Creating the Perfect Paralegal How to Best Utilize Your Staff
by AndreA schultZ, cp
or assistants. Tasks were confined to secretarial or administrative work such as typing, filing, or making copies. Today paralegals are treated as case managers who are involved with all aspects of the case including client intake, preparing a complaint, managing all aspects of discovery, conducting legal research, and drafting final orders. Guideline 3 from The ABA Model Guidelines for the
T
Utilization of Paralegal Services sets out three specific tasks which cannot be delegated to a paralegal: Paralegals cannot establish the attorney-client relationship; paralegals may not set fees; and paralegals are not allowed to give legal advice. Tis leaves plenty of substantive legal tasks which can be performed by paralegals, so why aren’t more attorneys using paralegals in their practices? Oftentimes, attorneys do not know what type of work to
give paralegals or the role of the paralegal is unclear. Law offices that have been successful in utilizing paralegals have effectively addressed these issues by setting out specific job descriptions, as well as salaries, for paralegals. Additionally, paralegals are expected to attend and participate in case meetings. In short, paralegals are treated as professional members of the legal team. Around our office, an exemplary paralegal is referred to as the “Perfect Paralegal.” It is difficult to define a Perfect Paralegal, but allow me
to describe him or her. A Perfect Paralegal is one who can perform substantive tasks competently and ethically. A Perfect Paralegal works extra hours and takes work home because a Perfect Paralegal wants to know the case fully and understand the legal theories. A Perfect Paralegal takes pride in a project and will not give up until all options have been exhausted. To sum it up, at the end of the day, a Perfect Paralegal wants the attorney to look good. While education and on-the-job training are the roots of a
Perfect Paralegal, the paralegal cannot do it alone. It takes two to grow a Perfect Paralegal—the paralegal and the attorney—an attorney must come alongside to teach, guide, and mentor his
he paralegal field has evolved and grown extensively since the early days of legal secretaries
or her paralegal. Education through an ABA-
approved paralegal program provides an introductory knowledge of legal concepts as well as practical skills such as client intake, drafting documents, preparing trial notebooks, and legal research. Memphis paralegals have at least two excellent paralegal programs from which to choose: Southwest Tennessee Community College and University of Memphis. Graduates of these programs are equipped to step
into an entry-level paralegal position. On-the-job training provides the paralegal with
information on office-specific procedures. Tis training also provides an opportunity to begin the attorney-paralegal relationship, which is the basis of mentoring. Mentoring develops successful and satisfied paralegals—
Perfect Paralegals. Mentoring by an attorney will help the paralegal enhance his or her skills as well as an understanding of legal theories. Encourage questions and then be willing to take the time to answer the questions fully. Simply answering the question is not enough—an explanation as to why this is the answer is the most important, yet unasked, part of the question. Paralegals are not taught legal theory in school; therefore, expounding on why can begin a journey to a fuller understanding of the instant case as well as enabling the paralegal to identify similar circumstances in the future. As attorneys recognize and respond to paralegals as
professionals rather than as administrative support, the paralegal is allowed to become all he or she had aspired to be when choosing this career, and the attorney will be rewarded with a Perfect Paralegal. t
ABOUT THE AUTHOR Andrea Schultz, CP, has been mentored by Nick Rice for seven years during her employment as a Senior Paralegal with Rice, Amundsen & Caperton, PLLC. She received her Certified Paralegal in 2010. Andrea has served on the board of Greater Memphis Paralegal Alliance as Community Outreach Chair, First-Vice
President of Education and, currently, as 2013 President. 15
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