The Paralegal Professional Chapter Three The Paralegal Workplace

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 The Paralegal Workplace The paralegal performs tasks & activities that assist the supervising attorney in representing clients These tasks & functions vary according to the type of practice, size of the firm or organization and skill of the paralegal

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 Arrangements and Organization of Law Offices and Firms Sole practitioners Small/medium partnerships or legal corporations Large national or global firms Corporations Insurance companies Hospitals Governmental entities

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Arrangements and Organization of Law Offices and Firms (cont.) Solo Practice: One lawyer practicing alone Paralegal work may be varied: Legal tasks performed by associate attorneys in larger firms Payroll & other accounting tasks Primary direct client contact Other office duties

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Arrangements and Organization of Law Offices and Firms (cont.) Small Offices: From individual practitioners sharing space to partnerships: Libraries Reception areas Conference rooms Support services & personnel Each firm maintains its separate legal identity, although they may refer clients back & forth Working for multiple separate small firms raises important issues of supervision, confidentiality, conflict of interest, and task priorities.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 Arrangements and Organization of Law Offices and Firms (cont.) Partnerships: Two or more attorneys in a single legal entity Can also raise issues of supervision and task prioritization Larger partnerships may have separate paralegal supervisors

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 Arrangements and Organization of Law Offices and Firms (cont.) Large firms may have several national, or even international, offices May provide diverse experiences across the various locations Much narrower niche of responsibility than in small firms Will often specialize within a specific department in the firm

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8 Arrangements and Organization of Law Offices and Firms (cont.) General Practice: Generalists practice across the spectrum of law Provides a wide variety of duties for a paralegal Clients tend to be more diverse than in a specialty practice Must be able to “shift gears” rapidly, and stay current in a wide variety of areas

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 Arrangements and Organization of Law Offices and Firms (cont.) Specialty Practice: Limited to one (or a very few related) area(s) of law May be in a legal department, or in a large firm practice area, or in a small “boutique” firm Care is taken to maintain relationships with firms in the same practice area

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 10 Arrangements and Organization of Law Offices and Firms (cont.) Nurse Paralegals and Legal Nurse Consultants: Have medical training, experience Medical terminology Medical procedures Medical record analysis Patient interview experience Employed by Law firms Insurance companies Hospitals

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 11 Arrangements and Organization of Law Offices and Firms (cont.) Real Estate Paralegals: Prior real estate experience and/or training Duties include Communications between buyers & sellers Settlement documentation Preparing documents for recording May work in Real estate law firms Corporations with real property transactions Title companies

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 12 Arrangements and Organization of Law Offices and Firms (cont.) Complex Litigation: Includes class-actions suits and complex product-liability cases Discovery duties Document production Document organization & indexing or coding Document summary preparation Coordination of exhibits

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 13 Arrangements and Organization of Law Offices and Firms (cont.) Environmental Paralegals: Covers everything from toxic waste dumps to protection of wildlife and the environment.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 14 Arrangements and Organization of Law Offices and Firms (cont.) Intellectual Property Paralegal: Concerned with the formalities of protecting intellectual property interests including patent rights, trade secrets, and copyrights and trademarks.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 15 Arrangements and Organization of Law Offices and Firms (cont.) Elder Law Paralegal: Protecting the rights of the elderly and obtaining all benefits to which they are entitled. Includes: Estate planning Health-care directives Social Security entitlements Benefit protection

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 16 Arrangements and Organization of Law Offices and Firms (cont.) Paralegal Managers: Hire, supervise, train, evaluate, and help prioritize & assign paralegal work Also acts as leader, mentor, employee advocate, problem solver & resource manager Strong professional organization International Paralegal Management Association (IPMA)

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 17 Arrangements and Organization of Law Offices and Firms (cont.) Pro Bono Paralegals: Participation in Pro bono (for the benefit of the public) activities are required by many state bars and professional organizations Opportunities abound for volunteering to work with attorneys in a variety of legal organizations

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 18 Arrangements and Organization of Law Offices and Firms (cont.) Government Paralegals: Paralegals are found in administrative agencies and federal offices involved with both criminal prosecutions and civil litigation. Many positions fall under civil service rules, and opportunities for transfer may be simplified

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 19 Arrangements and Organization of Law Offices and Firms (cont.) Corporate Legal Departments: handle a variety of tasks Personnel & Labor Agreements Technology Property management Contracts & Documents Multi-national corporations apply international laws in this global economy, and may utilize paralegals with second language skills

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 20 Arrangements and Organization of Law Offices and Firms (cont.) Self-Employment: Legal Technicians may, in some areas, work directly with the public in federal agencies In most areas, independent or freelance paralegals work as “contract” employees or consultants under the supervision of an attorney (UPL concerns) on a part-time or temporary basis These paralegals are “self-employed” and are responsible for their own benefits & taxes

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 21 Networking Contacts made through school, employment, acquaintances or professional organizations may help you advance in your career Referral lists of paralegals willing to act as resources can help you handle new tasks or solve problems Local paralegal organizations may have mentors available for new paralegals

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 22 Paralegal Tasks and Functions Typical legal tasks include Conducting interviews Maintaining written & verbal contacts with clients & counsel Preparing pleadings & documents Reviewing, analyzing, summarizing, & indexing documents & transcripts Assisting in preparing witnesses & clients for trial Conducting factual & legal research

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 23 Paralegal Tasks and Functions (cont.) Typical law office duties include Setting up, organizing & maintaining client files Maintaining calendar (docketing) & tickler systems Performing office administrative functions such as maintaining time & billing records

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 24 Client Interviews After the conflicts check, the attorney accepts the client and sets the fee, and the client retains the attorney The paralegal may conduct the initial interview This includes both basic biographical data & the details concerning the legal matter UPL is a special concern as the client/paralegal relationship of trust grows

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 25 Investigations Witness interviews Collection & preparation of evidence Obtains information such as Weather conditions Prices of cars, houses, stocks Property titles Taxes Medical records

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 26 Legal Writing Paralegals may be responsible for Ordinary business correspondence with the courts and other attorneys Preparation of drafts of pleadings & discovery documents (for the supervising attorney) Completing of forms for bankruptcy, probate, workers’ compensation or social services claims Presenting legal research

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 27 Legal Research Paralegals need to be able to use both hard copy and electronic databases (e.g., Lexis, Westlaw, VersusLaw & LoisLaw) to find Case law Statutory enactments Regulatory rules & procedures Court rules Legal analysis from secondary sources

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 28 General Business Practice Duties Draft lease agreements Draft partnership agreements or articles of incorporation Draft noncompetition agreements Prepare sales contracts & attend real estate settlements Draft contracts for business arrangements & new ventures Draft employee agreements

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 29 Corporate Duties Reserve, prepare & file corporate names Prepare articles of incorporation, minutes & bylaws Prepare, issue & transfer stock certificates Apply for employer identification & tax registration numbers Prepare shareholder agreements Prepare & file annual reports, articles of dissolution, securities registrations Perform other state and SEC required activities

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 30 Environmental Law Duties Determine applicability of brown fields to client property Track Superfund information Research public records Research sites through governmental agencies Prepare environmental audits Organize & index documentation

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 31 Family Law Duties Interview client for information concerning Current & previous marital status Child & spousal support Child custody & visitation Draft premarital agreements Prepare for termination of parental rights hearings Prepare adoption documents

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 32 Immigration Law Duties Prepare applications & petitions for filing with the INS Coordinate translations Prepare visa applications Assist in obtaining foreign work visas Prepare documentation of status for INS

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 33 Intellectual Property Duties Fast-growing field Involves Patent rights Trade secrets Copyrights Trademarks Includes both prosecution (obtaining the protection) and litigation (preserving the right against infringement)

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 34 Human Resources Law Duties Draft documents for employee benefits plans Draft deferred compensation plans Prepare IRS determination letters Prepare & file annual reports (5500 series IRS forms) Calculate employer & employee contribution levels & limits Draft & distribute summary plan descriptions

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 35 Litigation Duties Factual investigations Locate witnesses & evidence Organize & maintain litigation files Help prepare trial notebooks Gather, review, summarize, index and/or code documents for trial Locate expert witnesses & arrange for reports and/or depositions Prepare interrogatories & responses

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 36 Litigation Duties (cont.) Help prepare for transcription & videotape depositions Prepare or obtain subpoenas & arrange for service Coordinate & arrange for preparation of trial exhibits Prepare for jury voir dire Attend trial & assist with witnesses, exhibits & evidence Prepare summaries of testimony during trial

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 37 Administrative Procedures in Law Offices and Firms Conflict checking Verifies that a new client does not present a conflict with current or prior representation May use computer databases for the check Can use index cards or paper lists for smaller firms Employees need to reveal any conflict arising out of prior employment May result in the creation of an ethical wall

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 38 Administrative Procedures in Law Offices and Firms Time Keeping and Billing: The source of revenue for firms Distinction is made between time billings & expenses May use a billing program specific to law offices Must be based upon accurate records of actual time spent on a client’s matter

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 39 Accounting in the Law Office Maintaining Law Firm Financial Information: A paralegal needs to understand the internal accounting needs of the firm and to understand and prepare client financial information.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 40 Accounting in the Law Office (cont.) Accounting for Client Retainers and Costs Advanced: A payment at the beginning of the handling of a new matter for a client. This amount may be used to offset the fees for services rendered or costs advanced on behalf of the client.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 41 Accounting in the Law Office (cont.) Civil Practice Fee and Cost Billing: May be calculated on an hourly rate, a contingent fee or a combination of the two. Timely Disbursements: Lawyers cannot retain settlement funds for an unreasonable time.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 42 Accounting in the Law Office (cont.) IOLTA (Interest on Lawyers Trust Accounts) Accounts: Where the amount is too small to earn interest, court rules require that the funds be deposited into a special interest-bearing account, and the interest generally paid to support legal aid projects.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 43 Accounting in the Law Office (cont.) Court Accounting: An accounting with the local court that administers or supervises trust and estate matters: These reports are designed to show that the fiduciary has properly administered the estate or trust.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 44 Accounting in the Law Office (cont.) Interest Bearing Escrow Accounts: If the amount held for a client is sufficient to earn substantial interest it should be deposited in an interest-bearing account for the benefit of the client.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 45 Accounting in the Law Office (cont.) Costs Advanced: “Out-of-pocket” or third- party fees are different from attorney or paralegal billed time Court costs Court reporters Expert witnesses Records requests Travel Long-distance phone & special postal services

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 46 Accounting in the Law Office (cont.) Costs Advanced: The client will be billed for these itemized expenses (they may be deducted from a refundable retainer) even in contingent fee cases. This should be made clear in the representation agreement

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 47 Preparing Your Resume Resumes offer a description of a person’s education, a summary of work experience and other related and supporting information that potential employers use in evaluating a person’s qualifications for a position in a firm or organization. Two types of resumes: chronological or functional.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 48 Preparing Your Resume (cont.) Chronological Resume Format Presents education and job history in chronological order with the most recent experience listed first.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 49 Preparing Your Resume (cont.) Functional Resume Format Gives a summary of the individual’s qualifications with current experience and education without emphasizing dates of employment.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 50 Preparing Your Resume (cont.) Cover Letters The cover letter creates the first impression, and is a sample of your writing skills and ability to communicate in writing.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 51 Preparing Your Resume (cont.) Creating an Electronic Resume A growing number of employers use computers to search the Internet for job applicants, sorting resumes electronically.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 52 Preparing Your Resume (cont.) Converting a Traditional Resume into an Electronic Resume: May not be readable in electronic form and may need converting to a readable format. If it is an attachment, prepare in ASCII or RTF

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 53 Interviewing for a Job Interview preparation can help to eliminate some of the stress and help you put your best foot forward.

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 54 Interviewing for a Job Be prepared to provide all required information (a professional portfolio helps) Sell yourself Use correct grammar Do not be afraid to say “I don’t know” Ask pertinent questions Do not answer questions about age, religion, marital status or children unless you want to Find out what the next step will be & when a decision will be made Shake hands at the end of the interview

The Paralegal Professional, 3e Goldman and Cheeseman © 2011, 2008, 2003, Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 55 Interviewing for a Job Immediately document the interview, especially noting the names of the people involved & their positions Send personalized thank you notes to each person Call to follow up