and me, so I thought what the heck, I'll share it with you:

On the USA show Suits the character of Rachel Zane (pictured above) is supposed to be an ace paralegal. She is so good, they gave her her own office (something even the first year associates don’t get.) She is complimented all the time on her great work and is in high demand by some of the partners at this fancy New York law firm but she is not personally satisfied. Her goal was always to be a lawyer but she hasn’t been able to pass the LSATs. Are some paralegals never satisfied with being a paralegal? And can they get along with those who are?

It is a pretty good time to be a paralegal. The U.S. Department of Labor forecasts 28% growth in the paralegal industry over the next decade while the plight of lawyers continues to get worse and worse. According to a job description from the U.S. Bureau of Labor Statistics, modern-day paralegals can do almost anything lawyers can do, except setting legal fees, presenting cases in court and giving legal advice. Paralegals are no longer legal secretaries. That term has truly become obsolete. But though career wise more opportunities are opening up for paralegals, there is a secret battle occurring between people who have chosen being a paralegal as their profession and those who look at the job as merely a stepping stone on their way to becoming a full fledged lawyer. The way they approach and do their work is different as is their relationships with the lawyers they work with everyday. We decided to talk to some paralegals and lawyers about this battle that makes for a rather tense work environment.

It has really been in the last 30 years that we have seen the most change for paralegals. When Christine Springer started working as a paralegal in 1988 she told the Phoenix Business Journal, “I was working with a lot of old-timers — attorneys who wanted me to fetch coffee for them. They didn’t know what to do with me. It took lawyers forever to figure out how to delegate.”

Today’s paralegals are schooled in the areas of family, criminal, tort and insurance law, as well as civil litigation, alternative dispute resolution and legal analysis. Entry-level positions typically pay $10 to $15 per hour, but some seasoned paralegals can earn as much as $90,000 a year. Though the paralegal job has no formal education requirements, many people, especially those who make it their career, may consider pursuing two to three paralegal education programs. People who have made this their career put a lot of time and money into it. This is why they may not like it when a younger person comes in and views the job as a way to make money while they attend law school or to help them get into a better law school.

Chere Estrin, Editor-in-Chief, KNOW: The Magazine for Paralegals wrote:

“There is a tremendous difference in paralegal opportunities depending upon education and size of firm. In some of the law boutiques and smaller firms, paralegals have responsibilities from “womb to tomb,” so to speak. They draft documents, attend trial, prepare closing documents, prepare settlement agreements, do client intakes, attend trial, and conduct some legal research (always a touchy area with attorneys). Generally speaking, these paralegals have a much broader scope of duties; they are not the document jockeys that some people make them out to be. In fact, many more-seasoned paralegals in firms of all sizes are actually doing what was deemed first- and second-year associate work prior to the recessions in 2001 and 2008. I know many, many paralegals who actually train first-year associates. It’s the big secret that law firms carry and associates will not talk about.

Paralegals have created a hierarchy and paralegals without much education don’t tend to get too far. They tend to do routine and repetitious assignments in firms that are not necessarily rated the highest.”

Linda McGrath-Cruz told The Grindstone:

“I am 35 years old and a career paralegal. I know from day one that I wanted to be a paralegal and for me it was never a stepping stone in the path to becoming a lawyer. There is a definite difference in “paralegals” who are simply using the job as a stepping stone. They generally don’t want to invest time in becoming great at their job… it is transitional and quite obvious.”

Illinois attorney Mary Flynn told us:

“The career paralegals were very dedicated, and had excellent work skills. The younger ones regret not going to law school but do nothing about it other than blame their mothers for steering them to the paralegal fields. Most of them have a very poor work ethic, which led me to employ law clerks rather than paralegals when I was in private practice.”

This could definitely lead to some tension. But some younger paralegals or paralegals on their way to law school do actually work quite hard but they may not do it in the style old school paralegals are used to. They may have a more intimate relationship with the lawyer they are working for or work on a different schedule. They may prefer to work all nighters to get those billable hours in. On the blog Superlegal Fun about one woman’s personal work adventures as a paralegal, she broke down how the billable hours work at her firm:

“My law firm requires huge billables. Here is the math:

Requirement:

Yearly: 1800 hours
Monthly: 150 hours
Daily: 7.5 hours

Now, those requirements don’t seem terribly difficult to achieve, except you need to also consider the following:

About 15% of my cases are contingent cases, so those do not count. I spend about 20 hours per month on those cases.

Administrative tasks end up costing me about 20 hours per month. Which include 2 hour case review meetings every week or every other week.

So now, I really have to bill 190 hours per month (2280 per year, or 9.5 per day).

My salary is based on 8 hours per day, meaning that the firm needs to pay me, and I have to work 1.5 hours extra every day to meet the minimum requirements (which is approximately 16.5 hours extra per pay period).

Now, if I were to exceed the requirements, I would increase my bonus that much more. If I cut back on 0.2 administrative hours each day (12 minutes), I could increase my billable hours by 4 hours each month or take a half day off each month without cutting into my billables.”

It is well known that pressure to produce billable hours increases the temptation to keep hours or income up by overworking files, overstating the amount of work actually performed, or failing to complete work in the most efficient manner. That is why paralegal associations have created strong codes of ethics addressing these issues. For example, NFPA Ethical Consideration 1.2(c) requires paralegals to “ensure that all timekeeping and billing records prepared by the paralegal are thorough, accurate, honest and complete.” But how paralegals compile these hours may provide a whole set of problems.

We are not accusing younger paralegals of being rule breakers to get ahead but that they may have a different work style completely then people who are paralegals as their chosen profession.

Read more: http://thegrindstone.com/office-politics/is-there-tension-between-paralegal-lifers-and-future-lawyers-188/#ixzz23dcnXpvc

 

Tough Negotiating for Tough Times

If you’ve ever read the lists for Top Ten Stressors, losing your job or looking for a new one is right up there with life altering events. After finding that dream job, you hold your breath hoping the right amount of money is offered. That little stressor is guaranteed to give you hives, insomnia or worse, little crow’s feet right around your perfectly smooth eye-area.

Relax. Chances are if your strategy is in place, you’ll end up getting the dollars you want or at least, pretty close to it. You’ve got to know at this point in your career, that there are ground rules to the negotiating game. Some of those rules work and some, well, let’s just say because nothing in life is a guarantee, they’re good to know about anyway.

1. When asked the salary you are seeking, don’t give a range as it gives employers permission to offer you the lowest amount. Many legal professionals say, “I’m seeking between $85 and $95,000” and are taken back if they receive the lower figure. It’s much better to say, “I’m looking for around $90,000”, or, “I’m seeking the upper $80’s.”

2. Never lie about your current salary. There are three things employers can check: dates of employment, reason for leaving and salary.

3. Get your hands around current survey data. If you are offered an amount below market, you might say, “According to recent salary survey information, this offer/raise is slightly below market. How can we work together to bring the up the base?”

4. Do not respond with close-ended statements such as:

a. This offer is less than what I earn now.

b. I would like the compensation part of the offer re-evaluated.

c. Can you change the salary?

d. The base salary is lower than what I expected.

There’s no room for negotiation. You’ve responded negatively to probably a well-thought out offer/raise. It is better to respond:

a. I appreciate the pressure you must be under. I would like to find a way for us to resolve one area of concern. I’m hoping that the firm has some flexibility.

b. Thank you for this insightful offer/raise. However, there is one remaining issue I hope we can resolve together.

c. I have some concerns about the level of assignment compared to the corresponding pay. Can you clarify a few things for me?

5. You also might say:

a. Given your need for someone with my background and given my interest in this firm, can you share with me how we might exercise some flexibility?

b. How can we reshape this compensation package?

6. If you still can’t get them to come up try:

a. In what ways can we redefine this offer/raise?

b. Other than compensation, can we think about changing the nature of this offer/raise?

7. You might be able to negotiate additional perks instead:

a. A better or private office

b. Additional vacation

c. Credit for more experience with the firm

d. Salary in lieu of health insurance (perhaps your spouse has you covered)

e. Better or stronger title (You can leverage it for more money.)

f. Continuing education

g. Salary review in 3 – 6 months.

You are taking a risk when you start negotiating. Employers may say no or even, while rarely, withdraw the offer. But if you accept an offer knowing that you are not happy, you’ll probably be looking to leave in a very short time.

Decide what your acceptable range is. Factor in current salary; market rate; location (some regions pay less); firm size; market conditions; practice specialty and level of assignment.

Don’t expect to go much higher than current market unless you have an exceptional skill you bring to the firm.

Walk in prepared for a collaborative discussion, not a fight. A decision to accept is based on many factors. Salary is only one. Make an intelligent, informed decision. Above all, don’t go to the session with an “all or nothing” attitude. You’ll be defeated easily.

If you are leaving too much on the table, leave the door open to be reviewed in 3 to 6 months. Ask for a salary not a performance review. If you do get the firm to commit to a mid-year review, get it in writing. Three months down the line, it will be difficult for the reviewer to recall exactly what was said, or it’s even possible that the same person will not be in that position.

Portray a positive, confident, easy-going legal professional and above all, don’t issue an ultimatum. They aren’t effective. If you are working with a headhunter, for heaven’ssake, make sure they are skilled in negotiations!

Nothing is worse when the headhunter does not understand what you want. If you are negotiating on your own, here is a greatopportunity to get involved in the process. Only you can take your career where you want it to be.

5 Ways Corporate Paralegals Add Value to GCs

Our guest blogger today is Joe Kanka:

Five Ways Corporate Paralegals Add Value to GCs

 

The recent article by Shannon Green in Corporate Counsel on Creating a Curriculum for a School for GCs was a very interesting read even with it being fictitious in nature. A couple of key points stuck out in my mind relating to the importance of law department management and learning the
company business. Having worked as a corporate paralegal for AT&T and Bell Atlantic (now
Verizon), my experience tells me that one more topic should be added to the hypothetical GC curriculum: How to Effectively Utilize Paralegals to Better Manage Law Departments.

Corporate paralegals are in a position to add value in number of ways to GCs and legal departments. As I have previously written, managing corporate legal departments in today’s global environment requires a unique combination of legal, business, management, technical and soft skills. And let’s not forget that corporate legal departments must manage a full plate of issues,
risks and threats to achieve key business objectives. So given the need for multiple skills to manage various matters inside the corporate legal department, let me provide an overview of the five ways that paralegals can add value. 

1.    Air Traffic
Controllers – Paralegals can manage a number of legal projects while multi-tasking and making sure nothing falls through the cracks. However, this does require exceptional project management skills and abilities. But the ability to keep several planes in the air at the same time without any one plane crashing and burning is one way for paralegals to add value. Thus, paralegals can act as
air traffic controllers and help GCs manage a wide range of tasks and issues that must be handled every day. Two important skills to learn include the ability to anticipate what will be asked for or needed in advance and the ability to prioritize assignments.

2.    Internal Champions –
Paralegals very often work with internal clients comprising department heads, managers and subject matter experts. Internal clients  include colleagues from departments such as marketing, operations, procurement, finance and accounting, human resources and public relations. Thus, paralegals are in a great position to act as internal champions for the corporate legal department by developing strong working relationships and exceeding the expectations of internal clients. However, this does require exceptional client service and soft skills.

3.    Resource
Coordinators – Since GCs and corporate legal departments depend on outside service providers and vendors, paralegals can effectively serve as resource coordinators. As resource coordinators, paralegals can help identify, screen, select and manage third-party relationships including eDiscovery providers, software vendors and staffing companies. Paralegals can also help
coordinate resources with outside counsel. This is an added value because paralegals will be able to utilize just-in-time resources and deploy necessary swat-teams to help manage projects in the most cost effective and efficient manner. Since technology has a great impact on the operations of corporate legal departments, I would recommend that paralegals help champion an internal
New Technology Committee and serve as members.  

4.    Process Managers –
If you think about it, there are several key processes that must be managed inside corporate legal departments. Paralegals can effectively add value by being knowledgeable and managing several of the  processes that include: legal holds, eDiscovery, document review, crisis management, project management and   budgeting. I would recommend that paralegals help champion an internal Process Improvement Committee. In addition, I would recommend that paralegals champion an ongoing Legal Matter Spend Analysis (LMSA) program focusing on tracking expenses associated with outside service providers and vendors. Paralegals can also develop a set of vendor performance metrics and monitor them to make sure that such metrics are being met.

5.    Intelligent
Officers – Last but not least, paralegals can add tremendous value by serving as intelligent officers. Each and every day, corporate lawyers seek out information and data they need to make informed business decisions and paralegals are in a unique position to provide what is needed. This of course requires a just-in-time information management system complete with reports.
Remember, whoever controls the information runs the show. And with paralegals involved in the day-to-day operations of document and data management, they can add value by providing real-time information. In addition, paralegals can help the legal department stay on top of the internal happenings of the company and provide necessary feedback.

My own personal believe is that for those corporate paralegals who are able to successfully serve these five roles, they will be well on their way to successful careers inside the corporation. This will be especially true if paralegals can document how they helped to achieve cost-savings, gain greater efficiencies and enhance decision-making abilities.

I would welcome feedback from the corporate paralegal community on working together to help you succeed as Air Traffic Controllers, Internal Champions, Resource Coordinators, Process Managers and Intelligent Officers.

 Joe Kanka, Vice President of Corporate Development, eTERA Consulting.  Joe can be reached
at jkanka@eteraconsulting.com.

When do you reveal you're going to law school?

A paralegal posted a common question to one of the LinkedIn groups: “Am I absolutely out of my mind trying to find paralegal work, with no experience yet, only certification, and entering law school in the fall? Not exactly the ideal situation for a lot of hiring companies, apparently.”

Naturally, I had to put in my $.25.

No one who is seeking further education is out of their minds! That being said, looking
for a job and intending to go to law school can present a problem for most law firms.  These challenges center around time, money and disruptions.

There are two types of hiring: career paralegals and transitional. Those who are career paralegals have selected this field with the intent of staying in it.  Those that are considered transitional
will work with the intent of moving on to another position outside of the paralegal job. They  use the position as a bridge to somewhere else.

Transitional paralegal jobs are more prevalent in some parts of the country. There are major firms such as Skadden Arps and a few others who have established a job category directly aimed at the transitional paralegal. The position requires little or no experience and seeks those who only need to devote 18 - 24 months to the firm.  These folks are on their way to grad school or law school. The majority of transitional hiring firms  are located in New York, with a few in San Francisco and Chicago.

My suggestion is not tell your potential employer that you are on your way to somewhere else and stopping in for a look-see.  Employers may hesitate to hire you because of the significant investment they will lose when you leave in training, recruitment, and then re-recruitment expenses in a short period of time.   They may also think that you will be seeking a job as an attorney at that firm and that may not be possible.   Meanwhile, you may be of the belief that telling a potential employer you're going to law school somehow increases your chances of getting hired.  Think again.

Frankly, what you do in your own time, as long as you get the work done, is your business.  The action of entering law school has not yet happened - even if you have been accepted to the finest school in the country. Right now, it’s in the future, perhaps a dream, possibly a nebulous goal but definitely not yet a reality.  There are a whole host of things that may happen between now and the time you do enter law school. The fact is, some paralegals with law school intentions end up not going for whatever reasons. One of which is they love the paralegal career – another is, ‘lo and behold, after looking around and gaining first-hand experience, it slowly dawns that life as an attorney is not exactly as Law & Order  makes it out to be.  Hmmm….imagine that.

A Stress Free Career? Are You Living in Dreamland????

  Stress doesn't really scare me. It is part and parcel of our lives. Why, might you ask, would anyone say that?  Probably because in the second half of my work life, I have found the secrets to a relatively stress free career.

 Article after article has been written about stress.  It’s the same old, same old:  manage your stress, have a plan, stay positive, visualize your last trip to Hawaii in the sun-soaked terrain, exercise daily and get regular hot rock massages.   That, or have a glass of good merlot, get in the bathtub with lots of Evelyn & Crabtree and listen to old Doris Day songs. I don’t know where some of these authors get this stuff, except to say that they must live in  Dreamland, somewhere east of here.  Have they ever worked in a law firm?    

 I used to be the most stressed-out person I knew.  I averaged 90 hour weeks in the legal field
as an executive in a $5 billion corporation, traveled three weeks out of four, answered to some big shots who thought they owned the planet, and managed hundreds of people.  It wasn’t much different when I was a paralegal manager. 

There were critical deadlines to meet, difficult attorneys to juggle, anxious clients to handle and something called a “minimum billable hours” requirement, now referred to as “suggested” hours in a more politically correct and less actionable environment. 

     I recently looked at a picture of myself during that era.  I was holding my new-born niece, Cristina, a joy to behold and I looked like I just escaped from a train wreck and stopped by to say howdy.

   Several years ago, California Lawyer magazine published an article by Richard Carlton, author of “Don’t Sweat the Small Stuff” that cited: “Among members of the medical community, there is a growing acceptance that stress from long working hours, such as 70 hours a week or more, may contribute to the onset of clinical depression. A study of 10,000 adults by a team from Johns Hopkins University discovered that among all the occupational groups represented, attorneys had the highest prevalence of signs and symptoms of clinical depression.

     In fact, the rate of depression among the attorneys studied was 3.6 times the norm for all occupations.”  The article further stated that, “Psychologists observe that attorneys, who are trained to be impersonal and objective, often apply the same approach to their personal problems and are reluctant to focus on their inner emotional lives.”

     Wow.  Examining the state of mind of those around you in relation to why your atmosphere seems stressful is very revealing, indeed.  

            First, let’s debunk some myths about workplace stress. 

                         Stress is not cured by working fewer hours.

              
Myth #1:  Stress is normal for anyone working in the legal community.  The stakes are high and when the stakes are high, so is the stress.  Anything can go wrong at any time.  Stress is even good for you because it pushes you to perform.
           
     Some people think that if you’re not too busy, you’re not really crucial to the organization, particularly when you are rewarded for high billable hours.  But stress does not mean you matter. It either means that something is wrong at work or that you’re not doing a good enough job of
matching your tasks to your time. Worse, it also means that you get less work done, because stressed people are less efficient, worse communicators and worse at making good decisions.           To accept stress as a normal condition of work is bad for people and bad for business.

There are also certain delusions we create for ourselves.  Declaring that you thrive under stress is a justification for procrastination. Sure, there are people who can’t figure out how to deliver anything until the last minute. But this is a crisis in confidence (fear of starting for fear of failing) as opposed to stunning brilliance unlocked by stress.

            Myth #2: Stress is caused by working too much.   But then, why do some people work 80 hours a week and feel great, while some people work 30 hours and get seriously stressed?  Here’s why: stress has nothing to do with the number of hours you work, and everything to do with how you feel during those hours. If you work 100 hours a week feeling great, having fun and
taking pride in what you do, you won’t be stressed. If you work 30 hours a week feeling inadequate, bullied or unappreciated you will be stressed.  Stress at the workplace does not always cause unhappiness. Your workplace happiness hinges more on whether or not you like your work than on whether or not your work is stressful, according to Alan Krueger, professor at Princeton University.

            Myth #3: Stress is cured by working fewer hours.  Most workplaces react to
stress by reducing employees’ workloads, responsibilities or working hours and in serious cases by giving people long sick leaves. According to Danish medical researcher Bo Netterstrom who has studied workplace stress for 30 years, this is a mistake.

            Netterstrom claims people hit by stress need to increase their confidence at work. While
time off can be necessary to treat the immediate symptoms of stress, a long absence from the workplace does exactly the opposite. When people return, they’re even more vulnerable. Worse, some never return to work at all. Reducing work or leaving work temporarily doesn’t fix any underlying problems. When employees return to work or to “normal” work conditions, nothing has changed and the stress returns quickly.

Myth #4: Stress is cured by working more.   Falling behind at work from time- to-time is a
given in this 24/7, Internet accessed, Blackburied work world. Believing that if you work really hard for a while you’ll catch up and then stress will go away is a fairy tale. It won’t “just go away” for two reasons:

1.         Workplace stress does not come from falling behind at work. It comes from how you feel about falling behind. 

2.         In most law firm environments, people will always be behind. There is simply too much work. Finishing all your assignments basically means getting more work along with the
career enhancing opportunity to push your billable hours even higher.  

            A temporary push to reduce a pile of work or meet a deadline is fine. But all too often
that temporary push becomes the new standard.  So the solution to stress is not to work harder to catch up because in most law firms, this is impossible. The solution is to feel good about the work you finish and not to get stressed about the work you don’t finish. It’s not that you should stop caring or not look for a solution.  It’s that you should avoid a vicious circle:  being stressed makes you less productive which means you get less work done and become more stressed.  

            Myth #5: Stress is cured by focusing on stress.  There’s a lot of the literature and training about workplace stress and the typical content is:

• What is stress
• Symptoms of stress
• Health implications of stress
• How to fight stress 

       
     This is often presented by stress consultants who privately garner their own list of stressors.  At this point, I have one big ho-hum for all of that.  Focusing on stress is not the way to remove it - it’s a great way to create more stress. A better strategy is to focus on what gives you peace and energy. 

The Truth About Stress 

       Work does not give you stress. Feeling bad about work gives you stress. This means that changing your work hours, responsibilities, priorities or work environment is meaningless, unless it also changes the way you feel at work. Those stress management courses will not do the trick either, unless they can achieve just that.

      Most common sources of stress for legal professionals undefined deadlines, lack of control over time, difficult clients, escalating intensity, no margin for error - are outside of a paralegal’s personal control.  What truly determines how much stress these circumstances cause paralegals is the degree to which these “givens” are perceived or interpreted as threatening. Any perceived threat - real or not - triggers our body’s “fight-or-flight response.” Over time, it is possible to modify how your body reacts by paying attention to how you perceive situations as threatening.
    
     Ask yourself whether an issue really justifies your current reaction to it - or, whether or not it will matter at all a month later. Practiced regularly, you can keep matters in perspective so that stress is relative to the importance of the situation.

What Do I Do Now?
           
     Given that I have knocked a number of standard stress articles, I do have a few suggestions that personally helped change my life around.  Everyone can find a way out of stress and some may wish to seek professional counseling. Let me share a few things that I found helpful:
           
1.         You can’t change things if you don’t acknowledge them.  Ok, so I’m quoting a TV psychologist.  But he hit it right on.  When it was first brought to my attention that I was stressed out, I was in total denial.  Because I was fearful of being accused of failing and I wanted to do a great job, I denied I was stressed-out.  To me, it was a sign that I couldn’t deal with the job.  What I really needed to change was my responses.  Acknowledge what is.  Without that acknowledgement, you cannot take action.
        
2.         Learn to really laugh. 
How long has it been since you laughed out loud, long and hard?  I mean a good belly-laugh.  If you’re stressed-out, it’s probably been awhile.  Laughter releases endorphins, natural pain-killers.  It boosts immune function by raising levels of infection-fighting T-cells, disease-fighting proteins called Gamma-interferon and disease-destroying antibodies called B-cells.  In short, it’s great medicine.  
           
3.         Make a friend at work. When you have someone you can confide in, someone with whom you feel secure, trust, can share the ups-and-downs of the workplace, you feel better.  The environment somehow doesn’t seem all that bad.
         
4.         Make a decision.  The only way to transform your life is to make a decision to change and honour that decision.  Decide how you want to live your life and then set about with
complete certainty to create it.  The most critical time in my career came when I decided that I wanted to create the environment that was right for me. I no longer wanted a fancy office in a Class A building in the middle of a prestigious district.  I wanted to own my own business, work from home and call my own shots.  I haven’t looked back.  And, I’m one happy camper.

Interested in moving up the ladder?  Paralegal Knowledge Institute is now offering a certificate in Paralegal Management.  Check out this excellent tool to fast-track your career.

 

         

A Plan to Develop Your Successful Career

If you're reading this now,  you're probably thinking that I have a magic bullet for you - one that will propel you to paralegal stardom.  I'm sorry.  I don't happen to have that.

What I do have, however, is 20+ years of experience witnessing success stories.  And you know what?  Each paralegal I witnessed who made it, all had a secret weapon - they continued to get more information and expand their skills through continuing education, seminars and webinars and were thereby recognized by their firms as "the expert."  You have to remember, you're in a field that treasures academic achievements.

That's why, I want to present some opportunities today to get you up off the lounge chair after work, get yourself over to the computer and start taking some fantastic online, live seminars and webinars and get yourself up-to-speed.  It's critical for paralegals to add to their tool basket immediately as some are still getting laid-off because frankly, they are the weakest, .

The Paralegal Knowledge Institute and the Organization of Legal Professionals (OLP) are offering some of the best paralegal, litigation support, eDiscovery and specialty training I've seen yet.  Sure, I may be biased but I don't do the teaching.  The instruction is from top experts in the country and boy, have they put together some high-powered courses.  Here are just a few:

•  Practical Legal Ethics for Paralegals
• Medical Records:  Analysis & Interpretation
• Controlling Costs & Risks of eDiscovery Before Processing
• Up to Speed with Trial Director 6.4
• eDiscovery Project Management
• Certificate Program in Paralegal Management
• Process of Document Review
• Litigation Street Smarts
• Fundamentals of eDiscovery 101
• Anatomy of a Trial: How Each Segment of LitSupport Relates to Trial
• Summation:  New Tips & Techniques
• Paralegal Role in Real Estate
  
  Coming up:  Certificate programs in eDiscovery and Litigation Support.

You'll benefit by acquiring a more polished and powerful style, gain more confidence, prove that you are a leader and understand the unique challenges faced by every paralegal.  For those of you who think you are better off learning strictly on the job, it can take years of zigging and zagging before you end up with the proper instruction.

The difference between learning on the job and learning from experienced instructors who have hands-on experience can make or break your career.  If the inexperienced trainer in your firm cannot teach well or does not herself have the proper training (and you wouldn't know until you put the trainer's methods into play), you have literally busted your career.  In an online classroom environment, you are taught with proper training techniques aimed at the adult student in a proven format designed to make you learn.

I encourage you to go out and master your specialty.  Don't just "learn" it piece by piece, in no particular order and only as people may have time to train you.  You wouldn't want a nurse or doctor to learn the same way!  Why would you allow yourself to do that?  Makes no sense.

Sign-up today.  Here's what you'll lose:  nothing.  Here's what you'll gain:  a better, more satisfying and lucrative career. Go get 'em and let me know how you do.
  

The eDiscovery Salary Survey - Why You Should Take It!

The Organization of Legal Professionals is conducting an important eDiscovery Salary Survey that will show you where you are in relationship to others on salary issues.  If you are a paralegal and in any way, deal with eDiscovery, you need to take 3 minutes to do this survey.

Why?  Because the survey can help get you a better salary; information that has never been made public before; match your job duties to a real title; and tell you whether you are getting market rate, are underpaid or you are at top dollar.

We need you to participate!  The survey is completely anonymous.  The best part, is that you get instant results after taking the survey.  You can immediately bring it back to your firm and rally for that raise!  No firm wants to be underpaying paralegals.  If they are and word gets out, they may face costly turnover.

Do yourself a favor.  Take the OLP eDiscovery Salary Survey sponsored by Nuix now.  You'll be glad you did! 

Holy, Moly! Paralegals are Running for Office

This week's paralegal blog from the Minnesota School of Business had an interesting post about paralegals running for office in 2012.  Talk about expanding your career options! 

Here are some of the candidates running campaigns.  I assume that paralegals have an excellent foundation to run for certain offices: Dealing with difficult attorneys, working overtime, tons of documents everywhere, sitting in meetings that go on and on and on, decision making via group decisions, and in this market, slashed budgets and few resources.  Perfect.

Bonnie Somer – U.S. House of Representatives

Bonnie Somer is a Republican candidate seeking election to the U.S. House of Representatives representing the 5th Congressional District of New Jersey. She is seeking the nomination on the Republican ticket and will face incumbent Scott Garrett and challenger Michael Cino in the June 5 Republican primary.  Somer, who has been a paralegal and now works as a medical assistant, sees the health care law as unconstitutional and says Washington has become a place of insiders.

Bob Kern – U.S. House of Representatives

Bob Kern is a Democrat candidate seeking election to the U.S. House of Representatives representing the 7th Congressional District of Indiana. Bob “Citizen” Kern identifies himself as a paralegal and criminal offenders’ rights advocate. Kern has previously ran for Congress but has lost in previous elections.

Linda Pritchett – George State Legislature

Linda Pritchett is a Democrat candidate seeking election to the Georgia State House of Representatives representing the District 63. District 63, a newly created district, covers North Fayette, South Fulton, and South Clayton Counties. Pritchett is a certified paralegal, specializing in the areas of foreclosure and family law.

Barbara Nash – Texas State Legislature

Barbara Nash is a Republican candidate seeking reelection to the Texas State House. She has been a member of the State House since 2011. Nash represents House District 93 which includes Arlington and Tarrant County. Nash is self-employed in real estate investments and became a certified paralegal in 2001.

Gina Burgess – Allen County Council (Indiana)

Gina Burgess is a candidate seeking election to the Allen County Council in Indiana for an at-large seat. Allen County includes Ft. Wayne and surrounding areas. Burgess is a paralegal and office manager. Since 2000, Burgess has worked as a paralegal and office manager at the law firm Whitmore & Associates law firm. She gained experience in a wide variety of litigation experiences, including real estate transactions, small business and corporate set-ups, contracts, civil litigation and more.

 

The Win-Win Meeting - How You Can Make a Difference

Our guest blogger today is Beth King, RP

Collaboration with stakeholders is usually a good bet if you want to achieve a common goal.  Unfortunately, collaboration usually means yet another meeting on our already full up calendar.  Most of us think meetings are a waste of time – after all, if we are always in a meeting, when do we have a chance to get the work done?  Because of this, it is important we find ways to make meetings productive.   Planning ahead and learning to manage meeting show stoppers plays a huge part in the success or failure of a meeting

1.  Have a clear agenda with a start and stop time.

2.  State the rules of the game at the start of the meeting.

3.  Allow only one person to talk at a time. 

4.  If people are having sidebar conversations while others speak, interrupt them.

5.  Limit talk time.  Be prepared to interrupt the orator who keeps regurgitating the same information.

6.  Allow some humor, but find ways to keep your meeting from being derailed by the continuous comic.  If you are the facilitator, smile and pull everyone back onto the agenda.

7.  Know your participants.    Lawyers, paralegals, law firm administrators, clients all contribute differently. Some are afraid to open their mouths – ask for their input.  

8.  Ask for everyone’s thoughts, especially their agreement or disagreement.  This will head off the last minute objections. 

9.  End the meeting with a summary of the decisions reached and individually seek verbal assent or dissent before closing the meeting.

10.  Distribute minutes of the meeting.

(Portions of this commentary were taken from The Wall Street Journal article by Sue Shellenbarger that appeared on May 16, 2012:  Meet the Meeting Killers)

Change Your Game Plan - Change the Odds of Your Success

Back in the "old days" which can mean going back a mere six or seven years, a legal professional with a degree who demonstrated solid work experience, could pretty much be assured that she would find a job. Generally speaking, few worried about going back to school. 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 have heard from a number of legal professionals around the country: one is living in a motel fighting foreclosure; another high-profile professional was laid off  last October and has not yet found a position; and still another, with 26 years of experience, has been out of work for a year.

Reviewing their resumes, I see one strong component missing for a productive and short job search: nothing in their resume indicates any update of their skills. Nothing. While it is true that their skills and abilities are significant, job duties listed on a resume do not always indicate that you have made the effort to keep those skills up-to-date. Even those currently employed need to take on new challenges and gain knowledge through a designated plan.

Law firms are very selective in whom they hire. This means, more often than not, those with more recent education are hired first thus increasing the value of continuing legal education.

Most people sure do know about recent law firm closings that seemed to have happened suddenly or out of the blue.  Unless you are privy to Executive Committee meetings, you really do not know the current financial situation of your firm. Just that fact is another reason why it is essential to pursue education and be assured you are in the know of the latest trends and techniques. Waiting until a firm closes its doors or passes out layoff notices is a surefire path to long-term unemployment.

The Bureau of Labor Statistics (Number of Jobs Held – A Longitudinal Study, June 27, 2008) states the average person changes jobs 10.8 times during the ages of 18 and 42. These numbers indicate employment stability is really unsteady for everyone, including those with college and law degrees and paralegal certificates - another reason why continuing legal education remains a positive step.

Are you rolling the career dice? You do have options.

Pursuing a bachelor, masters or law degree is not always the answer. Consider a certificate program or a single course designed to improve skills. For example, completing an eDiscovery course increases your value. Planning for continuing legal education is essential to success, along with selecting the right courses.  It always amazes me that people plan for everything else that is important in their lives: children, buying a house, retirement, vacation but when it comes to planning their career – the very thing that supports those decisions - it’s a roll of the dice.

Law firms that pay for continuing education understand the value it brings to the firm.  Other firms simply don’t get it which causes many of their employees to avoid getting additional education as they in turn, refuse to pay for it themselves.  Talk about short-sighted!

Here are five tips to help you get what you need:

Look to Your Community

Community colleges and associations offer low cost continuing legal education courses generally focused on specific skills – anything from using a particular software program to going to trial.

Remember Scholarships

When the economy is on a downturn, attendance in continuing legal education courses and paralegal programs actually increases. Savvy legal professionals want to position themselves for better jobs when the economy loosens up. Some CLE providers offer scholarships or tuition assistance programs to help support those who have been laid off.

Two good examples are the Paralegal Knowledge Institute and the Organization of Legal Professionals (OLP).  In the past year, OLP has given approximately 40 scholarships to long-term unemployed legal professionals.

Beating the High Cost of Textbooks

Books, 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 might be able to check the book out from a law library or even borrow one from a former student. Check with students who previously took the course or ask the instructor for referrals.

Earn Extra Money for Continuing Education

If 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. Or, choose to keep it simple: babysitting, dog walking, starting a website to earn money, even renting out a spare room. It's not as difficult as you may think.

Making the Connection

The benefits of continuing legal education include improving and protecting your situation and beating the lingering effects of a challenging marketplace.  Don’t short change yourself.  Change your game plan and increase the odds of your success.

Are you a "Certified Paralegal"? Maybe not.

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.....)

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.