Author Archive

Have you ever noticed that everyone seems to have a different disclaimer and confidentiality notice which they use on emails and fax cover sheets?  I recently began collecting the forms which come to me through email via direct email, list serves, or other sources.  Needless to say, they vary widely in form.

When I returned to the legal profession in 2008, I was shocked that the small firm I worked for had no “uniform” disclaimer which everyone in the firm used.  I was told to pick one I liked and start using it.  If the disclaimer form is of any use, then it deserves a little time and attention.

Here are some samples I have collected.  I am withholding names because I do not want to point fingers at anyone – good or bad.  Let’s just take a look at the forms we are using, discuss the pros and cons, and examine whether we need to make some changes.  Note the differences in font style, i.e., all caps, partial caps, no caps.

Disclaimer 1:
This message, as well as any attached document, contains information from the law office of [ATTORNEY NAME] that is confidential and privileged, or may contain attorney work product. The information is intended only for the use of the addressee named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution of this email or attached documents, or taking any action in reliance on the contents of this message or its attachments is strictly prohibited, and may be unlawful. If you have received this message in error, please (1) immediately notify me by reply email, (2) do not review, copy, save, forward, or print this email or any of its attachments, and (3) immediately delete and destroy this email, its attachments and all copies thereof. Unintended transmission does not constitute waiver of the attorney-client privilege or any other privilege.

Disclaimer 2:
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM, OR ENTITY TO WHICH, IT IS ADDRESSED ANY MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.

Disclaimer 3:
THIS E-MAIL MESSAGE IS FROM A LAW FIRM AND IS INTENDED SOLELY FOR THE USE OF THE INDIVIDUAL(S) OR ENTITY TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW.  IF YOU BELIEVE YOU RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY, DELETE THE E-MAIL FROM YOUR COMPUTER AND DO NOT COPY OR DISCLOSE IT TO ANYONE ELSE.  IF YOU ARE NOT AN EXISTING CLIENT OF OURS, DO NOT CONSTRUE ANYTHING IN THIS E-MAIL TO MAKE YOU A CLIENT UNLESS IT CONTAINS A SPECIFIC STATEMENT TO THAT EFFECT AND DO NOT DISCLOSE ANYTHING TO US IN REPLY THAT YOU WOULD EXPECT US TO HOLD IN CONFIDENCE.  IF YOU PROPERLY RECEIVED THIS E-MAIL AS A CLIENT, CO-COUNSEL OR RETAINED EXPERT OF OURS, YOU SHOULD MAINTAIN ITS CONTENTS IN CONFIDENCE IN ORDER TO PRESERVE THE ATTORNEY-CLIENT PRIVILEGE OR WORK PRODUCT PRIVILEGE THAT MAY BE AVAILABLE TO PROTECT CONFIDENTIALITY.

Disclaimer 4:
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM, OR ENTITY TO WHICH, IT IS ADDRESSED ANY MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE  LAW.

Disclaimer 5:
CONFIDENTIALITY NOTICE: This email and any documents, files or previous email messages attached to it may contain information that is confidential or legally privileged and is for the sole use of the intended recipient(s). If you are not the intended recipient, do not
read, print, or save this email. Any unauthorized review, use, disclosure or distribution of this email, its contents or the attachments, is strictly prohibited. If you are not the intended
recipient, please contact the sender by telephone or reply email and destroy the original, any attachments and all copies without reading or saving.

Disclaimer 6:
CONFIDENTIALITY NOTICE:  This email is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2511 and is legally privileged.  It may be protected by the attorney-client or work product privileges or contain inside information, and unauthorized use is prohibited.  If you have received this message in error, please notify the sender by replying to this email and then delete it from your computer.

Disclaimer 7:

This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient.  Any unauthorized review, use, or distribution is prohibited and may be unlawful.

IRS Circular 230 notice:  Any tax advice contained herein was not intended or written to be used, and cannot be used, by you or any other person (i) in promoting, marketing or recommending any transaction, plan or arrangement or (ii) for the purpose of avoiding penalties that may be imposed under federal tax law.

Environmental messages:

• Please consider the environment before printing this e-mail.

It appears that the usual disclaimer forms vary somewhat according to the practice area of law.  I would love to have your comments on the above forms.  Would you be willing to share your favorite disclaimer form for email and/or fax covers?  If so, send it to me via email at cribble@digitalparalegalservices.com (please designate subject line as “Disclaimer Form Submission”).  I will publish any additional forms received.

Have a great week!

Last week’s post by Sally Kane at About.com’s Guide to Legal Careers brought to my attention several iPhone apps designed for high productivity legal professionals.  The iPhone commercial claims there is an app for almost everything you could possibly need, “There’s an app for that!” After reading Sally’s report, I’m beginning to believe that may just be true. If it doesn’t already exist, tell someone your idea and before you know it, you might just have what you need.  The list of available applications for smartphones and web browsers grows by leaps and bounds every month.

Here are a few apps to help you with legal research:

• Black’s Law Dictionary. ($49.99) – 9th Edition, West and Thomson Reuters’ first offering in the app market[1].
• Fastcase (free) – largest free law firm library on the internet[2].  This app requires registration to store your favorites and research history.
• Manual for the United States of America ($0.99) — the Constitution, the Federalist Papers, the Gettysburg Address, the Patriot Act and more.[5]
• WaffleTurtle Software – offers several apps[6] for your choosing:
  • U.S. Constitution. ($.99) searchable text
  • Federal Rules of Civil Procedure ($2.99);
  • Federal Rules of Bankruptcy Procedure ($2.99);
  • Food, Drug and Cosmetic Act ($4.99);
  • Federal Rules of Appellate Procedure ($2.99);
  • Federal Rules of Criminal Proce­dure ($2.99);
  • Federal Rules of Evidence ($2.99);
  • Lanham Act ($2.99);
  • Local patent rules from seven federal district courts whose dockets attract great numbers of intellectual property cases ($2.99);
  • Sarbanes-Oxley Act ($1.99);
  • Securities laws including the Sarbanes-Oxley Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Invest­ment Company Act of 1940 and the Invest­ment Advis­ers Act of 1940 ($4.99);
  • Federal copyright code ($1.99); and
  • Federal patent laws ($2.99).

• LawStack (free) – provides a virtual law library on your iPhone, including the U.S. Constitution, Federal Rules of Civil Procedure, Criminal Procedure, Appellate Procedure, Evidence, Bankruptcy Procedure and more.[3]
• LawBox ($0.99) – includes the U.S. Constitution and the Federal Rules of Evidence and Civil Procedure, all fully indexed and searchable. LawBox also features an online store, through which additional rules packages can be purchased. LawBox includes a legal news browser with feeds indexed by practice area and the ability to e-mail or save articles (via Instapaper, a free tool for saving Web pages for later reading) or post them directly to Twitter. [4]

Also worthy of mention is the following Mozilla Firefox app:

CiteGenie, (Firefox web browser app) translates improper citations into Bluebook form and even includes accurate pinpoint cites. You can choose to put the case name in italics or underline, and some options are available for those states which follow a particular citation form.  The web site has a disclaimer posted that an upgrade may be needed to work with the upcoming Westlaw Next update in February.  An update from Lexis is also expected.[7]

[2] http://www.oklahoma-bankruptcy-attorney.com/law-office-management-technology/fastcase-releases-iphone-app/

[3] http://legalcareers.about.com/b/2010/01/26/tuesdays-tip-use-your-iphone-to-enhance-productivity.htm

[4] http://legalcareers.about.com/b/2010/01/26/tuesdays-tip-use-your-iphone-to-enhance-productivity.htm

[5] http://www.abajournal.com/magazine/article/70_sizzling_apps

[6] http://www.abajournal.com/magazine/article/70_sizzling_apps

[7] http://www.abajournal.com/magazine/article/70_sizzling_apps/

Today we will continue looking at the Virtual Litigation Paralegal’s role in the discovery phase of any litigation file.  Specifically, we will examine the VLP’s role concerning written responses to discovery requests and document management.

Your VLP will monitor all discovery deadlines and notify you immediately if opposing counsel fails to answer discovery in a timely fashion. Following your lead, the VLP can contact opposing counsel in an attempt to resolve the issue and draft written notice that a Motion to Compel will be filed if counsel continues to ignore the discovery requests.

If necessary, your VLP will review local rules concerning motion requirements related to discovery matters and then draft a Motion to Compel.  The VLP can coordinate the filing of the motion, obtaining a hearing date and providing notice to opposing counsel.

As written responses are received to interrogatories, requests for production of documents and requests for admission, your VLP will assist you in a thorough review to be certain that complete responses have been received.  It is likely that the discovery responses will contain at least some objections.  Your VLP can summarize the objections and help you draft correspondence to opposing counsel seeking resolution.  This is particularly important if the responses contain numerous objections when it becomes helpful to chart the objection resolution process.  If the parties are unable to resolve the matter, a Motion for Hearing will be prepared and filed with the Court.

During the review process, your VLP will continue to update witness and exhibit lists.  Your VLP will also monitor case privilege logs for all parties.  It is important that this task is not ignored.  In the very least, you can list groups of documents received and expand the list for specific exhibits at a later date.  A more detailed discussion of document management will be handled in a separate posting.

Your VLP will again review discovery strategy with you to determine when you will want to proceed with your second wave of follow-up written discovery requests.  The VLP will outline additional areas to be addressed in future discovery requests and begin the drafting process.

Check back soon for Discovery, Part 3, which will examine the deposition phase of the discovery process.

I would like to hear your thoughts, questions, and concerns about the hot topic of virtual paralegals! Click on “Comments” beneath the title of this blog post.  Don’t forget to subscribe to the RSS feed so you won’t miss a single post!  If you prefer getting updates by email, please visit Subscribe via email.

For other posts in this series, visit Virtual Paralegal Series.

Robert E. Mongue, J.D., Assistant Professor of the Legal Studies Department at the University of Mississippi has started an interesting discussion concerning “independent paralegals” at his blog, The Empowered Paralegal.  Like Professor Mongue, I am still digesting the email he received from Efrem B. Martin of Martin Paralegal Services.  While I agree with some comments Mr. Martin makes concerning “FEAR” and I admire his passion for what he believes, my thoughts do not align with his concerning this topic.  If Mr. Martin has all the qualifications and experience outlined in his email to Professor Mongue, perhaps he should consider going to law school and take the bar exam in the state(s) of his choice so that he can legally practice law.   He might make a great attorney.

No system is perfect, but I dare say, that some system governing attorneys and paralegals is better than no system. Guidelines, rules and regulations are normally put in place because something is needed to protect everyone from those individuals who cross an unclear line.  Those guidelines, rules and regulations are never “perfect,” thus they are continually revised and updated.  Some become so important that they actually become law.

As a new virtual paralegal business owner, I have been learning that it is important to establish systems for your business.  I am diligently working to protect myself against the unauthorized practice of law by establishing the following systems:

1. My paralegal services will be offered to licensed U.S. attorneys only.
2. I will require your execution of an Affidavit identifying the state(s) in which you are licensed, your bar association number(s), and a statement that you are in good standing.
3. The information identified in the Affidavit will be verified with your state bar association.
4. My web site includes an official Disclaimer as well as a conspicuous statement on the Home Page as follows: Digital Paralegal Services provides virtual paralegal support to attorneys licensed in the United States.  WE DO NOT PROVIDE PARALEGAL SUPPORT TO THE GENERAL PUBLIC.
5. All contract documents will include similar provisions.

I am sure the “system” is not perfect and that it will be revised many times over as the role of virtual paralegals continues to be defined by the legal profession.  My goal is to vigilantly abide by the guidelines, rules, regulations, ethics opinions and laws which govern the paralegal profession.

I would like to hear your thoughts, questions, and concerns about the hot topic of virtual paralegals! Click on “Comments” beneath the title of this blog post.  Don’t forget to subscribe to the RSS feed so you won’t miss a single post!  If you prefer getting updates by email, please visit Subscribe via email.

For the next few days we will look at the Virtual Litigation Paralegal’s role in the discovery phase of any litigation file.

What is your discovery strategy for the litigation case at hand?  Your VLP will review the overall case strategy with you to set a timeline for completion of some specific discovery goals.

For most litigation files, the first stage of discovery begins with basic Interrogatories, Request for Admissions and Request for Production of Documents.  The VLP will help you establish basic forms to jump-start the discovery process of any litigation file covering specific areas of the Petition and Answer, identification of fact witnesses and expert witnesses, identification of relevant documents, production of all related documents including photos and electronic data.

The VLP can provide for your review an initial draft of Interrogatories, Request for Admissions and Request for Production of Documents.  She will help you finalize the discovery requests and serve on all parties of record.  The VLP will determine discovery response deadlines and help you monitor compliance with those deadlines by opposing counsel.  As needed, the VLP can contact opposing counsel by telephone to inquire when the discovery responses will be provided and document the communication.

If opposing counsel is uncooperative, the VLP can draft a Motion to Compel, contact opposing counsel to try to reach agreement, coordinate the filing of the Motion with the court and obtain a hearing date.  All parties will be notified and the hearing date will be docketed on your calendar.

The VLP can assemble all relevant documents into a digital hearing notebook file.   All you have to do is print the file and place it in your standard hearing notebook.  If you prefer, the VLP can complete that process and send the notebook directly to your office.

Next we will take a look at written responses to discovery requests.

I would like to hear your thoughts, questions, and concerns about the hot topic of virtual paralegals! Click on “Comments” beneath the title of this blog post.  Don’t forget to subscribe to the RSS feed so you won’t miss a single post!  If you prefer getting updates by email, please visit Subscribe via email.

For other posts in this series, visit Virtual Paralegal Series.

Yesterday we discussed the topic of “vetting”, and today we are going to see whether a Virtual Litigation Paralegal can assist an attorney in the very first stage of litigation, the filing of the Petition or Complaint.

Depending on the type of litigation and the complexity of the case at hand, the VLP can assist you in preparing an initial draft of the Petition.  If you specialize in a particular area, it is likely that you have a favorite form petition.  With a little help from your VLP, all of your favorite forms can be organized and streamlined for more efficient document preparation.

The VLP can check with the Secretary of State’s office to determine the Registered Agent for service of process and determine requirements for serving the Secretary of State for an out-of-state defendant.  Many jurisdictions now require preparation of a form civil cover sheet which is specific to that jurisdiction.  If electronic filing is available for the jurisdiction, your VLP can verify that all requirements have been met and submit the document for filing.

Many attorneys now use private process servers for service of legal documents.  The VLP can locate a process server in the required geographical area and coordinate efforts to obtain service on the Defendant as soon as possible.  After service has been completed, the VLP will follow-up on getting the Return of Process filed with the Court and payment of appropriate service fees.  Most importantly, the VLP will determine and docket the Defendant(s) answer date according to court rules for that jurisdiction.  Both you and your VLP will be able to monitor that deadline for immediate action should no answer be filed.

If you represent a Defendant in the new litigation file, the VLP will be especially helpful in checking court records to verify the date the Defendant was served and calculating the answer date.  At the same time, the VLP can determine what pleadings have already been filed with the Court and obtain copies of required documents.  This is particularly helpful if your client has been added during the middle of a pending litigation.

The VLP will assist you in preparing an initial draft of an Answer, counterclaim, request for change of venue or motion to dismiss.  As legal defenses become more specific, the VLP will check local court rules for verification requirements, and she will constantly monitor the deadline to be sure the responsive documents are timely filed, that copies are served on all parties of record and that the client receives copies of all documents.

For the next few days we will look at the VLP’s role in the discovery phase of any litigation file.

I would like to hear your thoughts, questions, and concerns about the hot topic of virtual paralegals! Click on “Comments” beneath the title of this blog post.  Don’t forget to subscribe to the RSS feed so you won’t miss a single post!  If you prefer getting updates by email, please visit Subscribe via email.

For other posts in this series, visit Virtual Paralegal Series.

As we continue to take a look at how the Virtual Litigation Paralegal (VLP) can complete your litigation team, today we are going to look at the area of Initial Investigation and Research.  This phase includes a general background investigation of all parties from available internet resources, a process now commonly known as “vetting”.

While the attorney is the only one who can accept representation of a client, the VLP can be of great assistance to an attorney during the initial phases of a new case.  Attorneys who specialize in a particular area of litigation often receive numerous telephone referrals of potential new clients.  The VLP can gather preliminary information through a telephone interview.  In many instances, an attorney can then quickly determine if he is interested in further discussions with the potential client.

The VLP can prepare detailed interview forms to your specifications so that no detail is forgotten during the interview process.  As the interview is completed, the VLP can verify legal names of the parties, last known addresses, gather relevant information posted on social media websites, identify pending litigation, discover property owned and often estimated value of assets.  As data is gathered and documents obtained, an initial chronology of events will be prepared together with an initial exhibit and witness list.

If the case involves medical records, the VLP can obtain complete copies of medical records and billings, summarize treatment by various providers and build a detailed medical chronology.

Tomorrow, we will take a look at how the VLP can support you through the filing of the Petition/Complaint or an Answer and Counterclaim.

I would like to hear your thoughts, questions, and concerns about the hot topic of virtual paralegals! Click on “Comments” beneath the title of this blog post.  Don’t forget to subscribe to the RSS feed so you won’t miss a single post!  If you prefer getting updates by email, please visit Subscribe via email.

Yesterday I introduced the premise that virtual paralegals are often highly specialized.  As we continue this discussion today, we will begin looking at virtual litigation paralegals (VLPs).  What type of support can a virtual litigation paralegal provide?  What tools will a  VLP use?  First, we will take a more in-depth look at the area Case Administration mentioned in Value of a Virtual Litigation Paralegal.

After more than 15 years experience as a brick-and-mortar litigation paralegal, I believe that one of the greatest benefits provided to a trial attorney is overall case management and case administration.  Litigation attorneys typically have many cases at various stages of the process.  You may be the plaintiff, or you may be the defendant.  You typically have cases filed at various court levels in various geographic locations.   Litigation attorneys rarely become bored because every case is unique with its own special set of rules and circumstances.

The challenge comes in being sure you are applying the correct set of rules, and all the sets of rules for a particular case.  Often it is more than one person can keep up with.  And generally speaking, two or three heads are better than one when it comes to remembering things.

A virtual litigation paralegal (VLP) can easily provide litigation support by sharing the responsibilities you have for so many details.  A VLP can establish processes for docketing and deadline control which protect you from malpractice risks.  The VLP can help you tailor forms and protocol to match your practice style.  She can provide your client with copies of all documents and give telephone updates to be sure your client always knows the status of his case.

Working with you to determine applicable local, state, and federal court rules, the VLP helps you avoid last minute surprises for rule compliance.  As litigation becomes more document intensive, your VLP can help you efficiently develop a digital computer file which enables you to more quickly access case documents.  The VLP will help you make software and procedural decisions to streamline that process.

As documents are gathered and the discovery process begins, it is critical to monitor privileged documents and communications.   They should be appropriately labeled. Someone needs to remember to do that.

Litigation files have a tendency of becoming stagnant.  When your VLP understands your strategy for the case, she can work one step ahead of you so that you can pay attention to the more important details.  She can prioritize your project list to keep things moving forward in a timely fashion.

Tomorrow, we will take a look at how the VLP can support you through Initial Investigation and Research.

I would like to hear your thoughts, questions, and concerns about the hot topic of virtual paralegals! Click on “Comments” beneath the title of this blog post.  Don’t forget to subscribe to the RSS feed so you won’t miss a single post!  If you prefer getting updates by email, please visit Subscribe via email.

Litigation paralegals are not always blessed with the latest, greatest case management and document management software.  They have to manage their cases with the tools and equipment they have on hand.  After reading Kim Walker’s post at Paralegal Pie entitled “Trial Exhibit Organization,” I realized that if you have a computer, you have the ability to easily organize numerous exhibits.  I particularly liked these points from Kim’s organizational tips:

1. She began an Excel spreadsheet that contained every exhibit from every deposition.
2. The spreadsheet included the exhibit number, document date, deponent name, and a brief description of the document.
3. The parties agreed to retain the original deposition exhibit number on the trial exhibit list.  Confusion was avoided by not renumbering exhibits.
4. Each party was given a specified number range.  All parties added to the master trial exhibit list following the same format.
5. Final set of exhibits to be used at trial were scanned and placed in a single folder in numerical order.
6. The Exhibit number column on the Excel spreadsheet was  converted to a hyperlink to the scanned image of the actual exhibit.  Once you located the description of the exhibit you were looking for, you could click on the link and quickly see your exhibit.
7. The final electronic exhibit files were distributed to all attorneys on a flash drive.
8. Only one complete set of printed exhibit documents was kept in the courtroom.

PARALEGAL TIDBIT:   Begin building your exhibit spreadsheet immediately.

Don’t wait to see if the case will settle!  Start now so you will not be overloaded or overwhelmed. And then don’t forget to order flash drives for your trial supplies!

To read the complete discussion, visit Paralegal Pie:  Trial Exhibit Organization.

I’m interested in your comments and tips for low-budget exhibit management!  What system has worked best for you?