Carolina Paralegal News

In recent weeks I have had several people approach me as they were searching for someone to fill a paralegal position. Despite high unemployment rates, there are some open jobs that aren’t getting filled. I have some thoughts about why this is happening.

Some of the employers are looking for paralegals with experience – very specific experience. As a result, they don’t want to hire a recent paralegal program graduate or a paralegal who has worked as a litigation paralegal for a year. Instead, they want someone who has done medical malpractice defense work for five years or more.

Many paralegals who have been working for more than five years are reluctant to change jobs and run the risk of being the potential “last hired, first fired.” I can understand that fear. However, I think there are some questions you can ask during the interview process that can help allay your fears about how quickly the job might end. So what follows are a few tips for paralegals who are thinking about whether to make a job change.

Why Risk Changing Jobs Now?

This column isn’t to encourage all of you to go search for a new job. Some of you already have a great job, maybe even the perfect job. However, some of you are ready for a new challenge. You need a change of scenery, you want to add responsibilities or develop new skills. Some of you are bored.

Exploring opportunities during a booming economy doesn’t seem terribly risky. However, even going for an interview could be nerve-racking when all of us have spent the past three years grasping the security of our paycheck for dear life.

How to Change Jobs

One question to ask your potential employer is “Why is this position open?” You want to determine whether the job is newly created or already existed. If the job already existed, there is a good chance that work needs to be done and is piling up on an empty desk. This is good for you. You’ll arrive at a new place, but have work waiting.

If the job already existed, where is the last paralegal? There are many legitimate reasons to leave a job. Be sure to drill down. How long had the paralegal worked there before she left? Does there seem to be an unusual amount of turnover in the firm or in this particular position? High turnover with one attorney might be a red flag. In a great economy, it might be worth the risk – you might be the perfect fit. But if you become one in a long line of failed relationships, what are your chances for finding another new job if that becomes necessary?

If this is a newly created position, inquire about why the firm decided to hire now. Did they bring in new lawyers who already have a steady stream of work? Did they bring in new lawyers who are developing their practice? Does the firm anticipate having enough work to keep you busy? If not, is this going to be viewed as your problem or will they partner with you to make sure the assignments comes your way?

Plan B

You might feel more comfortable making a change if your Plan B is sound. For example, if the new position doesn’t work out, you have already established relationships with recruiters and you feel confident you could find temporary work while starting a new job search. Or you have been working hard over the past few years on your savings account and you have six months’ to one year’s salary in the bank.

How to Find a New Challenge
Without Jumping Off a Cliff

You may read this article and find yourself intrigued by the idea of a new challenge, but you just don’t identify yourself as a risk-taker. Look for ways to take your job to the next level. Can you ask for new responsibilities?

Or look for the challenge outside of your workplace. Take a class. Perhaps you want to improve your writing skills; most colleges and community colleges offer night classes. Maybe the challenge is to learn something new that is unrelated to work – guitar lessons or pottery or screenwriting. Get involved in a charity. Teach someone to read. The possibilities are endless.

I changed jobs in 2009. I was nervous about interviewing when people were still being laid off from law firms on a regular basis. I was worried my current employer would find out and fire me before I had an offer from the new firm. It was a frightening two-month process and I didn’t sleep well during that time. I visited a career coach who was able to help me clearly see my options and feel more confident about my decision. Looking back, it was a great move. Don’t be afraid to see what options are available.

What’s on your mind or being discussed at your water cooler? You can contact me at camille@lawyersmutualnc.com to share ideas or suggestions for future columns or share your favorite legal blog.

Camille Stell is the Director of Client Services for Lawyers Mutual. Recently selected as a North Carolina Lawyers Weekly 2011 “Leaders in the Law” award recipient, Camille has more than 20 years of experience in the legal field, as a paralegal, legal recruiter and business developer.

camille.stell COLUMNS

When CPN asked me to start writing a regular column, I jumped at the opportunity, didn’t balk that there was no pay and promptly asked myself, “What are they thinking?”

I’m Lindsay Valek – paralegal of seven years, potter, hoarder of historical biographies, and frequenter of thrift stores to the point that local proprietors know me by name. Now add CPN columnist to the list. If you’re a fan of the publication, you may remember a few of my pieces abhorring the Bar for not implementing paralegal certification program and proclaiming to the legal world that unless your paper-cut fingers have bled all over a document production, it shouldn’t be considered litigation.

I’ve worked on everything from class actions to legal malpractice to workers’ compensation. My favorite? Trust disputes. There is nothing juicier, racier or sexier than cousins, paramours, trustees and third ex-wives removed fighting amongst one another like toddlers in a sandpit. “Guiding Light” couldn’t make this stuff up. My experience in trust disputes has provided many of my career’s most memorable moments. I’ve had a lumberjack client sob on my shoulder, my fanny smacked (twice) and was once locked in my office and commanded to transcribe a client’s verbal stream of thought.

The legal world has taught me more than I have ever wanted to know. Paralegals have the privilege of seeing, touching and feeling the most intimate parts of our clients’ lives. Let’s be honest – we’re not selling sweaters here. This profession wouldn’t exist if it weren’t for the harsh reality that conflict exists everywhere. No matter what area of law you work in, be it family, contract, probate or personal injury, clients come to us to solve problems. We owe it to them to give a damn. Sure, we could scan those interrogatories and lazily conjure up some lame objection that it’s “unduly burdensome,” but don’t we have a responsibility to give our clients more than that?

Which leads me to a pet peeve. I’ll preface it by admitting I am by no means perfect. I have many, many flaws, among them the inability to communicate effectively with IT personnel, a defiance against justifying why I need a three-ring binder (just give it to me) and a certain loathing for efforts to protect the environment when I know good and well our clients don’t care how many trees I kill if I can save them a million dollars. That said, ladies and gents, let’s take a little ownership in our work. I’ll concede that Bates labeling is a mind-numbing task that a monkey could do, but when we index those little numbers and put them into a fun chart that describes the document, it allows us to find a very specific e-mail in a pinch.

Picture it: You’re in a courtroom when your boss whispers, “I need that January, ‘96 email from Bob.” There are a myriad of responses I could insert here:

“Who’s Bob?”

“I gave it to you last night.”

“Which document production was that?”

“It’s in front of your face.”

All accurate responses, none of which actually solve the problem. Frantically you begin searching, feeling the weight of your boss’s glare and knowing it is merely moments before he rises to argue his objection. Seconds feel like minutes. This problem can be avoided. Know the documents. Know the case. Take the time to learn who Bob is and why he’s important. In short: Take ownership.

Nothing gets me more fired up than 12 bankers boxes of documents that opposing counsel blew a fan through. I know smarty pants attorney “A” assumed that no human being in their right mind would actually lay their eyes upon each and every piece of paper. Oh, how very wrong they would be. If you send documents to my boss, be afraid. Be very afraid. Not only will I stick little stickers on each and every one, but I will tirelessly find each piece of the e-mail string proving once and for all that not only did you have a joint venture agreement but that your client’s wife drafted it and then forwarded it to our client. If it’s in there, I will find it. I consider it a personal mission.

With that, I will step off my soapbox.

This paralegal gig has also afforded me some of most rewarding moments of my life. I’ve seen the kindness of an attorney who helped me change a flat tire in the parking lot of the Spartanburg county courthouse in August (he was the opposing counsel). I’ve seen the weight removed from a CEO’s shoulders when his case was settled after nine grueling days of trial. I’ve received a thank-you letter from an injured worker whose claim was clinchered out and I received the biggest compliment of my professional career from a former boss who told me I was the best paralegal he ever hired. This, from a man of very few words, was a pinnacle moment in my career.

I hope this column will provide perspective and a little humor about this profession which we love to hate and hate to love. What you won’t find here is fluff. It’s not who I am and it’s not what I’m capable of writing about. Don’t expect a piece about paralegals’ role in witness preparation. I received a CLE notification on this very topic the other day and laughed so hard I nearly fell off the chair.

What you will read is an honest account that at times may be funny, other times down-right sad but, hopefully, always entertaining. Let’s face it – this job is nothing if not glamorous (insert eye roll here). Until “Vogue” calls me back about the “Working Women” spread, I’ll be here, writing on everything from the delicate dance we perform with the IT department, the most effective method of law clerk communication and our affinity for staplers that don’t jam.

I’m thrilled to be writing for CPN and I hope you’ll be thrilled to read, although I’ll settle for perversely drawn to what I’ll say next.

Lindsay Valek is a litigation paralegal for the Law Office of Robert Dodson in Columbia, S.C. She can be reached at lindsayvalek@hotmail.com.

lindsay.valek COLUMNS

As Facebook’s search functionality has improved, law firm marketers say now is a good time to create a business page on Facebook.

If you haven’t already set up a fan page — or if you have been violating Facebook policy by showcasing your firm on an individual profile page — here are some tips for building your business page and drawing fans to it.

When you choose a name for your page, think beyond your firm name and include keywords that describe your practice, like “California dog bite attorney” or “Palm Beach estate planning lawyer.”

Stephen Fairley of the Rainmaker Institute in Gilbert, Ariz. advises law firm clients to create several web pages targeting different key words and phrases.

While Facebook restricts individual pages to one per person, it has no limits on how many business pages you create.

Unlike a profile page where an individual can solicit “friend” connections, a Facebook business page cannot invite fans to “like” its page.

“The real tricky part is getting people to like your page,” said Fairley. “Once they like your page, you can market to them, because every single time you post something on your fan page, it goes automatically to their wall and all their friends can see it.”

Tom O’Leary, a law firm marketing consultant, said that one of his clients, a workers’ compensation lawyer in Pennsylvania, offers a free book on workers’ comp law to his fans who provide their contact information.

“It’s a perfect example of how to grow your Facebook presence,” said O’Leary of The Attorney’s ATM in Cincinnati, Ohio.

Gordon Levinson, a personal injury attorney in San Diego, saw his firm’s fan page go viral when he pledged to donate $1 (up to a total of $2,500) for every “like” his page garnered to a 15-year-old high school student diagnosed with a rare lung and bone cancer.

His fans shot up to over 2,300 in ten days.

“From a marketing perspective, that’s brilliant,” said Fairley. “From a personal perspective, it’s awesome. It shows he’s involved in the community, he made a charitable donation to a cause he cares about, and it gives attorneys a good name.”

Dolan Media Newswires COLUMNS, Commentary Facebook

I recently reviewed the latest statistics from the National Association of Legal Assistants on the Certified Paralegal (CP) exam. There are more than 15,000 CPs in the United States, with 340 of those in North Carolina, including 79 Advanced CPs (ACP). The NALA website also reports that the ACP certification board has a new offering, the Criminal Litigation exam. It’s great to know that more than 30 years after the development of the certification exam, the program is still growing.

The North Carolina State Bar certification program is healthy, too. There are 4,251 N.C. certified paralegals. If you have not yet taken the step of becoming certified, this would be a great 2012 goal. Here are some tips to get you started.

Stell

The method of test-taking for the NALA exam has been updated. Go to www.nala.org to get the latest information. While you still have to go to a testing site for the CP exam, you can take the ACP exam online from the comfort of your home or office.

Use prepared study materials or study courses. The NALA website and www.nccertifiedparalegal.org site provide information about study guides, resources and classes.

Have accountability with a study buddy. Back in the day, I met once a week with a study partner. We developed an outline of the material we would study during the 12 weeks we devoted to preparation. We met and worked on the same material one night a week, and we were available to answer questions or discuss, but we were each responsible for our own outlines. Having a study partner worked well for me as it required me to show up with books in hand and stay on the assigned schedule.

Review a few articles on preparing for standardized tests. Some of those tips likely will be helpful.

At test time, use common sense and good risk management. Get plenty of sleep the night before, arrive early, eat good brain food (this isn’t the morning for chocolate donuts for breakfast!) and once you finish a section, release it. Don’t talk with your fellow test-takers and then beat yourself up over the answers you provided.

If you are not among the 4,251 certified paralegals in North Carolina, consider adding this credential to your professional development toolkit.

Identify Your Strengths

The new year is often a time when people focus on goals, which typically involves identifying our weaknesses and focusing on fixing them. According to the Proactive Change web site (www.proactivechange.com), only 46 percent of us are maintaining our resolutions after six months.

Why? Change is hard. There are many steps you can implement into the goal-setting process to be more successful in keeping your resolutions, but what if we re-think the paradigm? Instead of identifying our weaknesses, what if we identify our strengths?

I recommend reading Strengths Finder 2.0 by Tom Rath. His statistics show that people who have the opportunity to focus on their strengths every day are “six times as likely to be engaged in their jobs and more than three times as likely to report having an excellent quality of life in general.”

These statistics suggest that by identifying your strengths, and making sure you are playing to them in career choice and work place, you can increase your chances of having an excellent quality of life.

Further, Rath provides a chart that shows the following:

• If your manager primarily ignores you, the chance of your being actively disengaged is 40 percent.

• If your manager primarily focuses on your weaknesses, the chance of your being actively disengaged is 22 percent.

• If your manager primarily focuses on your strengths, the chance of your being actively disengaged is 1 percent.

• In other words, having a manager who ignores you is more detrimental than having a manager who primarily focuses on your weaknesses. However, if you have a manager who focuses on your strengths by recognizing the value you bring to your workplace or team, there is almost no chance that you will find yourself feeling detached from your tasks or your team.

Wouldn’t it be more rewarding to identify what you do well and polish it or put it into action, than to drag out those same old weaknesses? As an example, one of my strengths is communication. Here is what Rath says about the person for whom communication is a strength: “You like to explain, to describe, to host, to speak in public, and to write. … You feel a need to bring [ideas] to life, to energize them, to make them exciting and vivid. This is why people like to listen to you. Your word pictures pique their interest, sharpen their world, and inspire them to act.”

Is it a coincidence that I write and do public speaking for a living? No. In my job, I play to my strengths daily. That explains why I am energized by what I do and why I can’t wait to arrive at work each day. Read the book, for as Benjamin Franklin said, “Hide not your talents. They for use were made. What’s a sundial in the shade?”

What’s on your mind or being discussed at your water cooler? You can contact me at camille@lawyersmutualnc.com to share ideas or suggestions for future columns or share your favorite legal blog.

Camille Stell is the Director of Client Services for Lawyers Mutual. Recently selected as a Lawyers Weekly 2011 “Leaders in the Law” award recipient, Camille has more than 20 years of experience in the legal field, as a paralegal, legal recruiter and business developer.

camille.stell COLUMNS, Overheard at theWater Cooler CP Exam, NALA

By Cheryl Leone and Dave favor,
Specials to CPN

Dave is writing a book about living a balanced life in today’s world. I told him he should call it “The Unbalanced Life” since the paralegals and lawyers we work with are often trying to swim upstream balancing family, work and personal needs, most of the time not too successfully. What he has to say is important and we would love to hear from all of you about your thoughts on how you do it all…or do you?

The balanced life, I believe, is the balance between acceptance and fulfilling your purpose. Self-acceptance is being happy with who you are now. It’s an agreement with yourself to appreciate, validate, accept and support who you are at this moment. The other side of the balance board is a desire to fulfill your purpose or, I would say, realize your vision.

What is true in life is true in business as well. The key to this puzzle is having some idea of what you want. What is your purpose for being in this world and what is your purpose for being in business?

It is not really a calculated balance of the elements of life, but a realization there are elements along with an acceptance of what life offers. The areas of life that I refer to are spirituality, health, relationships, work/career, joyfulness and basic needs. For many years, I focused on trying to balance all the areas of my life, only to discover that a joyful life was an acceptance of the unbalance. At first glance, that may sound like a cop-out. But the real cop-out is not having any kind of plan, never finding your purpose or not defining your vision.

Sitting in your basement contemplating your navel means you are stalled in life. That was something my grandfather would say. I now understand what he meant. Without a purpose, there is no reason to start your journey. If you are not moving forward, you have no opportunity to contribute, discover happiness, develop relationships or live.

Can you imagine living without a purpose or a vision for your life? How about working at a place with no vision? Life to me is a journey and the real key to happiness is having a plan and living the dream. My starting point is the plan and my destination is my vision. Along the way will be challenges and course corrections.

Without a plan you are adrift, never knowing what is going on. Without passion and a way to express that passion, there is no joy. With no realization of your skills, you will never apply them to your purpose. All the theories, like self-mastery and self-help books, are just guidelines to help you on your journey.

Most of the time, when I find a frustrated or upset person, I discover that they have been working on someone else’s journey and not their own. One day, all the frustration culminates in a crisis when they discover they are lost. So life becomes this complex puzzle. If your neighbor asks you to mow his yard and you do and yours is left uncut, you worked on your neighbor’s vision, not yours.

You must start with the realization that you are alive. You next discover that life has several elements. Eventually you develop an understanding of those elements and have a vision. Now you develop a plan to realize your vision and start on your journey. A good execution relies on that plan and a solid set of values to guide your way.

I have thought about how to define a plan that allows you to start balancing your life and I have come to realize there is no plan. Rather it is a continuing learning of what your life is about, what is needed to make it happen, and how to make course corrections as you meander through this world. It doesn’t happen overnight, and perhaps the first step is to recognize that if you don’t take care of your needs, you can’t take care of someone else.

When I go into law firms in a mentor-coach mode, I can identify the paralegals and lawyers who are growing and learning about themselves, their careers and their role in the work force and in their lives. They may not be perfect, but each day they have an idea of what type of life will make them content and accepting of themselves and others.

If your life is out of control (or you feel it is) then perhaps this one article may start you thinking about living a life of balance.

Email Dave at dwfavor@catalystgroupinc.com. Tell us how you are living a balanced life and, if not, what you think needs to have a course correction. We love to hear from people.

cherylleone.davefavor COLUMNS, Soaring Eagles

By Camille Stell, Special to CPN

Stell

There are many issues facing the paralegal profession – certification, continuing education and changes in technology, to name a few. I am constantly reading, attending meetings and talking with fellow professionals about the various issues and offering opinions or brainstorming solutions.

Recently I was reading some discussions on the LinkedIn page of KNOW: A Magazine for Paralegals. The question was asked, “As a paralegal, how would you respond if a fellow paralegal said he or she had no yearly billable requirements?” The comments ranged from “I don’t have billable requirements so I wouldn’t be surprised” to “My billable goal is 2,000 hours per year, the same as our associates.”

The conversation included comments about whether paralegals with billable goals are more productive. The insinuation was that paralegals with billable goals have more legitimacy. These observations led to remarks reminding the readers that not every paralegal works in a firm that requires billable hours, not because they aren’t real paralegals in real firms.

This discussion started me thinking about how we compare ourselves to other paralegals. Am I a better paralegal because I went to school than someone trained on the job? Am I more qualified because I am NALA certified or N.C. State Bar certified than my colleagues who are not?

Most of you know that I taught in the Meredith Paralegal Program for 15 years, so it is no surprise that I am a strong proponent of paralegal education. However, I think there is room for all of us at the table. I am more concerned about what you are doing once you are in the profession than trying to limit entrance into the profession.

I believe that education provides a firm foundation, but I know paralegals with program certificates who haven’t attended a CLE event in years. To me, staying on top of changes in the profession is as important as obtaining a paralegal certificate.

It is important that we are supportive of one another. We can share differing opinions as long as we all have the same goal – putting the profession in the best light. We continue to need to educate attorneys about our role in the legal process and how we can be utilized to render services to clients more efficiently and economically. Our profession is strengthened when we unite for common goals rather than focus on those issues that divide us.

One way you can contribute to the common goal of putting the profession in the best light is to join a paralegal association. Once you join, get involved and contribute to the many discussions going on about our profession.

Mentoring

Mentoring is a hot topic for attorneys and paralegals. Recently Beverly Michaelis, the practice management advisor for the Oregon State Bar Professional Liability Fund, a bar-related insurance company like Lawyers Mutual, posted a blog entry called “Five Keys to Being a Good Mentor.” Beverly was a former paralegal and her tips very easily translate from mentoring lawyers to mentoring paralegals.

Lynne DeVenny translated those tips on her blog, Practical Paralegalism. I hope you read Lynne’s blog and saw them there, but they are worth repeating:

• Share your experiences in person and via listserves and publications, including paralegal blogs.

• Introduce your mentee(s) to other legal professionals by helping them connect online (for example, via LinkedIn) and at meetings and CLEs.

• Answer questions, whether by email, listserve, online discussion group, telephone or over lunch.

• Be a role model by sharing relevant legal news and practice tips, speaking at CLEs, or publishing articles in newsletters or on blogs.

• Enjoy teaching other paralegals and helping smooth their paths to successful careers.

Several years ago, I was writing an article on mentors and I asked paralegals I knew to speak to me about who their mentors had been and who they were currently mentoring. It was disappointing that many of the people I asked said they hadn’t been mentored, nor were they mentoring anyone.

I wouldn’t be where I am today without excellent mentors – both attorneys and paralegals. Everything I (used to) know about litigation I learned from Walter Brock and David Sousa at Young Moore Henderson. Everything I know about how to be a great litigation paralegal I learned from Joan Brinson Dressler. Everything I know about professional involvement I learned from Joan, Meredith Pollette, Trudy Rutherford, Lee Deuto and Alice Penny. And today, I value the relationships I have made with many Meredith students and others over the years that I’ve been able to mentor.

You heard this from me before. If you need a mentor, find one. If you can be a mentor, share your knowledge. You can do it alone, but it’s just not as easy or as much fun.

What’s on your mind or being discussed at your water cooler? You can contact me at camille@lawyersmutualnc.com to share ideas or suggestions for future columns or share your favorite legal blog.

Camille Stell is the Director of Client Services for Lawyers Mutual. Recently selected a Lawyers Weekly 2011 “Leaders in the Law” award recipient, Camille has more than 20 years of experience in the legal field, as a paralegal, legal recruiter and business
developer.

camille.stell COLUMNS, Overheard at theWater Cooler Overheard at the Water Cooler

By Annette Church, Special to CPN

Church

Editor’s Note: This column is part two of a two-part series that began in our September issue. In that column, Church describes returning to work to find a gas leak in the office – and suspicious behavior by her attorney.

Even though it was confirmed that someone had purposefully created a natural gas leak in the attorney’s office where I worked for Mr. Craig*, we still had to continue working at the rapid-fire rate required to meet filing deadlines and keep clients from growing upset. Yet, there was now a definitive schism between me and the attorney whom I had grown to respect. He showed genius abilities in the courtroom, and I also respected his concern for his clients’ individual circumstances.

Mr. Craig and his wife frequently invited my son and me to their home for meals. I often cared for his two young children during and after working hours. Yet now, there was an awkwardness between us, unspoken yet growing by the hour. I could not rationalize his behavior on the day of the gas leak. And the myriad of alternatives whirling in my mind gave me migraines.

One morning soon after the gas fiasco, Mr. Craig instructed me to bring one of my father’s handguns to the office; when I did so, he wanted me to place it within easy access of my desk. I felt a stabbing pain starting behind my right eyeball, the typical origin of my migraines. Before my jaw had time to drop, he proceeded into a gloriously sound explanation (at least, in his view) for why arming myself at work was mandatory.

“I really did not want to have to tell you this. I really didn’t. But you and I have been receiving death threats,” he said.

Once or twice a week, Mr. Craig worked through the night, and he was always at work by 6 a.m. or earlier if he did not pull an all-nighter. That’s how he had been able to protect me from discovering the notes someone had been dropping through the mail slot in the front door of the office. When I asked him where he was keeping the notes or if he had already given them to the police, he had a gentle look of concern on his face. Then he said, “Oh, no. I flushed them. They’re gone, flushed down the toilet. I couldn’t risk you discovering them.”

I could not believe he destroyed evidence.

Mr. Craig continued with his reasoning on why I should arm myself at work. He told me to take time to look around my office that day and come up with a good place to keep the gun within “easy reach.”

The remainder of the week swept by without any additional mention of me becoming the office’s armed security force. Mr. Craig was out of the office more than he was in it. Thankfully, he had nothing scheduled for court, although he had client appointments each day. Uncharacteristically, when he called me from his cell phone, the connection was very poor and we were often disconnected. I had no idea where he was, though I thought I heard him say something about Wake County. He insisted I not call his wife under any circumstances.

I was on the phone often that week, trying to reach clients and reschedule for the following week. Not that Mr. Craig had expressed concern about his appointments. After one call, I glanced up and looked out the window less than 2 feet from my desk, where a strange man was staring at me. I froze. After a quick thaw I ran to the restroom.

Smart move, I thought to myself – there was no telephone back there. I comforted myself knowing the office doors were locked because I was working alone. Just how long was I going to be willing to hide out?

It turned out I was willing to spend about 35 minutes in the restroom before venturing back to the front of the office. Whoever had been outside was gone and I felt ridiculous.

Before the day was over, the same fellow made a few more uncanny appearances. I was hesitant to call the police because he wasn’t breaking the law. The man just walked up and down the sidewalk in front of the office a few times and once stopped across the street to stare at the front of the office for several minutes. I never saw him again.

In another strange request, nearly four weeks after the gas leak, Mr. Craig told me I needed to go to a particular warehouse and look for “paperwork that could have been left behind after the owners left it.” I had been to this site on one occasion with Mr. Craig. It was several miles away from anyone or anything, a cavernous, mostly empty warehouse with a small front office. He and I had looked in the office when he took me there on an unexplained field trip of sorts. There were no files, papers, not even a paper clip.

Why on this earth did he want me to venture out there? It was 4:45 p.m. and would be dark by the time I arrived. The entry door was encrusted in rust, Mr. Craig himself had struggled with the padlock and now he wanted me to see if any papers were left behind? The particular case related to the warehouse involved a multimillion-dollar scientific intellectual property law suit and countersuit.

Mr. Craig represented the plaintiffs and his description of the defendants had me thinking Mafia. I knew in my heart I would be in danger going there. It was more than fear or fancy; I knew it. The more he insisted, the redder his face became.

By now the sun was fading. I knew nothing had ever been resolved about the threats Mr. Craig said we had received. His months of unusual behavior, including avoiding his clients, instructing me to not speak to his wife and having me arm myself at work, were pushing me to reevaluate this warehouse request in earnest.

“I am not going to go out there. I don’t think it’s safe.”

Mr. Craig dropped the subject and never asked me to go there again.

The majority of the two years I was employed by Mr. Craig, a brilliant litigator, was an educational journey into intellectual property and First Amendment law. Unfortunately, as page by page of his story continued to unfold, it became known he was involved in practices that caused him heartache professionally and personally.

Mr. Craig no longer practices law as a result of charges brought against him by the North Carolina State Bar resulting from inappropriate handling of his trust account prior to my employment, among other activities.

Attorneys with the bar’s Disciplinary Committee of course questioned me at great length, and at 7:15 a.m. on the day before the story hit our local paper, one of the attorneys telephoned me at home. He wanted me to give me a heads-up that Mr. Craig was going to be in the news, and he acknowledged the difficulty I had experienced with the entire fiasco.

In the following days, when I encountered acquaintances at the grocery store, church and other public places, inevitably, the most frequent comment I heard was, “I’m so sorry you worked for him.” To this day, my response is the same: I regret what happened with Mr. Craig and his clients. I have no regrets about working for him. It was a fantastic education I could never have received anywhere else.

Annette G. Church is a North Carolina State Bar-certified paralegal in Charlotte.

achurch COLUMNS, You Are The Link! You Are The Link!

By Dan Bobinski, Dolan Media Newswires

BOISE, ID — The manner in which Yahoo recently fired its CEO Carol Bartz was totally inappropriate. I know things are changing in how businesses operate, but I don’t think we’re at the point where it’s socially acceptable to fire people over the phone.

From what few details we have, Bartz’s termination wasn’t a heated argument that exploded into a “you’re fired,” but rather something the board knew they were going to do. Maybe in five or 10 years, after we’ve all become much more accustomed to the virtual workplace, it might become socially acceptable to fire someone over the phone, but not today.

Perhaps Yahoo’s board was merely trying to be efficient. Well, I like what Stephen Covey says: We can be efficient with things, but we need to be effective with people.

If we’re being effective as managers, terminating someone’s employment should rarely be a surprise event. With the exception of deal breakers such as theft and violence, a termination meeting should occur as a logical conclusion to a series of efforts to correct unwanted or unproductive behaviors. In other words, the employee should know that his or her termination is imminent because he or she has not made timely progress on issues that have been previously discussed.

Granted, I’m not a lawyer, so bounce anything I say here off your corporate legal counsel and make sure whatever you do is in keeping with federal and state implement laws, but here’s how I recommend an employee be terminated, if it must occur.

First, employees need to know what’s expected of them. Reasons for termination should be outlined in a company’s policy manual. The manual should also outline the procedure the company will take when people violate policies. A common process is a verbal warning, then a written warning, followed by termination.

Verbal Warning: When a serious problem is noted, have a meeting to give the employee an official verbal warning. Just saying something in passing can often be misconstrued or not taken seriously, so something needs to be different. The employee needs to understand that he or she is being given a serious official warning. You’ll want to make sure the verbal warning is documented in the employee’s personnel file.

One common mistake at this step is only telling the person that he or she needs to improve or change. A better approach is to be very specific about the errant behavior and what is expected instead. Also, instead of this being a one-way lecture, make it a two-way conversation so the employee is also providing ideas on how improvements can be made. Make sure the employee is aware that if improvements are not made you will proceed to the next step in the disciplinary process. I can’t emphasize that last sentence enough.

Written Warning: Should the employee fail to improve, the next step is usually a written warning. In this document you should note that you have previously counseled the employee on the errant behavior and that because improvements have not been made you are issuing a formal written warning that continued errant behavior will lead to termination.

Again, a big mistake managers make is failing to explore ways to help the employee improve. Another error is failing to establish a follow-up date to evaluate progress. To truly be effective, managers should help with identifying and removing obstacles to progress and also set a date to meet with the employee so they can go over how the employee has (or has not) improved.

Written warnings should always be signed and placed in an employee’s
personnel file.

Follow Up: On the date stated in the written warning, meet with the employee. If satisfactory improvements have been made or progress toward a goal is evident, congratulate the employee and provide additional coaching or assistance to help the employee stay on track.

However, if the employee has not made satisfactory progress, chances are he or she knows it and termination will not come as a surprise.

If you know you’ll be terminating the employee, make preparations ahead of time. In other words, have all the paperwork in order and do what’s needed to make the termination occur as smoothly as possible. I also recommend someone else be in the room while termination occurs.

There’s no need to be a jerk or hard-nosed. A person is losing his or her employment, and compassion is in order. That said, it’s usually best to be direct that despite the efforts made, a termination must occur. Trying to soften the blow by dancing around issues only makes things more difficult, so keep this conversation brief and to the point. The decision has been made. At this point you’re simply taking care of the HR paperwork and formalities.

Again, check with your lawyer, but this time-tested procedure is a whole lot better than abruptly terminating someone over the phone.

Dan Bobinski is a management trainer, best-selling author and director at the Center for Workplace Excellence. He makes his home in Boise. Reach him at (208) 375-7606 or dan@workplace-excellence.com.

Dolan Media Newswires COLUMNS, Commentary Is there a better way to fire someone? You bet there is

By Pat Murphy, Dolan Media Newswires

BOSTON, MA — An American Bar Association ethics panel has proposed rule changes that would make it easier for lawyers to engage in cross-border practice, while making clear that one’s “virtual presence” in another jurisdiction may trigger a rule violation.

The changes are intended to address ethical problems “arising from the globalization of law practice and the proliferation of new technologies, including issues related to cross-border practice, lawyer mobility and inconsistencies in jurisdictions’ rules of professional conduct,” the ABA Commission on Ethics 20/20 explained in a cover letter announcing the new proposals.

The commission’s proposals target ABA Model Rules addressing multijurisdictional practice, client confidentiality, conflicts of interest and admission by motion.

The panel proposed two amendments to Model Rule 5.5, which addresses multijurisdictional practice and the unauthorized practice of law. The first amendment would create a new Rule 5.5(d)(3) that would allow lawyers qualified to practice in one jurisdiction to practice in a new jurisdiction while they diligently pursue admission through the new jurisdiction’s authorized procedures.

The second change to the rule addresses a lawyer’s “virtual presence” in another jurisdiction. Rule 5.5(b)(1) prohibits lawyers from establishing “an office or other systematic and continuous presence” in a jurisdiction unless the lawyer is authorized to practice law in that jurisdiction.

In light of technological advances in legal marketing, the commission proposed changing language in the comment accompanying the rule to make clear that “a lawyer may have a systematic and continuous presence in a jurisdiction if the lawyer directs electronic or other forms of advertising to clients in the jurisdiction with the intent of representing those clients and establishing a substantial practice in the jurisdiction.”

On this point, the commission emphasized that “lawyers who practice virtually must comply with the same restrictions as lawyers who have more traditional law offices, and the commission’s proposal is intended to make this point more explicitly while offering lawyers more guidance as to the Rule’s application to these newer forms of law practice.”

Another proposed amendment would add a comment to Model Rule 1.6 clarifying the extent to which a lawyer moving to a new firm may disclose confidential information about current and former clients for the purpose of identifying possible conflicts of interest.

A third proposal adds a comment to Model Rule 1.7 that would expressly allow attorneys and clients to agree that their relationship will be governed by a particular jurisdiction’s conflict of interest rules.

One final commission proposal would amend the ABA Model Rule for Admission by Motion  to enable lawyers to qualify for such admission after three years of active practice instead of five.

The commission is accepting comments on the proposed amendments until Nov. 30, 2011. Comments may be submitted to Natalia Vera at natalia.vera@americanbar.org.

Dolan Media Newswires COLUMNS, Commentary ABA

By Camille Stell, Special to CPN

Stell

The 2011 legislative session saw major changes to how plaintiff’s personal injury lawyers will do business in the future. I’m going to share my column space with Mark Scruggs, one of the Lawyers Mutual claims attorneys, to talk about changes that litigation paralegals can expect to see.

According to Mark, one of the changes relates to evidence of medical expenses in a civil action. House Bill 542 added a new rule of evidence, Rule 414, which limits evidence offered to prove past medical expenses to evidence of the amounts actually paid to satisfy the bills. With regard to unpaid medical bills, the evidence is limited to amounts actually necessary to satisfy bills that have been incurred but not yet satisfied.

This change in the law will obviously diminish the amount of medical expenses that can be put into evidence in the typical personal injury case and may have the effect of decreasing the potential jury verdict. House Bill 542 made this change in the law apply to actions commenced on or after Oct. 1. One could certainly envision a mad rush to the courthouse to get personal injury actions filed before then.

At the urging of the North Carolina Advocates for Justice (NCAJ), the legislature passed Senate Bill 586, which re-writes Section 4.2 of Senate Bill 542 to make this change in the law apply to actions arising on or after Oct. 1. So it appears the race to the courthouse has been averted, at least with respect to this change.

Not so with the next change that applies to medical malpractice actions. Section 7 of Senate Bill 33 amends N.C.G.S. § 90-21.19 and limits an award of noneconomic damages to $500,000 unless the jury finds: (1) the plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death and (2) the defendant’s acts or failures, which are the proximate cause of the plaintiff’s injuries, were committed in reckless disregard of the rights of others, grossly negligent, fraudulent, intentional or with malice.

This provision applies to actions commenced on or after Oct. 1, so if one has a medical malpractice case with the potential for significant noneconomic damages, one might want to file the lawsuit before then. If that is neither likely nor possible, the lawyer should advise the potential client in writing that her case may be affected by the new statute and it is unlikely the firm will be able to have the case reviewed and filed by the October deadline. As a consequence, the client’s claim may be subject to the cap on noneconomic damages. If the client still wants you to handle her case, get her to signify in writing that she understands and accepts the probability that her case may not be filed before Oct. 1 and, as a result, will be subject to the cap on noneconomic damages.

When Mark spoke with Todd Barlow, the NCAJ Political Affairs Counsel, Todd advised that efforts are underway to ask the legislature to revise this provision so it applies to causes of actions arising on or after Oct. 1. That would seem to be a more efficient way to implement this change and prevent a rush to the courthouse to get medical malpractice lawsuits filed before that date.

Courage

My friend Lynne DeVenny wrote a recent blog entry entitled “Public Speaking Tips for the Painfully Shy Paralegal.” I hope you regularly read Lynne’s blog, Practical Paralegalism. Lynne described her experience of being painfully shy yet finding herself invited to be a frequent guest lecturer.

When I read her account, I immediately thought of courage. It is a display of courage to tackle something new that frightens you. Are you letting fear get in the way of doing something you really want to do? It might not be public speaking that you are afraid of, but many of Lynne’s comments apply to other situations. Her suggestions – to start telling yourself that you can, find your passion and build your confidence – apply to any situation.

Our fear of failing often keeps us from living the life that we want to live. I love Lynne’s idea of building your confidence by starting small. When I started teaching at the Meredith College Paralegal Program, I was nervous and thought, “I’m going to try to speak to paralegals, but I can’t imagine speaking to working paralegals.” I had such a great time in the classroom that when I was asked to be a CLE speaker, I jumped at the opportunity. Yet I said to myself, “Sure, I’ll speak to paralegals, but never lawyers.” Lucky for me, I started small and didn’t let my fear get the best of me, and today I enjoy a career of public speaking to lawyers and paralegals alike.

Try her suggestions and watch yourself kick fear’s booty.

Resources

I enjoy using social media as a resource. I am a member of a variety of LinkedIn groups and I often join discussions on legal topics or learn from others’ postings. I have found out about webinars, seminars or white papers through LinkedIn groups. Lawyers Mutual is working hard to make our social media applicable to lawyers and paralegals alike. I would love your feedback.

Follow us on Twitter at LawyersMutualNC, connect on our LinkedIn Company and Group page, like us on Facebook, and read our newsletter and blog at www.lawyersmutualnc.com. We’d love to have you sign up for our newsletter and it can be delivered to your inbox each month. Just email us at riskmgt@lawyersmutualnc.com.

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What’s on your mind or being discussed at your water cooler? You can contact me at camille@lawyersmutualnc.com to share ideas or suggestions for future columns or share your favorite legal blog.

Camille Stell is the Director of Client Services for Lawyers Mutual. With over 20 years of experience in the legal field, Camille has worked for law firms as a paralegal, legal recruiter and business developer. Contact Camille at 800-662-8843 or Camille@lawyersmutualnc.com.

camille.stell COLUMNS, Overheard at theWater Cooler