The Estrin Report

Paralegals Helping Women in Bangladesh

Paralegals exist in third world countries and are often the heroes of the villages.  A fascinating article in The New Nation, illustrates just how important paralegals are to one village in Bangladesh.  Banchte Shekha: Development Program for Women and Children was founded by one woman, Angela Gomes-a tall, vibrant women in her early forties in this country where thatch and bamboo huts dot the roadside and squatting women fan breakfast fires. The rising smoke sways and mingles with clouds of fog that hang over tiny ponds and paddieslaughs.  Gomes chats with the women as she helps serve a meal of porridge, chapatis, and papaya.

Many of these women have spent the night at Banchte Shekha-a safe haven for them from an abusive husband or in-laws. For others, Banchte Shekha-which is Bangla for "learning to live"-is part of a longer journey, a first step toward self-sufficiency and dignity. For all of them, Banchte Shekha offers hope, because one woman believed that poor village women could have better lives, even when they didn't believe it themselves. In the small village in Bangladesh where Angela Gomes grew up, women worked hard all day, but, she says, "they were treated like house servants-underfed, beaten, and mentally tortured. No one respected them, not even themselves. They had no solutions to their problems. Life just went on."

Gomes took the responsibility to develop various programs to assist women in need.  One of her strongest achievements was the training of paralegals.  The legal assistance program, has its origins in early confrontations between members and other villagers, usually husbands. If a man beat his wife, he might find himself surrounded by thirty or forty angry Banchte Shekha women who would gather to publicly denounce him. Often they would make him sign a paper saying that he would not harm his wife again. A man who tried to desert or divorce his wife, or take a second wife, had to contend with Banchte Shekha members who were supported not only by group strength, but a knowledge of the law.

In 1987 Banchte Shekha decided to launch the village-based paralegal program, and, with support from The Asia Foundation, this Legal Aid Cell has become one of the most innovative paralegal programs in the country. It is also the only one run entirely by women.

The volunteer paralegals are village women who receive training in Muslim family law on dowry, the marriage system, legal divorce, and inheritance. These paralegals provide information to members and other villagers about their rights, and they participate in the shalish, the village form of mediation in Bangladesh.

Until recently, women were not represented at a shalish, even when their own future was at stake. Their male relatives were supposed to represent them, and all the decisions were made by the village men. Banchte Shekha's paralegal program has helped change that.

Three hundred and fifty women have been trained so far as paralegals. They work under the direction of one of the earliest Banchte Shekha members, Rokeya Sattar, herself a village woman who was married at thirteen and abandoned at twenty-two with her four children.

The paralegals have proven to be very effective. By July 1991, they had settled 2,119 disputes at the village level and effected 2,382 marriages without dowry. Attorneys who have evaluated the program have been struck by the poise and confidence of the women as they put their cases before the shalish or hold their own in difficult negotiations.

The legal program has been further strengthened by Asia Foundation support that gives the women the money and the clout to say that they will take a case to court and litigate if mediation fails. In the first four years of the program they have won 278 court cases.

Gomes hopes Banchte Shekha will continue to grow and that other organizations will learn from their experience.

"We have never claimed that this is the only approach to development," she says. "Certainly there may be other ways. The problems of poor women in Bangladesh have been centuries in the making. By comparision, eighteen years is not a long time. But every day is a new day. We have to be creative to cope with the changes it brings."

I will never complain about no lemonade on the 44th floor; having to park a block away or not enough toner in the photocopy machine ever again.

The Economic Crisis: Yes, You May Be Affected

You can't get away from the news: the legal market is beginning to slow quite dramatically. Especially hard hit have been paralegals and attorneys working in the securities, finance and real estate sectors. Not to mention what's happening out here in Los Angeles with the continuing Writers Guild strike. Companies and law firms have begun layoffs of attorneys and paralegals and despite the roar of the government, there are no signs that the situation will improve anytime soon.

One paralegal recently wrote us that they will be attending our New York Paralegal SuperConference on Feb. 11-12th because "things here are so slow, there's not much else to do."  Great.  Just what we want to hear.

For those of you who are senior paralegals, you're probably reluctantly recalling what occurred in 2000- 2001. There was an economic boom ("the Internet bubble") that created a great deal of legal work and then came the crash causing much of the work (and jobs) to simply vanish.

Most recently, we had a real estate boom which created a great deal of legal work and has now gone away. This has affected the financial and real estate sectors the most; however, a lack of liquidity in the markets will likely have broad implications for most law firms. The availability of investment capital fuels spending in intellectual property, mergers & acquisitions, entertainment financing and more.

It is axiomatic that companies tend to spend more on outside services such as law firms when times are good than when the economy is in trouble. Even litigation caseload goes down (while bankruptcy work goes up).

According to BCG Attorney Search, what occurred in 2000-2001 in particular with corporate work, was quite shocking: Tens of thousands of corporate attorneys and paralegals lost their jobs. A significant percentage got out of the law completely after not being able to find work.

Corporate work came to a virtual standstill at most firms, particularly in San Francisco and Silicon Valley. What made this so absurd was that most firms did not call these layoffs and instead told many attorneys and paralegals they were being let go for performance reasons.  We've just begun to hear similiar stories from paralegals in cities such as Washington, D.C.

In a survey conducted by Estrin LegalEd in the Fall of 2007 of corporate law department paralegals, over 80% of the paralegals surveyed said that the current real estate crisis would not affect their employment.  If that survey were conducted today, it is most probable that over 80% would be would be quite concerned and scouring the want ads.

As an aside, if your work is good and you and others in your organization are being told there is a problem with your performance—look out. This is often a sure sign that the firm or company is experiencing serious economic problems. Firms typically do not lay people off—they let them go under the guise of performance-related problems.   No firm wants to signal economic problems to their competitor.  I suppose it's ok to signal they have a few quirks in their recruiting techniques.

Now is the Time to Aggressively Investigate What is Going on in the Market
Paralegals who come out on top when the market shifts dramatically are those who go “all out” in their search for information—they leave no stone unturned. They get cross-trained in several areas.  Are you a corporate paralegal?  Get cross-trained in litigation.  Create better research skills.  As trite as the saying goes, there is now real meaning in what we've heard for years: Make yourself more valuable to your firm - now.

Some paralegals believe they are too special or been at the firm for too many years to get laid-off.  They believe because they may know where all the skeletons are buried, they are immune to getting let go.   They are under some crazy impression that employers should give them plenty of advanced warning or let them in on the fact that serious downsizing might be coming down the pike. In reality, it just doesn’t happen that way. You are often broadsided, no matter what kind of caring, loving exit interview the firm may provide. And, the more senior you are, the harder it is to find a job in hard times.

The object is to stay employed and weather a possible recession. If you are not aware of what is going on in your firm and what alternatives you may have, believe me, your competition will. They will score the available jobs and you will be left out in the cold.  Chances are, as a paralegal, you have no real idea what financial shape your law firm is in.  Paralegals in public companies have more of an advantage as stock prices are posted daily but law firm employees are often taken by surprise.

If you are not currently actively seeking a position, now is the time to be aware of what is available in the market so you can be prepared if conditions at your current employer change. Stay educated.  Take seminars and learn new skills.  Stay on top of job opportunities. If you are currently seeking a position, it is important that you be as thorough as you possibly can in your search. You need to give yourself as many options as possible, just in case. Do not be a victim of the economy. Do the right thing: Take charge of your career and life.

Litigation Paralegals: Safe from Recession?

With the doom and gloom news about slow growth and possible recession swirling around us,  there appears to be a light at the end of the tunnel.  Wait!  It's not a train coming at us.  It's actually good news. 

According to a press release from Robert Half issued today, The hiring of paralegals is expected to remain steady as law offices continue to build teams to handle rising     caseloads. Litigation paralegals are sought by law firms who are managing an increasingly high volume of lawsuits.

Hallelujah!  Praise the litigation gods!  "Intellectual property, litigation, corporate and security, and bankruptcy law are generating a significant amount of casework and a steady
increase in demand for legal services," said Charles Volkert, executive director of Robert Half Legal. "Many employers, particularly those at large and midsize law firms, are offering higher salaries to job candidates who possess the most sought after practice area expertise, certifications and technical skills."

The five in-demand positions for 2008, according to Robert Half Legal:

    -- First-year associates - Competition has intensified among large and
       midsize law firms for graduates from the nation's leading law schools.
       Job candidates who have finished in the top 20 percent of their class
       or possess experience within a specific practice area are highly
       sought.

    -- Patent attorneys - Demand is robust for attorneys with trial expertise
       at law firms specializing in intellectual property or the information
       technology, biotechnology and healthcare industries.

    -- In-house attorneys - To meet ongoing corporate governance requirements,
       companies seek experienced attorneys with regulatory compliance,
       corporate and security law, and commercial litigation backgrounds.

    -- Litigation paralegals - The hiring of paralegals is expected to remain
       steady as law offices continue to build teams to handle rising
       caseloads. Litigation paralegals are sought by law firms who are
       managing an increasingly high volume of lawsuits.

    -- Intellectual property legal secretaries - The shortage of experienced
       support staff remains acute. Legal secretaries with trademark or patent
       experience, including patent prosecution, are in strong demand.

So what if the company does legal staffing and probably wouldn't be so anxious to predict a year coming up filled with staff slashing or overall merging and purging.  It's good news for litigation paralegals in an otherwise shaky economy guaranteed to make you rein in your plastic money cards and batten down the spending hatches.

Where Were the Paralegals? BigFirm Sues E-Discovery Vendor

Well, it was bound to happen sooner or later.  Or, maybe it's happened and we just don't know about it.  A dispute between Sullivan & Cromwell and e-discovery vendor, Electronic Evidence Discovery (EED) has escalated into all out war as S&C files a suit in state supreme court in Manhattan while EED countersues in Seattle.

The original suit filed by S&C alleges that EED which the law firm had hired to provide document services on a major litigation, had consistently missed deadlines and prepared the wrong documents for production to opposing counsel. The firm asked the court to rule that EED was not entitled to $710,000 in outstanding bills.

That must have been some case for $710k in e-discovery bills.  EED has posted a press release to its website announcing the countersuit.  "We believe this matter is nothing more than a dispute regarding payment of a valid receivable,” said Dave McCann, president and CEO of EED. “We are disappointed that Sullivan & Cromwell has chosen to litigate this matter rather than negotiate in good faith, but we are prepared to ensure that the terms of our contract are enforced."  Well, yeah, I should think so.  A three-quarter million dollar receivable is quite a chunk.

Of course, I have a few questions that may be a little more relevant to our blog readers here:  Where the heck were the paralegals (on either side) whose job it was to ensure timely deadlines and a proper document production?  And, uh, geez, fellas, how the heck did you let the bill run so high without getting some payments in the interim?  Who was watching the pot here?

The case is being touted as one of the first disputes of its kind.  However, it seems to me that law firms have sued vendors in the past.  Anyone have some similiar stories they wish to share?

Paralegal in Middle of Conflict of Interest Controversy

It’s not unusual for a firm to use tough tactics when litigating a case. But tough tactics cost Patricia Dillman, (a litigation support manager who came up through the ranks as a paralegal) her job.

This story seems to be everywhere. 

After working under three bosses in less than a year, Dillman, the director of Holland & Knight’s litigation support group, decided to look for a fresh start. She settled on not only a different firm, Hughes Hubbard & Reed, but also a new city. Dillman accepted a $200,000 annual salary to move from Washington to Hughes Hubbard’s New York office.

In September 2007, Dillman put in her two weeks and prepared for the move. But then Hughes Hubbard informed her that because of a possible conflict, raised by Holland, there was no longer an offer. Dillman was out a job. She responded by suing her former firm for tortious interference in D.C. Superior Court in November, asking for $300,000 in damages.

Hughes Hubbard’s decision to rescind its offer stems from an oil spill off the northwest coast of Spain in 2002. The tanker Prestige sank, spilling most of its load of 77,000 metric tons of oil. It was Spain's worst environmental disaster, damaging the fishing and tourism industries. Hughes Hubbard is representing the American Bureau of Shipping in a lawsuit filed by the Spanish government in U.S. District Court in Manhattan. Holland is representing the Spanish government.

But what I have an issue with is not so much that one firm may be using this paralegal as a pawn in the case but her own attorney has issued a statement that clearly underplays ethics and conflict of interest because Dillman is a paralegal. 

“I’ve never seen anything like this,” says Lynne Bernabei, Dillman’s attorney and a name partner at Bernabei & Wachtel. “The bar has an ethical concern with lawyers being stopped from moving from one firm to another firm. But Dillman was a paralegal.”

Excuse me???  The implied word missing here is "Dillman was [only] a paralegal."  Is this to imply that the bar has an ethical concern about lawyers but not paralegals?  If Bernabei is using the fact that Dillman was a paralegal, now litigation support manager, and not a lawyer and therefore not held to the same ethical standard, Dillman should get another lawyer - now.

Paralegals are held to the same standard.  Build your ethical wall or rescind the offer, take the steps to ensure the paralegal has no contact with the case but do not dismiss the paralegal's value to the firm, knowledge of the case or potential conflict of interest by virtue of the fact the paralegal is "only" a paralegal.  Has Bernabei not read up on any of the latest requirements for paralegals?  Scary.

It should also be pointed out that Dillman accepted a $200,000 position.  So for those paralegals who think they're limited in scope and salary, start thinking outside the salary survey. 

It turns out that Dillman only worked 15 hours on the case.  So whatever happens here will be interesting to watch.  Stay tuned.  I'm sure there's more.