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Christmas 2010
Today’s guest post contains great tips for paralegal job security. I know these tips are valid because I have personally experienced the rewards of applying these practices. I might add that they apply to traditional paralegals, freelance paralegals and virtual paralegals.
Thanks, Seth, for reminding paralegals of these important facts!
7 Ways for Paralegals to Become Indispensable to Employers
By Seth Davis, ServeNow.com
The paralegal profession is bucking the roller-coaster trend of the rest of the labor market and heading sharply upward. The Bureau of Labor Statistics (BLS) projects that employment of paralegals and legal assistants will grow 28 percent between 2008 and 2018. The good news for paralegals is that the profession is booming. The less-obvious downside is that more people joining the paralegal ranks means more competition for open jobs.
If you’re a paralegal, now is the time to bring out your competitive side; you need to separate yourself from the pack and make yourself indispensable to employers. We have gathered a list of ways that you can increase your value as a paralegal, with some great advice from former National Federation of Paralegal Associations President Georgette Lovelace, RP.
1. Take Your Education Higher
College degrees have become more important than ever before in employers’ eyes. Paralegals once were able to jump right into jobs without having associate’s degrees or bachelor’s degrees, but modern employers have begun to ask that paralegals furnish a degree as a prerequisite of employment.
“When I became a paralegal, I went to school to earn a bachelor’s degree and that was 30 years ago,” Lovelace said. “At the time the paralegal profession was new and not many people went to school for legal studies. Nowadays it’s almost required.”
Lovelace explained that there aren’t many places in the country where paralegals can get by without higher education, and that some states are creating regulations that require it.
“We’re approaching the time when employers won’t hire a paralegal without formal education,” she said.
2. Don’t Rest on Your Laurels After Earning Your Degree
Employers like to see that paralegals are on a constant quest for self-improvement through learning. Paralegals have access to many continuing education courses and can work toward various voluntary certifications, and pursuing these options can be the extra step that boosts your resume above another.
When discussing voluntary certifications, Lovelace said, “I think it’s important because individually it gives you a sense of accomplishment. And employers in some areas are starting to require it and list it as a preferred component. It demonstrates the importance of paralegals in the industry, demonstrates professional and personal growth, and demonstrates commitment to your chosen profession.”
Voluntary certifications can take the form of NFPA’s PACE program that leads to the status of Registered Paralegal, National Association of Legal Assistants’ certification program that leads to Certified Legal Assistant/Certified Paralegal status, and National Association of Legal Secretaries’ three levels of certification. Many or all of these programs require paralegals and legal assistants to maintain certification by taking continuing education courses.
If you’re new to the paralegal industry, Lovelace shared that NFPA is developing an entry-level exam for paralegals called the Paralegal CORE Competency (PCC) Exam. CORE stands for Competent, Organized, Responsible and Ethical, four elements that NFPA has identified as essential qualities of a good paralegal.
3. Become a Well-Rounded Paralegal
The Bureau of Labor Statistics asserts in its 2010-11 Occupational Outlook Handbook that, “Employers are trying to reduce costs and increase the availability and efficiency of legal services by hiring paralegals to perform tasks once done by lawyers. Paralegals are performing a wider variety of duties, making them more useful to businesses.”
Because today’s paralegals are expected to possess comprehensive skill sets, the catch phrase of any paralegal when assigned a new task should be, “Yes, I can.” Through a mixture of volunteering for new responsibilities at work and participating in continuing education, you can fill in any gaps in your array of skills and become any employer’s dream staff member. According to Lovelace, paralegals should be able to handle any task that lawyers perform, with the exception of representing a client in court and giving legal advice.
“I think the role of most paralegals is to perform ‘substantive’ legal work, which includes duties that are typically performed by attorneys,” she said. “Substantive legal work consists of responsibilities such as legal research, drafting legal documents, interviewing clients and witnesses, analyzing and summarizing documents in a legal matter, etc. Paralegals can’t go to court or give legal advice, but they should be able to do anything else if adequately trained.”
4. Save Time and Improve Processes
Whether it’s finding ways to reduce paperwork or streamlining the phone system in the office, you can impress employers by implementing changes that produce noticeable improvements. Lovelace used ServeNow.com – an online trusted network of local, pre-screened process servers – as an example of something that frees up time for other important duties.
“Learning how to do anything including services available on the Internet such as ServeNow.com helps to get things done much more quickly. If you’re looking for a process server in another state, you can get on the Internet and plug in information and find a process server in minutes instead of making six phone calls. Employers are always looking at the bottom line, and with this you’re saving them time and money,” Lovelace said.
5. Decide Whether to Specialize or Generalize
The Bureau of Labor Statistics also mentions that many paralegals are beginning to specialize in niche practice areas such as real estate, bankruptcy, medical malpractice and product liability because they are growing quickly. This strategy can lead to increased employment opportunities, so you may want to research the benefits of becoming specialized, but Lovelace cautions that specializing in one area can limit you professionally.
“I think specializing in certain areas is fairly common now. It gives an applicant an advantage over a paralegal who only has minimal experience in the same area,” she said. “On the other hand, I think it’s important to have diverse experience. It can limit you if you’re too specialized.”
Lovelace said she made it a point to gain experience in several different practice areas so if she was applying for a real estate position, she could emphasize to the prospective employer her relevant experience in that sector.
“I would encourage paralegals to become more generally experienced because it can help you find the practice you’d like to spend the next five to 10 years in,” she said.
6. Become the Office’s Technology Guru
Staying on top of new software programs and learning to use them will elevate you quickly in employers’ eyes. Lovelace shared that she took the initiative to learn Adobe Pro and soon became the go-to person in her litigation department whenever someone needed to manipulate PDF files. Many software companies also allow you to download free trial versions of their products and participate in their educational tutorials or free webinars.
If you’re looking to bring your firm up to speed with the latest programs and technology, consider technology such as:
Becoming proficient in the latest technology is wise because as Lovelace points out, “Attorneys are far more interested in law than learning mechanics and making something work on the computer.”
7. Maintain a Smoothly Running Schedule
“Setting deadlines for yourself and tracking deadlines for your boss is essential, not only because missing a deadline could result in a malpractice suit, but also because it helps everybody stay on task. You become very valuable to your employer when you can keep track of all those deadlines,” Lovelace said.
Some of your free and paid options for tracking deadlines include Google Calendar, ScheduFlow Online and VueMinder Calendar Lite. Lovelace uses her Outlook calendar as her scheduling system, but you can explore other programs and methods to figure out which is most effective for you and your employer.
Conclusion
You can position yourself to ride the wave of increased employment opportunities in the paralegal profession all the way to the top. Use the above tips to get you started and always be looking for new ways to increase and showcase your value to current and potential employers. And remember: The end goal is to be able to say, “Yes, I can!”
Seth Davis is the content manager for ServeNow.com, which is a trusted network of local, pre-screened process servers. Visit www.ServeNow.com for more information.
I came across a great discussion question today on a Virtual Paralegal LinkedIn Group sponsored by Chere Estrin, Editor-in-Chief at SUE Magazine for Women Litigators.
I suspect this question will inspire a flurry of responses by virtual paralegals and virtual assistants across the country. “We” are as passionate about our profession as the attorneys with whom we work.
How do you check a virtual paralegal’s work? How do you trust that the work is being done on a regular basis? Do I have to go back and spot check everything?
I look forward to following this discussion!
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.
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.

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:
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:
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/
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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:
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?
While studying for the NALA certification exam, I began bookmarking all my favorite web sites with legal information. I became frustrated as I tried to locate comprehensive resource web sites for paralegals. I had to visit many different web sites to find the information I needed.
Now that I had this information I wanted to list it in one place which could be accessed by other paralegals. I learned that purchasing a domain name for a web site is not a difficult task, and I read that building a basic web site with templates was not such a big deal. I enjoy learning and expressing my creativity, so I started the web site Paralegal Prompts. I found Weebly.com, purchased a domain name, and then I began experimenting with the available tools for building a blog and a web site. Before adding too much content, I changed the design several times. I published it so that I could test the feedback on the design and the content.
Sometimes dreams and visions for our careers come to you with comprehensive, step-by-step plans. Detail-minded people love that. All you have to do is organize the steps into a logical, progressive plan, and then begin working the plan. On other occasions, however, dreams and visions come to you as seeds which need to be watered, fertilized and nurtured. They need time to sprout roots, grow leaves and develop branches. As new growth occurs, pruning may be required so that the dream blends in with the landscape of your lifetime goals and responsibilities.
After several designs and some pruning, Paralegal Prompts has a new, more professional image. I think I’m getting closer to the changing vision in my head for its design and purpose. Now, I can start adding the wonderful resources I’ve accumulated. What can I say? Sometimes, you just have to step out to find out!