virtual paralegals

Debra Bruce is President of Lawyer-Coach LLC. She practiced law for 18 years in several firms ranging in size from international mega-firm Baker Botts, to medium-size and even her own entrepreneurial firm. Debra focused on securities law and mergers and acquisitions, but also consulted to and assisted trial attorneys in a number of cases.  Debra draws on her extensive legal experience, as well as a degree in Psychology and well over 500 hours in training as a professional coach, to help lawyers improve their management skills, increase productivity and bring in more business. She also helps burned-out lawyers redesign their practices for greater fulfillment or transition to a new career.  Debra can also be found on Twitter: @LawyerCoach.

Solo attorneys throughout the United States are hearing the terms virtual paralegal and virtual legal assistant for the first time.  Today’s economy and the desire to keep a home-office practice are leading many solo attorneys to seek more information about virtual support.

What is a virtual paralegal?

The American Bar Association defines a legal assistant or paralegal as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.  The virtual paralegal meets the ABA’s definition, but this paralegal is also good at working independently and is tech-savvy when it comes to sharing files and information via the internet.  Most virtual paralegals work as independent contractors from a fully equipped home office.

 Why should a solo attorney consider partnering with a virtual paralegal?

Many solo attorneys do absolutely everything for themselves.  While that may be an initial budget requirement for hanging out your shingle, you should consider a virtual paralegal partnership as soon as possible for these simple reasons:

• Many tasks can be completed by a virtual paralegal who charges much less than the  attorney’s normal billing rate.
• Virtual paralegal time may be billable to a client at rate higher than the contract rate charged.
• Attorney time and mental energy is free for other client work at normal billing rates.
• Specialized paralegal support might be available on a virtual basis at a less expensive rate than in your geographical area.

 What costs can I save by hiring a virtual paralegal working as an independent contractor as opposed to hiring a paralegal employee?

      Payroll taxes, employee benefits (holiday pay, sick leave, vacation pay, health and life insurance, 401k or other retirement benefits, professional dues, training expenses, coffee breaks), personal phone calls, overtime, office and parking spaces, computer hardware and software as well as other office equipment; and routine office supplies.

 What expenses are involved?

• An hourly contract rate ranging from $40 per hour to as much as 30% of the attorney’s normal hourly billing rate for the time the paralegal works on your assignment;
• Reimburseable expenses similar to those you would charge your client (including postage, mileage, copies, binding, court costs, research fees, etc.).

 How can I locate the right virtual paralegal for my practice area and jurisdiction? 

• Internet or social media searches (Twitter, LinkedIn, Facebook) using a combination of the following search terms.  If no suitable results, drop the practice area and state from your search terms, then ask for referrals from the virtual paralegal firms which do appear.

[virtual paralegal] or [virtual legal assistant] + [your practice area] + [name of your state]

• Check with local and state bar associations, as well as other attorneys

 What credentials should I look for when deciding on a virtual paralegal?

You should evaluate the paralegal’s education, training, work experience and  certifications.  Look at the requirements of the certifying organization, exam descriptions and CLE requirements.   Key National Paralegal Association Links will lead you to more information concerning NALA, NFPA, NALS and AAPI.

Most virtual paralegals who have made serious commitments to virtual work have invested in a website.  They often maintain a blog which will help you understand the paralegal’s writing skills.   Social media activity on Twitter, LinkedIn and Facebook will reveal a clear picture of a paralegal’s professional demeanor.   Ask about client base, current caseload and availability.

A virtual paralegal partnership means you can be solo and successful without going it alone.  Try it, you’ll like it!

Recently I connected with virtual paralegal Misty Sheffield who also happens to be certified by the National Association of Legal Assistants.  Misty specializes in civil litigation and real estate in Georgia, and in today’s guest post, Misty shares some misconceptions she has encountered along her journey.

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Misty Sheffield, Virtual Paralegal specializing in litigation and real estate in Georgia

Recently, at a local paralegal association meeting, I was surprised to find that I was dubbed by some as their enemy and by others as their hero.  Despite my natural inclination to associate only with my “fans”, I decided to find out why some fellow paralegals seemed offended when they found out I was a virtual paralegal (VP) and not a law firm employee or an in-house paralegal.  After a few short conversations a pattern began to emerge; it was the fear of the unknown.  The paralegals who saw me as their enemy had never worked with a virtual or freelance paralegal before and had several misconceptions about how we work.  I would like to dispel the misconceptions and maybe we can all be friends, or at least most of us.

Misconception #1 – Virtual Paralegals Work Directly for the Public and Take Business Away from Law Firms – Yes, there are independent paralegals in the market place who work directly for the public.  However, virtual and freelance paralegals work for attorneys only, and are very careful not to engage in any type of unauthorized practice of law. All of the work I do is supervised by an attorney.  VP’s take ethics very seriously because their business depends on their reputation in the legal community.

Misconception #2 – Virtual Paralegals Are Really Seeking Full-Time Positions in Law Firms – VP’s are business owners, not temps looking for permanent positions. When a paralegal invests time, money and sweat into starting a freelance business, the goal is to grow that business.  It becomes like a child that a mother will not abandon.  I have been offered a permanent position in almost every firm I have ever done work for.  I have refused the offers because that would be contrary to my goal.

Misconception #3 – Virtual Paralegals Are Expensive and Will Cut Into Firm Profits – VP’s can save firms a considerable amount of money.  My clients pay only for the time I spend on their projects.  Firms save money by not being responsible for my office space, office equipment, vacation time, health insurance and the many other costs of a full-time employee.

Misconception #4 – Virtual Paralegals Make Law Firm Paralegals Look Bad To Their Employers – Many times, attorneys hire VP’s because their paralegals have more work than they can handle, but not enough to justify hiring another full-time employee.  By having a VP relieve some of the workload, the permanent paralegals meet their deadlines, complete their projects, and focus on high priority tasks.  They look great to their employers!

I hope this clears up some confusion about how VP’s work.  Law firm and in-house paralegals should truly view the virtual paralegal as a friend and not a foe. 

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If you are interested in contacting Misty for virtual paralegal support, please contact Digital Paralegal Services at 800.531.7527 or send an email to cribble@digitalparalegalservices.com for more information.

Much discussion has taken place in recent months concerning the topic of virtual paralegals.  This new phenomenon – or at least this new terminology – has taken the legal profession by storm.

Traditionally, freelance paralegals and temp paralegals came to the law firm’s office to help out during overload seasons or to fill in while someone was on vacation or sick-leave.

Technological advances and our current economic times have merged and given birth to a new breed:  The Virtual Paralegal.  The terms freelance paralegals and virtual paralegals are sometimes used interchangeably. Both  usually work independently on an as-needed basis.   Both build professional networks and negotiate fees for services rendered.

• The American Bar Association (ABA) defines a legal assistant or paralegal as a person, qualified by education, training or work experience who is employed by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible.
• The Virtual Paralegal meets the definition adopted by the ABA and, in addition, possesses the skills and expertise to perform this work in a virtual setting, usually from a fully equipped remote office as an independent contractor.

(Sixty-Six Solid Tips From Your Virtual Paralegal Success Team)

“It is a natural evolution of the industry.  We live and work in a virtual society – connected by our smart-phones and computers.  Lawyers communicate with their staff via e-mail and text; attorneys and paralegals telecommute; courts are embracing technology and electronic filing.  Going ‘virtual’ is the logical next step.”  (Pamela J. Starr, CBA, www.starrparalegals.com, Sixty-Six Solid Tips)

Paralegals  are by nature independent problem-solvers who enjoy a challenge.  They are visionaries who see a bigger picture, and they think outside the box of pre-determined limits and boundaries.  Becoming independent business owners was also a logical next step.

Cordina Charvis described the Virtual Paralegal’s target market as “solo practitioners, small law firms and in-house legal departments.” (The New Legal Assistant Trend, Virtual Paralegals, The Verdict, March, 2010, published by Ventura County Paralegal Association).   In reality, the Virtual Paralegal could assist law firms or corporate legal departments of any size during times of unusual heavy caseload and multiple deadlines.  Quite often, specialized tasks can be outsourced for a more cost-effective solution.

Deadlines can easily become an expensive crunch-time for attorneys and their law firms if there are insufficient paralegal-hours available to cover all deadline requirements.  Personally, I remember pulling an all-nighter or two in my career! That was not fun and naturally those long hours were quite an expensive overtime expense for  my employer.  Virtual Paralegals are independent business owners who do not draw overtime pay.  Although virtual paralegal service agreements sometimes provide for “rush fees,” those fees are often waived when the attorney has an ongoing relationship with a virtual paralegal.

It just makes financial sense to retain the services of a Virtual Paralegal to meet some of your paralegal support needs.  Virtual paralegals are experiencing higher demand right now, so don’t expect to wait until the last minute to make arrangements for the specialized services you need!

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?

• Trust is not automatic.  Attorneys should spot-check and perform quality control reviews as procedures are established.  As the relationship grows, the frequency and methods of these checks can be adjusted according to the level of trust which has been established.  There is no room for “blind” trust in the detailed nature of the legal profession, especially in a virtual relationship.
• Trust begins when the attorney selects a virtual paralegal with education, training and experience.  Years of legal training and experience are critical in a virtual relationship. 
• Trust is enhanced by selecting a virtual paralegal who has achieved paralegal certification through testing.  I’m talking about extensive testing of the individual’s knowledge and understanding of legal terminology, principles and substantive law.  Paralegals are not licensed as attorneys.  Voluntary certification demonstrates a virtual paralegal’s commitment to the paralegal profession.
• Trust develops in an attorney-virtual paralegal relationship in a progressive manner.  Trust will be limited when you work with a virtual paralegal for a single project.  For maximum productivity and synergy, attorneys must develop an ongoing relationship with the virtual paralegal(s).  Even though most virtual paralegals work on an “as needed” basis, a continuous relationship allows you to fully understand each other’s preferences.
• Trust grows with regular and consistent communication with your virtual paralegal via email concerning projects, deadlines and case status. 
• Trust is encouraged when the virtual paralegal is also available by telephone.  I provide toll-free telephone and fax numbers.  I routinely provide my cell phone number to my clients.  I discourage any virtual relationship without this availability.  Communication is key.
• Trust is a two-way street.  Not only is the virtual paralegal earning the attorney’s trust, but the attorney is also earning the paralegal’s trust.  Many virtual paralegals I’ve spoken with over the last year started their businesses so they can select the attorneys with whom they want to work.
• Trust is established when a virtual paralegal’s work product is completed in a professional and timely manner.
• Trust is enhanced when the virtual paralegal provides a detailed regular billing identifying the projects and a brief description of actual work performed. 
• Trust is developed when the attorney promptly pays all billings by the virtual paralegal and advances expenses as requested.

I look forward to following this discussion!

I recently came across a forum post from a paralegal asking if the “virtual paralegal train” had run its course.  The resounding response by that forum’s readers indicated that virtual paralegals are here to stay!

I believe virtual paralegals are here to stay for a number of reasons:

• The practice of law is undergoing somewhat the same transition that many churches have undergone.  You are still taking care of all the important things, but just in a different manner which is more suitable to today’s lifestyles and economic times.
• Legal professionals who practice virtually are conscientious of security and confidentiality issues.  When I first considered starting my own business, I spoke with Andrea Cannavina, a pioneer in the area of outsourcing administrative support for law firms.  Andrea has made her Legal Typist business stick because online security is an absolute priority.
• Virtual paralegals and administrative assistants are beginning to form virtual teams, referral networks and other supportive relationships with  legal vendors who provide a quality product.  For example, Andrea recently interviewed Jack Newton, President and co-founder of Clio, a leading online practice management tool for attorneys.   You can read about or listen to the interview concerning security at Legal Typist.
• Just as attorneys are “unbundling” legal service packages, they are also unbundling how those services are provided.  Being confined to the traditional law office with a full-time or shared paralegal or legal secretary is no longer mandatory, but an option.  Qualified virtual paralegals and other support staff who work on a contract basis are readily available.
• Paralegal Associates and Kristina Duncan recently conducted an informal Attorney Survey:  Using Virtual Paralegals which indicated that the primary obstacle to using a virtual paralegal was simply the attorneys did not understand how to incorporate such support into their practice environment.

Every day Fox News and other news media tell us that current economic times of the United States are not going to change quickly.  What do you say, attorneys — let’s keep legal outsourcing in the United States!  We promise to do a better job at answering your questions and helping you locate the right tools for the virtual relationship you have in mind!

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.

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.

Like it or not, modern technology has greatly affected the practice of law.  Some of those developments have enabled attorneys and paralegals to gain flexibility and choices concerning how they choose to provide legal services.   Many legal professionals have now work from home offices.  Those who have taken that jump generally say they would never go back.  Some attorneys still maintain their regular office, but they have chosen to take advantage of virtual paralegal resources.  This enables them to cut costs for themselves and their clients.

For a number of years, some paralegals have done contract work, also known as freelance work.  This work has been provided on an independent contract “as needed” basis for specific projects.  Today, paralegals are taking the next step by establishing a fully equipped home office.  By eliminating unnecessary commuting and other timewasters, realistically the paralegal can be more productive for attorneys.  Attorneys and clients benefit because the paralegal gets paid only for time actually worked, and the paralegal draws no typical employee benefits.

As attorneys have become specialized, so have paralegals. That premise holds true for brick-and-mortar paralegals as well as virtual paralegals.  By making the decision to work with a paralegal virtually, attorneys now have the option of working with specialized paralegals who are highly proficient in different areas of law.  Attorneys are no longer limited by geographical boundaries, unless they choose to do so.

In this series I will begin taking a look at the practice areas chosen by virtual paralegals, and discuss some of the tools they use to provide virtual support to attorneys.  Tomorrow we will begin looking at virtual litigation paralegals.

I would like to hear your thoughts, questions, concerns about the hot topic of virtual paralegals! Don’t forget to subscribe so you won’t miss a single post!