When I decided to start my own independent business to provide virtual paralegal services to licensed U.S. attorneys, one of the things which excited me most was the realization that as my own boss, I would control which tools I use to provide professional services in my area of expertise.

I have experienced firsthand that law firms often try to save money by using outdated software or cutting corners by failing to adequately train staff with the software programs the firm has chosen.   That lack of training lands closer to the bulls-eye when attorneys themselves begin using desktop and laptop computers without investing some dedicated time for proper training.  This mindset actually robs attorneys and their law firms of hard-earned profits rather than saving them money. Here is an example.

As a NALA Certified Paralegal with over 15 years experience in traditional law firms, I have had many opportunities to work on legal briefs.  A common task delegated to paralegals, legal assistants, or legal secretaries is the preparation of the Table of Authorities.  Few paralegals have received specific training for this task.  Most are handed a previous brief as an example to follow.  Somewhere towards the end stages of the brief preparation, the paralegal will review the References menu in Microsoft 2007 (or other word processing software) to scan the steps for creating a Table of Authorities.  Most software options require that citations be manually “marked” and then Bingo! — your Table of Authorities is supposed to magically appear.  Well, it does not happen that quickly, and there are many opportunities for errors because paralegals have not been sufficiently trained concerning the legal requirements  for a Table of Authorities, nor have they been properly trained with the software which will be used to generate this critical first impression for your brief.

Recently I was introduced to Best Authority®, a software for building the Table of Authorities in legal briefs.  This awesome tool works as an “add in” to Microsoft Word.  The software goal?  To help you build a perfect Table of Authorities for your brief in far less time.

The Best Authority Wizard provides a systematic approach for efficiently drafting, reviewing and finalizing a Table of Authorities.  Its designer, Levit & James, has a long history of helping law firms address technology issues related to top computer and word processing systems.  The company’s Word add-in products focus on dramatically increasing user productivity by reducing time-consuming tasks to minutes.  Levit & James claims its customer base includes 60% of the top 200 law firms in the country.  You might say some firms view them as experts in this department.  Perhaps the rest of us, including this independent paralegal, can learn a lesson from the experts in the area of listing authorities for legal briefs.

I was interested in the software after coming across the Best Authority web site, but I was hooked after an online webinar/sales presentation with Ian Levit.  I quickly realized that Mr. Levit knows far more about the elements of a Table of Authorities than I do.  He was very familiar with requirements for different jurisdictions and has designed a tool which utilizes templates for standard widely used formats or enables you to customize your own template.  Several versions of the software tool are available to match your need, and the company seems particularly attentive to training and support.

I am planning to add Best Authority Light to my paralegal toolbox because I believe it will significantly reduce the time I currently spend in creating a Table of Authorities.   Levit & James says its customers are building a TOA 4 to 8 times faster than previous methods.  The Best Authority Wizard launched within Microsoft Word provides a systematic, step-by-step process for Startup, Scan, Draft Review, Full Page Review and Build.  Systems typically increase productivity and avoid critical steps being skipped when you are working under a time crunch. Avoiding skipped steps leads to a more accurate, professional finished product which will be pleasing to the Judge’s eye.

In the Startup step, you are prompted to select a template for your Table of Authorities.  After setting the beginning and ending points of the brief to be scanned, a full document scan for authorities is performed in just seconds.  While taking a peak at the Evaluation Version of Best Authority Light, I tested it on a 25-page brief in my files.  Within just a few seconds, Best Authority generated a working draft copy listing each of the 80+ cited authorities (long and short form citations) in the appropriate section under Cases, Statutes, Other Authorities, Suspects, Non-TOA References with corresponding page numbers.

After printing this draft, I then moved to Draft Review.  The working draft copy of my TOA opened in the upper part of my screen while my brief was held open in a different window in the bottom portion of the screen.  When I clicked on the page number in the working draft (upper window), the software immediately jumped to the corresponding cited authority in the brief (lower window). The authority was highlighted in yellow on my screen for easy review.  It’s amazing how errors stand out when they are highlighted in yellow!!  Short form citations or mentions were highlighted in a different color.  It was a breeze to quickly review all citations for necessary corrections.  The sections for Other Authorities and Suspects call to your attention those items which may not have been cited correctly.

Full Page Review pulls up a screen similar to Print Preview, allowing you to jump from one highlighted authority to the next with editing options and shortcuts.  After completion of the Review steps, you can then Build (generate) your final Table of Authorities.

I believe attorneys would greatly appreciate the opportunity to review a printed copy of the brief with all authorities magically highlighted!  Easy!!  Last minute revisions?  No problem, proceed to Scan in your Best Authority Wizard, select Re-scan and follow the Wizard to quickly finalize your Table of Authorities.

Have you used Best Authority®, or perhaps another Table of Authorities tool?  I hope you’ll take a moment to post a quick comment about the pros and cons of your tool of choice.

The software review above only represents Cathy’s opinions after previewing an evaluation license of Best Authority Light.  The review is provided for information purposes only, and it does not constitute, and should not be construed as constituting, an endorsement of or advertisement for this product or any company.  It is prudent practice to personally review all software carefully and form your own opinions before purchasing.

Litigation Can Be A Rollercoaster

• “Litigation can be a rollercoaster. Several cases may come in a flurry, or none may arise for several months.  Maintaining staff for the peak periods can be a sizable ongoing cost for salaries and benefits.  On the other hand, not having people when needed can result in overlooking crucial information, making mistakes, or missing deadlines.” (It’s Discovery Time — Do You Know Where Your Electronic Data Is? Michael J. Connor, Contributor, Litigation Support TODAY, November 2009/January 2010)

If you are a litigation attorney, paralegal or legal secretary, the rollercoaster picture and quote above evoke all-too-familiar feelings which you have experienced firsthand.  Those feelings of being dangerously close to out-of-control.  Attorneys have been fighting this battle for years.

Perhaps, you are a solo or small firm practitioner with an established, but yet small, practice which for the most part excludes litigation.  You find yourself with a welcomed new client, and suddenly you have 10 or more active litigation files in various counties governed by various court rules and practices.  Those feelings of being dangerously close to out-of-control surface for you now.

In the midst of our current economic recession, many attorneys are considering for the first time a working relationship with a virtual support professional to deal with those “out-of-control” times.

An ongoing relationship with a virtual paralegal is a viable alternative for many reasons.  The most important reason is simply that you are not required to pay for office space, equipment, full salary and employee benefits for an employee.  You can get the additional support on a contract basis, paying only for the services you need.  It’s a better fit for your bottom line.

Maybe that bottom line would also look better if you lined up someone who could bill your clients on a regular basis.

I urge you to consider, however, that it is always best to have a plan for those peek times of productivity or need for specialized assistance.  You’ve heard that saying, “Those who fail to plan, plan to fail.” Don’t wait until the crisis hits to begin your search for future support needs.  Don’t miss any deadlines.  Don’t miss that critical information.   Don’t make a critical mistake because you did not have the support you needed. 

Begin your search today to locate the virtual paralegal who can assist you when that next major project or litigation spurt comes in your practice.  Remember, virtual paralegals are often highly specialized professionals with years of legal experience.  We network with other virtual paralegals, and we operate on a system of referral networks just like attorneys.   There is a virtual paralegal out there who meets your unique needs.  Great working relationships develop over time.  That doesn’t mean they can’t be packaged in the quantity you need.

If you need help locating a virtual paralegal for your practice, don’t hesitate to email me at cribble@digitalparalegalservices.com.   I will be happy to help you locate a virtual paralegal for your specialty area.

Who isn’t looking for new, cost-effective ways to power their law practice??!!

ABA’s Law Practice Magazine, TechShow Tips Special Issue, outlines a number of tips and tools to add some git-up-and-go to your practice without costing an arm and a leg.

I’m quoting a couple of my favorites below for you to consider.

• Lawyer Marketing Videos. With lawyers’ use of videos burgeoning, what are you waiting for? Seriously. YouTube is now the second most-searched site on the Internet. Whether it’s a modest “welcome to my site” video or something edgier, using online videos to market your practice is something every lawyer should be considering. The cost to have a modest “welcome to my site” video produced generally ranges from $500 to $1,000. One that involves multiple special effects might range from $1,500 to $3,000. Given that viewers today have a short attention span, how long should the video be? A brief video welcoming users to your site should probably be a minute or less. Other forms of marketing videos generally target two to three minutes. **** Is it really worth the cost and effort? Consider this: Online videos are key to driving traffic to a Web site through YouTube, Google Video, Yahoo Video and even normal Google results. Thus, videos are now a standard part of search engine optimization. Your law practice can even have its own YouTube Channel. An excellent article on this subject may be found at www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1202429433261.

• Virtual Assistants. There are many virtual assistant services available on an ad hoc or part-time basis. Why pay someone to sit around and answer the phone in your office when you can have it done by a virtual receptionist? (Check www.totalattorneys.com/our-services/virtual-receptionist for an example of pricing packages.) You can also get receptionists who speak Spanish if that’s part of your client demographic.****Virtual paralegals (check out www.virtualparalegalservices.com) are also available when you need a little extra help. Virtual services are an excellent idea if you’re a solo or still growing your firm and don’t need (or can’t afford) full-time employees.

• Kindle-ize Your Evidence. Lastly, Amazon’s Kindle is not just for reading books, newspapers or periodicals. You can use it for evidence displays, too. Recently we met with one of our favorite litigators, David Oblon of Albo & Oblon LLP, and were fascinated when he told us that he regularly brings his Kindle DX into the courtroom to show the judge demonstrative evidence (as native PDF files), simply handing the Kindle over to the judge. So far, all the judges have been happy to review demonstrative evidence on the Kindle. You can go through a conversion process to get PDFs on the other models, but since the Kindle DX handles PDF files natively, that makes it the device of choice.

Now, who would have thought of using a Kindle in the courtroom to show the judge evidence? Your imagination seems to be the only boundary in utilizing today’s technology!

And, of course, I’m partial to the mention of virtual assistants and virtual paralegals!  The evidence scales are tipping further in favor of virtual assistants (a/k/a legal VA’s) and virtual paralegals as a cost-effective means to getting only the support you need — and not all the other expenses that come with a full-time employee.

To read other tips posted in this article by Sharon D.Nelson and John W. Simek, visit the ABA TechShow Tips Special Issue for March/April 2010.

If you are the Plaintiff’s counsel, the word “dismissed” is not always a good thing to hear, especially if it is combined with the words “for want of prosecution”.  Some attorneys – and their clients – react more strongly to this occurrence than others.  So, just how does this occur and what does it mean?

For decades, courts have made a practice of cleaning up inactive cases on the docket by setting those cases for “dismissal for want of prosecution.”  For whatever reason, the case has been sitting on the docket inactive for a period of time.  The court sets up a dismissal docket with a list of all the inactive cases, and notice is given to all the attorneys of record.    If neither Plaintiff nor Defendant shows good cause for the case being retained on the docket in the manner designated by that particular court, then the Court would dismiss the case and remove it from its list of active cases.

Historically, some law firms felt dismissal in this manner was a bad reflection on the law firm’s reputation.  The preferred method of handling was voluntarily dismissal of the case by the plaintiff without prejudice if counsel was unable to persuade the court to keep the litigation open indefinitely.

As courts have grown in number and their dockets have become more congested, courts have adopted local rules of practice to streamline the litigation process.  The circumstances under which a court may dismiss a case for want of prosecution have been expanded.  Texas Rule of Civil Procedure 165a provides that a case may be dismissed for want of prosecution on failure of any party seeking affirmative relief to appear for any hearing or trial of which the party had notice.  That includes failure to appear at docket call.

One area that requires your special attention is your court’s local practice concerning docket call before a trial setting.  The procedures for docket call can vary from court to court, jurisdiction to jurisdiction.   Some courts require personal appearance before the court.  Other courts or jurisdictions require a telephone call to the court coordinator with an announcement of whether your party is prepared for trial.  That call might be required between certain hours on Thursday afternoon before a Monday trial setting, or it might be required on Friday.

Attorneys and paralegals are now more likely to practice in multiple jurisdictions.  It is now more important than ever to thoroughly and frequently review a court’s local rules of procedure.  Be aware that a county’s district court system may have adopted local rules at the county level, but the specific judge of your court may have additional rules which require special handling throughout the litigation.

The lesson to be learned is this:  Court rules and practices change frequently and they vary at state, county and local levels.  Review your court rules often, and do not make assumptions. Use a sound docketing system and establish backup systems with multiple accountability levels for all deadlines.

If you do learn that a case has been inadvertently dismissed for want of prosecution, check the rules of your state immediately to determine deadlines for filing a motion for reinstatement and take appropriate action.

And last but not least, be sure someone thoroughly reviews those lengthy dismissal notices received from your local court with page after page of case listings.  Pull that old litigation file, and make a conscious decision concerning the future of that litigation.

• Note:  This article was re-published in Strategies for Paralegals Seeking Excellence, The In Between Issue, on April 1, 2010.  Paralegal Strategies is published by Vicki Voisin, The Paralegal Mentor, www.paralegalmentor.com.

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/