The Estrin Report

The Paralegal Bill of Rights

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18. The right to a very fulfilling career.

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

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

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

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

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

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

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

26. The right to mentor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Informative Articles, Interesting Blogs.....

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

Legal Articles & Blogs:

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

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

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

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

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

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


Litigation Tips & Techniques:

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

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

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

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

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

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

Legal Writing and Research:

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

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

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

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


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

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

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

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

Technology Tips and Tricks:

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

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

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

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

Law Office Management & Ethics:

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

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

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

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

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

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

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

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

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

Paralegals, Mind Your Manners

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

The First Rule of Etiquette

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

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

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

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

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

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

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

Happy Holidays!

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

 

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

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

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

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

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

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

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

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

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

 

New LitSupport Survey Shows Managers Get Big Bucks

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

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

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

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

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

Here are some of the many insights uncovered to date:

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

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

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

Mayo Clinic Legal Dept. Says Paralegals Are Awesome

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

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

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

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

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

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

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

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

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

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

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

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

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

 

7 Habits of Highly Unsuccessful Paralegals

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Are Good Manners A Requirement for Business Success?

Guest Blogger: Stacey Wagner

 

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

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

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

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

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

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

 1. Show Respect for Others.

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

2. Practice Restraint When Sharing Personal Information.

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

 3. Practice Good Grooming and Hygiene.

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

  4. Promptly Respond to Email and Voicemail Messages.

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

 5. Present a Positive Attitude. 

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

 6. Practice Punctuality.

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

 7. Use Positive Body Language.

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

 8. Listen. Listen. Listen.

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

 9. Remember that Corporate Sponsored Events are Work Events.

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

 10. Practice Good Table Manners.

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fired at Fifty: It Can Happen to You

FIRED AT FIFTY

by Tucker Mays and Bob Sloane

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

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

 I. Overcome Objections

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

Younger Boss

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

Compensation Needs

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

Technology Skills

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

II. Make Your Age an Asset

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

Problem Solving

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

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

People Management

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

Judgment

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

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

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

III. Change Your Search Strategy

Recruiters

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

Published Job Leads

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

 Target Companies

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

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

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

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

The Game Changer for Paralegals

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

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

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

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

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

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

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

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

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

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

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

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

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

Look to Your Community

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

Remember Scholarships.

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

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

Beating the Cost of Textbooks

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

Earn Extra Money for Continuing Education

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

Making Connections

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

Courses, webinars and seminars you should check out:

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

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

Happy learning!

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

By Chere Estrin and Carla Haney, CP, MBA

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

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

Tip #1: Do Your Homework

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

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

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

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

 Tip #2: Dress for Success

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

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

 Tip #3: Knock Their Socks Off!

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

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

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

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

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

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

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

Wanna Buy a Watch? Legal discount deals space gets bigger

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

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

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

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

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

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

 

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

 

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

 

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

 

    

Paralegal Knowledge Institute Makes Its Debut

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

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

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

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

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

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

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

Webinars include:

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

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

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

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

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

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

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

Let me know your thoughts on this.

 

 

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

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

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

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

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

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

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

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

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

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

Stressed out and going nowhere

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Entitled Opinion - A New Blog Column for Paralegals

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Go to:  Litigation Support Salary & Utilization Survey.

Get information that will help you make important decisions about your career!

What Happens When a Legal Publication tries for Sensationalism? Sorry, Couldn't hear you over that loud thud.

On occasion, a publication will go to print with an article that had Murphy's law written all over it from the beginning.  Such is the case of LTN's article last week on certification exams.  Trying to create (and I quote) "a huge controversy" where there was really nothing more than a bit of wheezing, LTN decided to go for the August sweeps by sensationalizing and creating controversy where basically, there was none.  Sure, some differences of opinions but not to the magnitude they thought they could push it.

I am the Chairperson of the Organization of Legal Professionals (OLP) and was contacted by Monica Bay, Editor, to answer some basically run of the mill questions about the purpose of OLP, the certification exam that rolls out soon, who is on the board, etc.  LTN was not willing to reveal to the interviewees who else would be in the article but did say that there was a 'huge controversy" over the topic.  That was strange, I told her.  I'm smack dab in the middle of it and while there certainly were some differences of opinion, I hadn't heard about any "huge controversy."  But things being what they are and the press having power,  LTN got their way.  Maybe they were tired of writing about technology, I don't know.

When the article finally came out, there were actually 4 separate articles.  By cleverly placing one of the  articles with a sensationalistic title (that I am told by the author he did not write), on top of two other articles about OLP and Ralph Losey, LTN managed to turn an otherwise run-of-the-mill story into what they apparently wanted: a tabloid story that mimicked the Enquirer at best.   What did they do?  Put the title  "Certification Exams: Sham Exams? - an article that talked about one organization (not OLP) that one author simply did not care for.  OK, that happens. Mind you, the organization's name was not mentioned in the article.  However, because LTN and the author did not want to get sued by this unamed organization, they failed to mention just which organization they were talking about and by clever placement of four articles, either inadvertently or trying to score  "wow factor" points,  managed to try to set back two years of valuable work, honesty, dedication of hundreds of people working thousands of hours for several organizations.

Then started the controversy they sought. As a result of what people thought they were reading, bloggers were blogging, publications were publishing and LinkedIn was linking about "the LTN article".  Mainly the opening lines were:

"A recent article by Law Technology News questioned the legitimacy of ediscovery certifications." The legal technology community is picking sides. So ...."

Once again, LTN was not questioning the legitimacy of ediscovery certifications.

Cleverly, they placed that article directly over two other articles, Chere Estrin & OLP and Ralph Losey.  Any reader looking at those headlines automatically assumed that all certification exams were sham exams.  It caused many people who did not read all of the articles to assume that any and all eDiscovery certification exams were scams.

Let me tell you what goes into certification:  I will stay on OLP because that's what I am most familiar with.  OLP partnered with Pearson Publications, a $7 Billion corporation that has a well-known and well-respected certification division.  OLP provided the content from top subject matter experts and Pearson provided five Ph.D.s and the technology.

OLP worked on the exam for 18 months.  The investment is well into six figures.  OLP's top experts were all volunteers who gave freely of their time.  The Ph.Ds applied the science of psychometrics - that is a combination of the science of measurement and psychology, to ensure that a fair and unbiased test is produced.  Each question was reviewed by a peer review committee.  The exam must meet the standards of the National Association of Certifying Committee's guidelines and has strict rules that must be applied.  The exam is available in over 1,000 secured, security environments worldwide.  Pearson has created the LSATs, GMATs and many certification exams in nursing, healthcare, accounting and other professional fields.  The eDiscovery exam is tough, rigorous and only for those who meet certain educational plus work experience requirements. 

In some "certification" exams puportedly given by vendors, the student takes a course, perhaps at the vendor's facility, is taught by the vendor's account reps and at the end of two or three days, is given a test at the same premises and then given the blessing that they are certified.  That is not a certification exam.  It simply means that you received a certificate of attendance and passed a test on the course you just took.  Certification is a combination of your overall education and work experience and meets certain guidelines of a governing agency. Big difference. Certification exams are not typically given by schools or academic institutions. 

Paralegals: We need your assistance.  One of the vendors,  iConect, has gotten in on the bandwagon and is sending around a one question poll that they will probably spin for their own PR.  The poll opens with the sentence, "A recent article by Law Technology News questioned the legitimacy of ediscovery certifications." The legal technology community is picking sides. So ...."

Once again, LTN was not questioning the legitimacy of ediscovery certifications.  It ran one article with one author pointing to one unnamed organization who, in his opinion, was less qualified to issue the exam.  It was one man's opinion of one unnamed organization.  Here is a perfect example of intention going wrong and here is an opportunity for you as a professional in the paralegal field to empower yourself.

We'd like your help.  Would you go to iConect poll and vote for the right to have voluntary certification?  iConect's intention seems to be to spin this for their own PR value.  I have no issue with that.  I do, however, have an issue with misinformation handed out and people voting based on misinformation. I have no idea whether iConect is for or against certification or just jumping in for the sake of jumping in. (It would make sense that they would be for certification because then law firms would feel better about the knowledge level of vendors - a question that has arisen time and time again.)

 It will take you less than a minute to vote.  Don't let 2 years of work by household names, top experts, attorneys, many paralegals, litigation support professionals and consultants go by the wayside because one publication tried to be Star Magazine and fell all over themselves possibly hurting the chances for thousands of legal professionals who want nothing more than to improve standards and move up what is now an invisible career ladder.   Certification does not have to be for everyone.  But those who feel it is for them or for those still discovering its meaning, need to understand the whole picture, not make judgements based on snippets of headlines cleverly placed that end up misleading not only the reader but an entire section of legal professionals who would have otherwise made a choice to better their career.

Go to: 

http://bit.ly/ri1rZ7  and vote for number 1.

BTW: I have taken a big chance writing this blog today as The Estrin Report is the only paralegal blog carried by law.com.  Law.com has been very good to this blog over the years.  However,  Law.com is owned by ALM who also owns LTN.  If my blog is thrown out of law.com, I guess you'll know why!  If that happens, you'll find me at the nearest Starbucks.  That'll be me: in the booth in the back sipping Tchai tea trying to figure out what the heck just happened.

Don't forget to vote! And thanks, for your continued support!

 

 

UNITIZATION: The Process of Separating Logical Boundaries from Physical Boundaries

Bob Sweat, a talented writer and eDiscovery expert is back today with another guest blog.  Bob, as most of you know, hails from the Great State of Texas where everything there is bigger - even the cases.

In the previous issue, I wrote about scanning as most cases still include a paper component; lots of it in some cases. As these two subjects (scanning and unitization) intertwine so closely it would be a good idea to tuck these guidelines on unitization away for future use with last issue’s article on scanning.

The purpose of unitization (logical document determination or LDD) is to locate and identify where each logical, self-standing document starts and ends.  Self-standing documents include letters, memos, reports, books, photographs, drawings, graphs, charts, or other compilations.  A self-standing individual document is determined by looking at its format and bibliographic information.  Bibliographic information refers to items that reside outside of the text (main body) of a document and include one or more of the following:

 Author:                    Person and /or Organization that produced or approved the document

Recipient:                Person and /or Organization that received the document

Copyee:                   Person and /or Organization that received a copy of the document

Title:                         Heading, subject or RE line of the document

Date:                        Date the document was originally produced  

In a typical paper collection, documents are found stapled, clipped or otherwise bound together.  For example, a fax cover, a letter and a report may be stapled together, but each is clearly an individual document considering each one has its own unique format and associated bibliographic data. The same principles apply to a group of images that have not been split into unique documents. It is important to get the logical documents determined for later use in databases, depositions, and trial.

Each paper or imaged collection is reviewed to find the beginning point and the ending point of each individual document.  A letter begins with the salutation and ends with the signature.  A report begins at the title page and includes all pages following thereafter in consecutive order including indexes, until the end of the report or last page included is located.

 Physical Attachments:

Physical attachments to a document should be considered a separate document from the parent (lead) document, if the document can stand on its own.  For example, a fax cover, stapled with a letter and report.  Each document can stand on its own, i.e., has its own bibliographic data that may be different from the attachment. You end up with three distinct logical documents for later coding purposes.

For example, you have a stapled group consisting of a fax cover, followed by a letter, followed by a report.  If you code them together, you may only get the information from the first document. If you code the information from all three, it can become confusing and laborious at search time.  If you use a vendor, they will code only the information from the first document as they cannot code information from all three for the price of one.  In the above case, if the fax is from Dick to Jane, the letter from Jack to Jill, and the report is about falling down the hill, then the information from the second and third document is lost and will not be found in a search.

 EXCEPTIONS:     Attachments to a contract are usually not separated (especially exhibits) and you should include appendices. In the case of Exhibits – these are typically kept together though they may include more than one document.  Data capture is typically performed on only the first document.  Addendums can be coded separate or together depending on the needs of the legal team.

Multiple Documents on One Page:

Some pages may have more than one document to a page. (For example: a photocopy of three different checks appears on one page.  Each check is considered a document, unless otherwise specified).  Each check may have the same author, but likely has different dates and payees (recipients).

Multiple Documents as One Document:

If a document has page numbers running consecutively, it is an excellent indication that all of the pages are part of the same document, even if the document contains other imbedded documents that would otherwise stand alone based on bibliographic information. This is particularly true with faxes where the fax line clearly shows the number of pages. Be careful as not all the pages may be there.

Duplicate Documents:

Duplicate documents are separate documents even if they follow each other in a group of pages.  (Documents that look alike may have minor differences in information that will affect the review or coding process).  In today’s world, exact copies of electronic duplicates may be deleted by matching their Hash Values.  Paper documents on the other hand can only be noted as potential duplicates from coded information or software programs that look at the document format fingerprint.  In the software case, you will get a percentage of confidence that a document is duplicative of another and have to hand compare.  Many times these end up being near duplicates.  None-the-less it is a technique that can help the reviewer determine whether scanned images are a match.

Distribution Lists:

Distribution lists should not be separated from the document they distribute.

Table of Contents:

A table of contents, when combined with the sections that follow make up one document.  The trailing sections or documents that follow the table should be examined as to whether the documents/sections that follow the table are actually part of the table of contents.  If the pages are consecutively numbered, that is an excellent indication it is one document.  If the pages are not consecutively numbered, the contents of the trailing documents must be examined to see if they logically match the subjects or topics listed in the table, and if so, consider it one document.

 Appendix:

An appendix or an index is not a table of contents. In most cases, a list of documents to follow is not enough of an indicator to group all the documents on the list as one document.

 A Word of Caution:         Care must be taken when reviewing reports, patents and other documents where the pages are typically text followed by drawings, pictures, or graphic representations then back to text.  These documents are not typically split up just because the format changes.  Pagination is a good way to determine the beginning and ending of these types of documents.

About our guest blogger:
Author of numerous articles, Bob remains a popular speaker and presenter of CLE webinars and seminars. He works currently as a Project Manager and Partner at Open Door Solutions, LLP, Dallas, Texas.  He is best known for his down to earth explanations and approaches to complex matters.  Bob holds a place on the Organization of Legal Professionals (OLP) Advisory Council.

Bob holds a Paralegal Certificate in Civil Litigation with Computer Emphasis, a major in Business and minor in Economics, several certificates from studies at Purdue University and has worked both as a paralegal and paralegal placement manager.  Bob has 20 plus years experience working with local and national firms on complex litigations and document management matters, especially as they relate to discovery, review and production. Email your questions or call: bsweat@opendoorsolutions.com (214) 643-0000.

SCANNING - Low Tech Highly Misunderstood

Our guest blogger today is Bob Sweat who has quite an impressive background in the litigation wars.  Today, Bob writes about scanning.....

In paper collections you usually find documents in folders and some loose in between folders.  The pages are bound by various elements, such as staples, paper clips, binder clips and rubber bands.  In the normal course of business it is not uncommon to find “logical” documents bound together. These are known as “physical” documents.  It is standard practice for a service bureau, your in-house copy department or facility management vendor to scan the pages using the smallest binding element as a document boundary. A fax cover, a letter and a chart bound by a staple or paperclip will be scanned as one document.

 Your goal is to have logical documents. This is accomplished using a task known as Unitization. When done as a pre-scanning task, the binding elements are removed and slip-sheets are placed where a stand-alone document occurs. As a post-scanning task, logical document determination is still done by humans, but using computers which is faster since it is accomplished electronically.  We’ll make the process of unitization a matter of a future article since it is a large subject.

What else needs to be decided before scanning?

FORMAT: (TIFF, PDF, JPG)

These three choices cover most of what you will need. The format depends on how you intend to use the images. Most of the popular retrieval software packages work best with TIF. Be sure to specify Group 4 (IV) TIF, as it is a highly compressed format that can be read by at least 98% of viewing software.

 Do not use TIF for color as the file will be huge. JPG (JPEG) works best for anything with color, especially photos. The next decision for TIF is whether you will want them in single page or multipage format. Be sure you check the software that you’ll be using for the correct format.

 PDF is popular these days and possibly required in government productions, however while it is great as a document transporter, it does not play well in some databases.

 DPI (dots per inch)

Be careful to specify 300 DPI as your standard. Many scanning shops (both in-house and outsourced) use 200 DPI as the scanner runs faster. Using 300 DPI creates a scan suitable for OCR and display at trial. Anything larger than 300 DPI will result in a larger file size and take longer to open and deal with in general. 300 DPI looks as good as most originals. 200 DPI looks more like copy that has degradation, which occurs when you make a copy from a copy, then a copy from that copy and so on.

OVERSIZED:

Many standard scanners can handle legal and ledger sized pages, but larger than that is considered oversized and generally charged by the square foot. When scanning oversized there are a couple of options. You can scan size for size using an oversized scanner or scan the legend portion of maps or drawings (8.5 x 11) and put a note to see original. In that way you maintain the location where the original resided.

COLOR:

Color scanning is much more expensive than black & white. You may choose to scan all color in black & white. A good practice is to scan B&W for any color page that does not have meaning and scan in color anything where the colors are used to identify important information that would otherwise be lost, ex: colors are noted in a legend as representing something specific on the page, like a bar graph.

 POST-IT HANDLING:      

If there are post-its on the documents placed by your litigation team, you will want those removed for scanning and replaced after scanning. If the client placed the post-it on the page a good practice is to scan it once with the post-it in its original place and scanned again with it removed. If the post-it is not covering text, it is easy to scan only once with the post-it in place.  If the post-it is covering text and is not pointing to a specific reference on the page, it may be acceptable to move the post-it to an open area on the page and scan the page only once.

 TABS & FOLDERS:

Typically you scan the tabs and folders. This would include only folders that have written information or labels on them. If you scan the folder information, it should be the first page of that group even though the folder label is last in order. This ensures the folder label information appears ahead of the documents contained within the folder. Be sure to exclude any page of a folder that is simply an identification of the folder number, style, manufacturer or distributor of the folder.

 MEDIA:

Many paper collections these days contain floppy disks, CDs and DVDs, even hard drives. A scanned image is usually made of the labeled side of the media to show where it was located in the collection. You also need to decide if you want a copy of media and whether or not it needs to be a forensic copy. 

 IMAGE ID:          

If you are scanning pages that have already been Bates numbered, be sure to make the image ID the same as the bates number. It will save you a lot of headaches down the line not having to cross-reference.

 BRANDING / ENDORSING:

Decide whether you are going to burn a permanent unique number onto each image at this time. The collection may be scanned for a review first, where the images get an ID number, but the pages are left unbranded or unendorsed until production when you will add a Bates number.

SUMMARY:

Understanding what is involved in scanning will help you see how applying rules and standards can greatly improve outcomes. Rules based instructions will ensure tasks are accomplished in a consistent manner and help you get what you need, not just what you asked for.

An author of numerous articles, CLE webinars and seminars, Bob Sweat is best known for his down to earth explanations and approaches to complex matters. Bob holds a Paralegal Certificate in Civil Litigation with Computer Emphasis, a major in Business and minor in Economics, several certificates from specialized studies at Purdue University and has worked both as a Paralegal and Director of Paralegal Placements.

 Bob has over 20 years experience working with local and national firms on complex litigations, ediscovery and document management matters, especially as they relate to handling discovery documents, review and production. Bob is currently a Project Manager and Partner at Open Door Solutions, LLP, Dallas, Texas, a company he help found in Jan 2002.  He is a member of the Advisory Council for the Organization of Legal Professionals (OLP).  Email your questions and comments to: bsweat@opendoorsolutions.com.

 

Are you doing all you can taking a witness statement?

One of our favorite guest bloggers is back!
Barbara Haubrich-Hass, ACP/CAS on:

WITNESS STATEMENTS 

It is important to memorialize the sequence of events in any given incident.  One way to accomplish this is to obtain statements from the percipient witnesses.  Nailing down a witness’ version of how an incident occurred early in a case can be one of the most important components of a thorough investigation.  A paralegal should not determine which witness to statementize; that is a decision for the attorney to make.   It is also up to the attorney to decide who conducts the interview with the witness.  It is best if the attorney conducts the witness statement so that the attorney understands the facts of the case, obtains all of the information needed from the witness, and can evaluate the overall credibility of the witness. 

However, some attorneys have their paralegal conduct the witness statements, while other attorneys hire investigators to conduct the witness statements.  At a minimum, paralegals play a big role in locating the witnesses, setting up the interviews, and obtaining the physical evidence for the attorney to use to conduct the interviews.

In the pre-litigation stage of a case, an attorney cannot compel a witness to give a statement.  When a witness refuses to provide a statement, then the statement will have to wait until litigation has commenced.  The witness can then be compelled to testify at a deposition through the use of a deposition subpoena.

A.         Preparing for the Interview

Knowing what information you want to obtain from the witness is the first step in preparing for the interview.  Prior to the interview, review the evidentiary documentation in the file so that you have an understanding of the dynamics of the case, and how the witness fits in with the case scenario.  It may be necessary to obtain additional documentary evidence before the witness statement is obtained.

B.         Types of Statements

Witness statements can be written or recorded.  A written statement is obtained in person as the questions and answers are written down by the interviewer.  When the statement is concluded, the statement is either provided in handwritten form to the witness to review and sign; or the statement is typed and then provided to the witness to review and sign.  Either way, before the witness dates and signs the statement, it is important to ask the witness to review the statement for any corrections. 

A recorded statement is obtained either in person, over the telephone, or by other audio or video means.  This method is particularly helpful in obtaining long distance witness statements that you otherwise may not be able to secure.  At the beginning and end of every recorded statement, it is extremely important for the interviewer to have the witness acknowledge that he or she understands that the statement is being recorded and to grant permission for the statement to be recorded. 

In order to lessen the likelihood that a witness statement may be discoverable in litigation, it is good practice to insert a sentence at the end of the written or recorded statement, as follows:

This witness statement was taken by an attorney.  It contains the responses of the witness to questions formulated by the attorney based upon the attorney’s legal analysis, and reflects the impressions, conclusions, opinions, legal research, and theories of the attorney. This document is protected by the attorney work product doctrine. Types of Witnesses For purposes of this article, an attorney is interested in obtaining statements from percipient witnesses (aka eye witnesses).  However, there are other types of witnesses, such as character witnesses, lay witnesses, and expert witnesses that will not be discussed in this article as those witnesses do not fundamentally fit the criteria of this article. Within the scope of percipient witnesses, there are “friendly” witnesses and “hostile” witnesses.  A friendly witness is someone who is favorable to your side of the case and is a cooperative witness.  In contrast, a hostile witness is someone who is against your side of the case and is adverse to your client’s interests.  Generally, attorneys do not want to statementize hostile witnesses.  Stayed tuned!  Tomorrow:  Comprehensive Interviewing Techniques

PS:  Don't forget to take the OLP Litigation Support Salary & Utilization Survey.  This highly sophisticated survey is full of valuable information for paralegals who are doing any kind of case management and using any kind of litigation support software such as Concordance, Summation, Relativity, Nuix, Trial Director, Sanction, CaseMap and more!

Find out information that usually, only your manager has access to.  It's free for those who participate and it takes 14 minutes to fill out.  Don't wait.  Get the results and make informed decisions about your career!  Use invitation code 2200.

Fear of Public Speaking is Really Fear of Humiliation: How to Cope

  The other day, I wrote the big reveal about public speaking.  Essentially, I wrote that fear of public speaking is not about public speaking.  It’s a fear of being humiliated.

I offered up 5 reasons why fear manifests itself.  Today, I’d like to take those 5 “why we’re afraid” reasons and offer up 5 ways to cope.

 1.  In the past, you’ve been publically humiliated.  Welcome to life. We have a primordial reaction to being shunned publicly—perhaps because throughout our lives, it often meant being ostracized from our circle of friends and family. When it happens as a child, before we’ve learned to master critical thinking, the mark of humiliation can become permanent. But only if we allow it.

The famous Eleanor Roosevelt quote, "No one can make you feel inferior without your consent" certainly is relevant in this instance.  No event defines who you are unless you allow it. You can choose to let an experience define your vulnerability;  choose to allow the past define your future—but that’s a choice. You don’t have to keep yourself safe and sound anymore.  You’re an adult and furthermore, you’re a paralegal or legal professional.  Translated: you can handle anything.

2.  You are self-focused not audience-focused. Instead of concentrating on giving beneficial lessons  to the audience,  we’re focused on getting approval – as if the audience were your mother.  This desperate reach for approval leads to a strong need to be perfect.  (Working with attorneys can really massage that need.)

 Here’s the irony:  if we absolutely have to be perfect, we’re going to fail because—and this is not the first time you’ve heard this— being perfect is not ever going to happen.   At what point in your life do you accept that? How do you stop having to be perfect in front of an audience?  Change your purpose from “needing  to get” to “needing to give.”

In the New Model, you are involved with your audience in such a way that the audience, not you, becomes the star.  They feel it, crave it and like it.  When you are a public speaker, you are a teacher.  By creating that shift, a significant change occurs in how you view yourself. When you’re there to give (as teachers and paralegals are), your focus on self-importance vanishes.  Self-importance fuels fear. In this moment, you are not what’s important, it’s the audience.

Here’s the hardest lesson to accept:  You’re never going to please everyone. Someone in the room is bound to not like you. The question you need to answer is:  Is that okay with you?

If not, why not?

Change the paradigm. Ask: what’s the worst that can happen if I forget something—or everything? Will the entire audience boo me?  Get up en masse and walk out of the room? Hardly. In your mind, run through what might happen.  Here's the reality: If  you forget what to say, the worst thing is you won’t be asked back to speak. And what’s the worst thing that could happen from that? Your career will not be over. You’ll have to  find a new group to speak to. The worst thing from that? You’ll discover that “the worst”…isn’t.

I first learned about paradigm changes years ago from my dad long before paradigm shifts were in vogue.  I was 19 years old and urgently needed a car.  So Dad and I went down to the local Chevrolet used car lot to pick out the vehicle that was to announce my social status to the world.  We chose a 1961 white Corvair with a rich red interior (most of you have not heard of this short-lived classic) for a great price of $400.  It was a small car with the motor in the trunk and the trunk where the motor should be.

“It’s perfect,” I sighed.  I drove away, excited, fully liberated, and loving every second of my newfound independence.  Driving down the street, I suddenly spotted a car right in front of me about to make an illegal left-hand turn.  I stepped on the brakes.  Nothing much happened except that my entire life flashed before me.  Two milliseconds later, I ran smack dab into the car in front of me.  The Corvair, with the trunk in the front, motor in the back, curled up, hiccupped and died right there in the middle of the street. 

After exchanging information with the other driver, I hiked over the nearest 7-11 and called my dad. (There were no cell phones in those days.)  Sobbing into the phone, I tried to grasp how the car I owned for a total of 16-½ minutes was now a mere memory.  Nothing could console me.

“Dad,” I wailed while looking at the crumpled mess that was now attracting attention from the entire neighborhood, “I wrecked the car.  I stepped on the brakes. It…didn’t stop! I rear-ended the car in front of me.”  There was a pause on the other end of the phone as my father absorbed this information.  Finally, he said, “Honey, it’s not your fault.  She was in your way.”

He taught me a valuable lesson:  Learn to look at things differently. 

Finally—if you aren’t perfect? People love when speakers acknowledge their own mistakes. Not doing so, however, allows an awkwardness to hover in the room-not exactly good energy-management. So, make a joke about yourself and move on. Your audience will feel what you feel, so the more confidently and nonchalantly you handle an embarrassing moment, the more confident they will feel about you.

3. You didn’t prepare. Practicing is common sense. But too many speakers think their improvisation makes them a better speaker, and often they don’t bother to practice at all.  But even those who fear speaking don’t realize the incredible power of knowing their material cold. The greatest fear comes from not knowing the material; that your brain will go blank. So, rehearse! Practice looking in the mirror, on the way to work in the car, doing dishes— wherever you can. You will walk on stage full of complete confidence that will be communicated to the audience.

4. You’re mimicking old school speakers: The New Model method
tends to mitigate fear because it is about creating energy in the room, being empowered and expressive. Let’s discuss some old ways of public speaking that can bring about fear:

a) Opening with your name and a “thank you for coming” is a bad move.  Most likely, you've already been introduced.  Opening by stating your name puts an emphasis on you, which adds to the fear you already have, and thanking the audience for coming puts you in the weaker position of gratefulness that the audience took time out of their busy schedules just to listen to little ole you. That alone can generate fear.

b) Drowning your audience in too much information while you think they are listening attentively. This approach only emphasizes you and your requirement to get approval which increases anxiety and the necessity to get it right.

c) Believing you must present yourself as a serious intellectual, particularly to an audience in the legal field.  The thought of “having to be” anything is going to jangle your nerves but feeling you must appear important or studious is going to cause you to claw at the windows in a frantic attempt to get out of there quickly. And finally,

d) Standing behind a podium or sitting behind a table – the worst move you can make. Any physical blockade symbolizes an emotional barrier between you and the audience. The more physical and emotional distance between you and your audience, the more nervous you are going to be. Get out from behind and get closer to your audience.

5. You’re unsure about the value of your message. Little else can make us as anxious as being unsure if others want to hear what we have to say. I’m going to be straight with you: make sure you’re talking about something they want to hear. Know your audience.  Do your factual research.  Make sure that you really are giving value. Too many speakers talk above or below their audiences; provide clichés and old or boring material.  They don’t help the audience to see how the material is valuable in their lives. If you think your message is content free, you may be right.

When you know that you’re giving tremendous assistance to your audiences, your mood will soar.  This goes back to the giving vs. getting issue: If you’ve got value to give but you’re still more focused on getting approval, fear will nail you. But giving great value because you can’t wait to give it? You’ll be unstoppable.

PS:  Be sure to fill out the Litigation Support Salary & Utilization Survey!  It's for all legal professionals who utilize any type of litigation support such as Summation, Concordance, Relativity, Access, Nuix, Kroll, Trial Director, Sanction and more!

Get inside information on what employers are paying for skills, years of experience, location, type of firms and more.  Find out information that usually only managers get.  Move your career ahead with the critical information you need to make important decisions.  And best of all, it's free!http://www.theolp.org/LitigationSupportSalaries

 

Is Your Fear of Public Speaking Really About Public Speaking? Maybe Not.

According to public polls, the number of people suffering from a fear of public speaking
trumps fear of death.  This has always been hard for me to understand as I have always enjoyed the experience – public speaking that is, not death.

In this day and age when getting heard is so important, public speaking has become a critical tool in moving your paralegal or legal career forward.  So, what is this fear, exactly, and why is it so paralyzing? The truth is, we’re not really afraid of speaking in public.  We’re terrified of being humiliated.

It’s a subtle distinction, but a very important one. What can you do if you’re afraid of public speaking except avoid the whole mess by simply not participating?  If you acknowledge that the source of the dread is humiliation and not terror of saying what you think or know, you’ll actually stand a chance of overcoming the fear.

Don’t say, “I’m afraid of speaking in public”. Start saying, “I’m afraid of being humiliated.” You’ll immediately feel better. If you take a look at the times that you have actually felt publically humiliated while speaking, you’ll probably realize that those times are next to none.  One of my favorite quotes from Eleanor Roosevelt may help derail your negativity:  “No one can make you feel inferior without your consent.”

Let’s look at contributors to public speaking panic and the paralyzing idea that you will never be able to face your colleagues again.

1. Some kind of public humiliation has happened to us at least once in our lives.  Somewhere along the line, something we did caused an adult to criticize, cut us down or punish us for something that we thought was perfectly ok to do.  We’re surprised by the reaction to our actions.  Somewhere in our lives, our peers were brought to tears of laughter over something that we did that never occurred to us as funny.  We feel shame.
2. We’re so self-focused that we concentrate on getting approval from our audience rather than giving them a good experience. We have an inexplicable need to be perfect, no matter what.  We’re too concentrated on audience approval rather than filling the role of teacher – what a good speaker really is.  
3. We refuse to adequately prepare. We don’t know our material, we haven’t rehearsed it and we think by winging or improvising it, we are better speakers.   When in front of the audience, we forget what we’re supposed to say, lose track of what we’ve already said or fumble trying to recall what comes next. We then suffer from deep embarrassment.
4. We’re not so sure what we’re saying has value. We under-deliver or over-deliver in a frantic attempt to overcome our insecurity. We stand there wishing to God that we were anywhere else but in front of this audience today, or any day, for that matter.
5. We’re too busy comparing ourselves to someone else: the speaker who came before us, the speaker coming after us, a public figure, mentor, colleague.  We make up a derogatory self-rating system and decide we could do better but unfortunately, damage has already been done - there are no “do-overs”. 

I remember once years ago being a guest speaker for the Toledo Bar Association.  I can’t remember what the topic was.  But I do remember that midway through the talk, I had this uneasy feeling that there was something amiss behind me.  And by behind me, I meant my behind.  My gray wool designer pin-striped silk-lined suit skirt seemed to be rustling.  Rustling?  This sure was distracting. I had a feeling that I better not turn around. 

Standing at the podium, I reached around with my left hand to feel my backside.  I tried to do it kind of casually to see if I could feel what was going on.  OMG.  I could feel my underwear.  My underwear????  I kept talking and kept feeling my skirt.  Oh, Lord.  It felt like my hem had somehow gotten stuck in my zipper.  I tried unsuccessfully to pull the hem out of the zipper and to keep talking like nothing was going on back there. No success.  I began to sweat.  My recently acquired pure silk white Ann Taylor blouse I bought on year-end sale began to show tiny spots of beige foundation as perfectly formed round beads of perspiration rolled off my face and onto the collar.  I didn’t know what to do. I figured I’d better excuse myself and go fix the problem.  Even though we weren’t scheduled for one, I told the audience they were in luck!  We would be taking a five minute break.  I then walked backwards off the stage and directly into the restroom pushing the door open with my backside. 

In the Ladies Room, I found that indeed, my hem was stuck into the zipper all the way up to my waistband.  The problem was, despite my efforts, I could not get it unstuck. I couldn’t even get the skirt off or twist it so the back of the skirt was in the front and the front of the skirt in the back.  The dang hem would not come out of the zipper. The minutes were ticking down.  The audience was waiting.  Ten minutes passed. Nothing.  Fifteen minutes. Finally, in a desperate attempt to get back on stage, I ripped the hem out causing the zipper to rip wide open.  I looked at myself in the mirror.  Uh-oh. Now, I rationalized, was not the time to panic.  Oh, no.  Panic was not going to work here. 

Law firm training and being around anxious attorneys prepares you for the unexpected.  So, I did the only thing I could sensibly think of:  I yanked my blouse out of my skirt, pulled it over the broken zipper, took the jacket off and tied the sleeves around my waist.  Being a bit chubby, the sleeves barely went around my waist.  I didn’t care.  I went back on stage as if nothing happened.  As I walked confidently back onto the stage, head up, shoulders back, the jacket fell off falling directly in front of me.   I tripped over it and went straight down on my knees.  It was just one of those days.  The audience laughed. Oh, man, I thought.  This just may be a career buster.  I consoled myself by thinking, “Well, if nothing else, Toledo got its money’s worth.”  I got up, took a bow, and acted as though it were all part of the show.  To this day, I have no idea whether people were just too polite to say anything negative or everyone in Toledo knows a) I’m good in a crisis or b) Chere Estrin wears plain, old-fashioned pink cotton underwear.  

Tomorrow, we’ll talk about 5 ways to overcome the fear of humiliation when speaking in public.      

 

Going On's.....This 'n Thats.....

Tough week?  Take a few moments to enjoy our guest blogger, Celia Elwell, RP and senior paralegal, who sends us interesting links and articles.  Enjoy!

Judge Throws Out RICO Claims Against Johnson & Johnson, by Shannon P. Duffy, The Legal Intelligencer
http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202504306265

Federal Judge Dismisses BP Oil Spill Fraud Lawsuit, by Maureen Cosgrove, JURIST
http://bit.ly/odVde4

Jury Awards $900 Thousand In Age Discrimination Case, by Ellen Simon, Employee’s Rights Post Blog
http://bit.ly/r7kUkO

Third Circuit Okays Collection of DNA from Criminal Suspects, by Nathan Koppel, Wall Street Journal Law Blog
http://on.wsj.com/mQC5sq

Preparing Americans for Death Lets Hospices Neglect End of Life, by Peter Waldman, Bloomberg
http://bloom.bg/qL6P6N

LegalZoom Sued by Alabama Bar Group for Unauthorized Practice, by Stephanie Rabiner, Strategist, The Findlaw Law Firm Business Blog
http://bit.ly/nBb9LF

The Grey Area of Unauthorized Legal Practice, Law Librarian Blog
http://bit.ly/oDq22g

Handle Loaded E-Discovery Tools With Care, by Sean Doherty, Law Technology News
http://bit.ly/pVg1KW

Are Student Cell Phone Records Discoverable?, by Joshua A. Engel, Law Technology News
http://bit.ly/pk7clJ

Conn. High Court Dismisses Criminal Case for Discovery Abuse, by Christian Nolan, LTN Law Technology News, Law.com
http://bit.ly/nyp7KZ

Writing to Persuade, Legal Writing Prof Blog
http://bit.ly/n3mhTR

So Your Screwed up That Research Memo to the Partner, Now What?, Legal Skills Professor Blog
http://bit.ly/oansmQ

Typography for Lawyers - the book, by Raymond Ward, the (new) legal writer
http://bit.ly/etBTsq

The Importance of Printing it Out, by Raymond Ward, the (new) legal writer)
http://bit.ly/p33PeT

In a Field of Reason, Lawyers Woo Luck Too, by Benjamin Wieser, The New York Times
http://nyti.ms/qoY5P4

10 Reasons Why Most Lawyer Blogs Are Boring, by Cordell Parvin LLC, JD Supra Blog
http://bit.ly/osOfeE

Why Facebook's Facial Recognition is Creepy, by Sarah Jacobsson Purewal, PCWorld
http://bit.ly/oT2Dhb

Spies Like You?, by Josh Hyatt, CFO Magazine
http://www.cfo.com/article.cfm/14586837

5 Tips for Selecting PPC Keywords, by Jason Tabeling, Search Engine Watch
http://bit.ly/mUz34k

Gmail’s New Features: A First Look, by Eric Mack, PC World
http://bit.ly/oaX2kP

Google Plus for Lawyers, Legal Skills Professor Blog
http://bit.ly/nO4iUl

Online CLE Session: 60 iPhone and iPad Apps in 60 Minutes for Lawyers, iPhone J.D.
http://bit.ly/qmSl8F

MoreLaw Lexapedia (includes Verdicts and Decision, Recent Case Law Updates, and other valuable links)
http://www.morelaw.com/

Plain Language (a federal government website - check out Tips and Tools)
http://www.plainlanguage.gov/

Asset Search Blog published by Fred L. Abrams, Attorney
http://www.assetsearchblog.com/

Municode (free access to most municipal codes)
http://www.municode.com/

Here's the correct link for the new blog, Legal Market Today, providing job leads, career trends, success stories and more! http://estrinlegaled.typepad.com/legal_market_today/

Our new recruiting service gives candidates personalized service. We only accept 10 top candidates per month.

Legal Market Today, a new informative blog for job seekers debuts today. The blog highlights new jobs every day. LMT is connected to a top quality recruiting service that only accepts 10 new candidates per month. For more information: www.legalmarkettoday.typepad.com