Carolina Paralegal News

In the game of baseball, the goal of the batter is to hit the ball. Now, you can get into all kinds of discussions about what the “real” goal is — perhaps scoring a run would be better. When it comes to a popular game, you can probably figure out what the goal is.

For the average person, on the other hand, I can tell you that, by far, the hardest question to answer is, What are you trying to make happen? It never fails that when I first visit a law firm and ask, “What is your vision?”, I get blank looks. My first reaction is that they must not know what a vision is, so I ask, “What is your purpose?” and then “What is your goal?”

No matter how I phrase it, it often is difficult for people to answer that question.

The first step in any journey or project is to identify what you want to accomplish. Your mind is an amazing thing that will move you unconsciously toward whatever future you believe to be real. You can’t start to address what is real until you have some idea what you are talking about. This is true for your law firm, your job and your life.

In our last column, we talked about having a balanced life. Now we are talking about some of the tools and actions that can help us develop the life we want. The simple reason I believe this works is that a vision or a purpose gives us something to strive for. It allows us to see opportunities that we might miss without such a vision. Sometimes terminology scares us because we don’t always know what the terms mean. However, it really doesn’t make any difference if you call it a vision, a purpose, a preferable future or a goal. Fleshing out your vision in more detail, however, is better as a general rule.

For example, let’s say that you are a paralegal in a law firm and your goal is to become a lawyer. Or you are a paralegal in a law firm and your goal is to become a politician. Or you are a paralegal and your goal is to make money to pay your bills. Each person will develop a different path even though they started at the same point and the same job. Some people will end up at the end of their journey lost and wonder what happened to life. Some will end up just where they aimed. The difference is the level of detail they had to define their vision and the amount of passion they had to realize it.

I have seen people and law firms that had no vision. They were totally driven by reacting to interruptions and great at creating stress. I have seen businesses and individuals remove stress and become very successful after they took time to define what their goals were.

I had a lawyer tell me once that the goal of his firm was to make money. When I asked him what he wanted the money for, I didn’t hear a great answer. When I looked at his life, I saw an individual who was totally stressed out, what most would call a workaholic. I’m sure we’ve all heard a reference to the lawyer who will die in his office chair.

Having a balanced life is a great idea and I am all for it. More importantly, I think there should be a purpose for all the hard work. After considering this concept of purpose or vision for several years, I have come to the conclusion that it can’t be just about money or recognition. It must contain some element of contribution. If you are working as a paralegal, what are you contributing to the law firm? Does your contribution benefit the firm’s vision or hinder it? The same theory will hold true for your life. What are you contributing to this world, your community or your family?

Over the years, I have heard lots of interesting explanations for the goal of the paralegal: to make the lawyer look good, to provide client service, to close cases, to do whatever is asked. All that is interesting, but if you could visualize the ultimate goal and how you fit into that picture, I think that is the first step to developing a passion for the job. If your vision goes no further than the end of the day or the next paycheck, you have put such a limit on what you could accomplish. You miss all kinds of opportunities because you are not looking for them. You have no opportunity to develop any passion for anything. You become driven by interrupts and eventually you just give up. When you realize that you have not been on a journey to anywhere, you crash and burn – the old mid-life crisis.

Figure out where you want to end up and define a path to get there. Each day you will learn more, refine your vision and make progress. Don’t wait until you retire to figure out what you want. I tried that and it is no fun. I started a second career with a vision in mind and 12 years later, I am still having fun. Why spend all your time helping others achieve their goal without helping yourself along as well? The alternative is that one day you wake up and see that everyone around you is successful and you are lost. Been there, done that, didn’t like it.

Email Dave Favor 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.

Dolan Media Newswires Features, NEWS & FEATURES Goals

MILWAUKEE, WI — It should have been an easy strike.

The Foley & Lardner attorney with tasseled loafers and a sport coat with elbow patches screamed conservative, said personal injury plaintiff’s lawyer Paul Scoptur, and that was the type of person he didn’t want on his jury in a minor brain injury case.

But Scoptur’s wife, an attorney who was taking notes during jury selection for the 2005 case, persuaded him to keep the Foley lawyer on the jury.

“I remember the judge calling me over after selection,” said Scoptur, of Aiken & Scoptur SC, Milwaukee, “and saying, ‘Pretty risky keeping the lawyer,’ which isn’t what I wanted to hear.”

But the gamble paid off for Scoptur, who won the case and found out the attorney on the jury was an intellectual property lawyer with a background in organic chemistry.

A scientific background was what Scoptur wanted on the jury to make it easier to consider his argument that brain injuries are not limited to those that show up on an MRI.

“He was my ideal juror,” Scoptur said. “But I didn’t know that because I was fixated on the fact that he was a lawyer from Foley & Lardner.”

Successes such as Scoptur’s are the exception to the rule that attorney jurors are often toxic, said jury consultant Alan Tuerkheimer of Zagnoli McEvoy Foley LLC, Chicago. He said the prevailing philosophy when dealing with attorneys during voir dire is to proceed with caution.

“Most people think it’s risky,” he said. “There is a good chance attorneys could be overly influential or persuasive to a jury.”

Federal prosecutor Scott Campbell experienced firsthand in December how attorneys are treated when they’re in the jury pool. He was struck as a juror from two different criminal cases in Milwaukee County.

“I’d like to think they were preemptive challenges and not for cause,” Campbell said. “I think I can fairly and impartially consider evidence.”

But, Campbell said, he knew the prosecutor in one case and the defense attorney in the other, and those relationships could present the perception of bias.

Those professional relationships also can have the opposite effect. That happened to Madison criminal defense lawyer Stephen Meyer, of Meyer Law Office, when he served on a federal drug and gun case in the 1990s.

“The prosecutor left me on the panel,” Meyer said, “because he knew I would be offended by the defense lawyer’s conduct in the case.”

The evidence supported a conviction, Meyer said, but his inclusion on the jury was a strategic play by the prosecution. It paid off, but it just as easily could have backfired, he said.

Still, Tuerkheimer said, it will take more than a few fortuitous jury choices to persuade lawyers to welcome colleagues to the jury box.

“It is a gamble,” Tuerkheimer said. “But it’s about digging deeper than simply making a decision based on the fact that the person went to law school and is a practicing attorney.”

Dolan Media Newswires Features, NEWS & FEATURES Jurors

Teri Bowling’s first day of teaching was almost 20 years ago, but she remembers it well. Bowling was an experienced paralegal when she agreed to teach a six-week introduction to title searches at Meredith College in Raleigh, but teaching was new — and so nerve-wracking she was almost sick to her stomach.

“I just have this vivid recollection of walking into the classroom and having my notes, and being so nervous I talked so fast that I was done in only half the class time,” she recalled. “I said to myself, ‘I’ve got nothing. I don’t know what else I’m going to say.’ I’m sure I let the class out early.”

Bowling soon found her footing and is now a seasoned instructor of a semester-long real estate course that meets three nights per week from 6 to 9:30 p.m. By day, she is a real estate paralegal at Manning Fulton in Raleigh and serves as the Continuing Paralegal Education (CPE) chair of the North Carolina Bar Association’s Paralegal Division.

Balancing teaching with a full-time job can be tough, said Bowling, estimating that every hour in class takes about three hours of preparation. But for her, the rewards far outweigh the challenges.

“The enthusiasm and energy of the students keep me interested in what I’m doing,” Bowling said. “I think it makes me a better paralegal.”

Instructors said they thrive on sharing their professional passions and experience; the intellectual challenge of staying up to date in practice areas; and engaging with students and colleagues. The extra income is nice, too.

But prospective teachers also should consider the less appealing aspects, instructors cautioned. Beyond the time commitment, teachers must deal with the occasional difficult student, the growing role of online learning and, for those new to the classroom, learning how to teach.

“I think that a lot of would-be instructors think that expertise is the most important component — but being good at what you do is not enough,” said Marisa Campbell, director of Meredith College’s Paralegal Program. An attorney, she also is past president of the American Association for Paralegal Education. “You cannot just tell stories from your experiences and think that is sufficient. You need to be able to teach well and be interested in constantly improving your teaching skills.”

A love of learning

Camille Stell, director of client services for Lawyers Mutual, spent many years as a paralegal and taught at Meredith College from 1990 to 2005. Despite her dedication to teaching, she left when it became difficult to balance with her full-time position. Like Bowling, she tested the teaching waters by starting with a six-week class.

“I had no idea if I was going to be good at it or if I was going to enjoy it,” Stell said. “Once I got in there, there were so many things about teaching I loved.”

First and foremost, she loved being a paralegal — and she was fired up to share that passion with students. “I really welcomed the opportunity to be one of their first touchpoints with the profession and say, ‘You have made an excellent career choice.’”

She also valued the push to continue learning, to ensure she was maximally prepared for class: “You never know anything as well as you know it when you teach it.”

By far, one of the most common reasons paralegals take up teaching is a desire to share their enthusiasms. Bowling said she could talk about real estate and title work for hours — and in the classroom, she gets to do just that.

“I really have a passion for real estate and so I want to try to pass on that passion to young students and get them as excited about it as I am,” she said. “I’ve taught some other short courses and I didn’t enjoy those as much because they weren’t on subjects that were my true passion.”

There’s also an element of “giving back” that Bowling finds satisfying. Recognizing the paralegals and attorneys who have mentored her over the years, she believes it’s important to do the same for the next generation. She gets a boost, too, she said.

After a really great class, “I’ll be pumped up driving home because either the students were pumped up and you feed off their energy or their lightbulbs came on — concepts we discussed finally click and they’re excited about it.”

In Goldsboro, Jackie House is a litigation defense attorney for Walker, Allen, Grice, Ammons & Foy. She started her career as a paralegal, graduating from Johnston Community College in 1992. Houser planned to teach “just one class” at the community college in 2000 and still enjoys the role years later.

The best part, she said, is engaging with students as they parse legal issues: “If they take Position A, I’m going to take Position B. We’re going to banter it back and forth whether we’re working out a problem, working through pleadings, or trying to think of defenses to a crime — just getting the juices flowing and thinking of all the possibilities.”

Because many instructors do value that interaction, prospective teachers should consider whether they are a better fit for in-person or online classes, a growing part of many curriculums. While online learning is convenient, it changes the teaching experience dramatically, according to Houser, who has led both types of classes.

From paralegal to instructor

For those who lack experience but want to try their hand in the classroom, Campbell recommends getting involved in professional organizations, particularly in leadership and continuing education. Planning CPEs and being a guest speaker both boost a resume.

“Once you have developed your teaching skills, contact your local paralegal program and ask if there are any teaching opportunities there,” Campbell said. “If you already have developed a reputation as a good speaker and teacher, being hired as a teacher in a paralegal program becomes much easier.”

Teaching a short course is a manageable way to gain experience, or new teachers can volunteer to speak to classes as a guest lecturer or panel participant.

“If you’re in litigation and your specialty is toxic tort litigation, say, ‘I would love to come talk to your class about leaking underground storage tanks,’” Bowling suggested.

Speaking at CLE and CPE programs is another way to gain experience in public speaking, preparing lecture notes and fielding questions. Opportunities may be available with local and state paralegal associations, as well as CPE providers like HalfMoon Seminars and the National Business Institute.

Pulling off the balancing act

Veteran instructors said that no matter how much they enjoy teaching, the time commitment can be daunting. “It’s hard to balance if you’ve got 30 students, you’ve got 30 tests to grade, 30 students to counsel, 30 resumes to review,” Stell said.

Those considering the classroom should take a hard look at that reality, Campbell said: “It is important for instructors to really acknowledge if they really do have the time to teach — and teach well. The legal profession can be very demanding and when you add family and community involvement, it is important to ask yourself if you have time to teach right now.”

That said, she acknowledged that when the time is right, there is definitely excitement in being part of the learning process as students grow into colleagues.

For some instructors, the biggest challenge is simply learning to teach. Creating test questions may sound easy, until the first time you hand out an exam and students have countless interpretations of your questions.

“It took me a number of years of trial and error to be very specific in my test questions,” Bowling said.

Keeping material fresh also matters, according to Stell, who recommends rotating class projects and incorporating speakers and new activities. “If you’re doing the same thing today that you did five years ago, you may think your students don’t know because they’re a fresh batch every time, but I bet they do,” she said.

For Campbell, one of the best things instructors can do is put themselves in students’ shoes: “One factor that instructors — even seasoned ones who are terrific — can often find difficult is remembering that the students are usually seeing the material for the first time. …. I think that can help when you are looking at a sea of blank looks when you discuss the essential elements of a contract for the first time.”

Once teachers have educational strategies in hand, they may need to conquer one final hurdle: the nervousness of public speaking. For one who lacks confidence, well-prepared material or both, a three-hour class can seem very long.

“Once you’re up there, it’s kind of sink or swim,” Bowling said.

Her tip is to avoid the number-one fallback of the nervous teacher: avoiding students’ eyes by hiding behind lecture notes and merely reading out loud. “It’s been my personal experience that nothing alienates a class faster than someone reading primarily from the material.”

Learning on the job

Some lessons are best learned on the job. For instance, how do you handle the student who monopolizes class with rambling comments? What about the student who complains about unfair grades, on every assignment? What will you say to students who text-message during your lectures?

The first time Stell encountered a student who monopolized class time, she knew other students expected her to address the problem, but she wasn’t immediately sure of the best way to respond. She found a way to tactfully acknowledge the student’s contributions, but firmly pull the conversation back to class material.

According to Bowling, real estate law and family law have a particular tendency to bring out students’ personal stories, because most people have bought a house or dealt with family tangles.

“It’s amazing to me how quickly other students don’t have patience for that, because you can see other students starting to roll their eyes or disengage when someone else is monopolizing classroom time,” she said.

Other students spend class time texting or even Facebooking. Bowling recalled one student, sitting plainly in the front row, who spent much of the class looking down at her phone and tapping out texts with the eraser end of her pencil.

“If they’re not paying attention, that’s a problem in and of itself, but it’s also a distraction for me once I notice it,” Bowling said. “It’s hard for me to get back on track because I’m appalled somebody would do something like that.”

She now addresses smartphone use on her syllabus and in person during the first class.

For those who discover a love of teaching, such challenges are part of the job — and long-time instructors agreed that experience is, indeed, the best teacher.

“There’s an art to being a teacher just like any other career and there’s a learning curve on figuring that out as well,” Stell said.

Amy Burroughs is a freelance writer in Baltimore. Please contact her at amyeburroughs@gmail.com or visit www.amyburroughs.com for more information.

amy.burroughs Features, NEWS & FEATURES Instructing

After 63 years with the same Charleston law firm, paralegal Nell Romanosky is a living bit of history.

But don’t mess with her Selectric.

By Amy Burroughs

Nell Romanosky doesn’t have an email account, and she still types on her trusty IBM Selectric. At 83, she remembers being shocked when women exchanged their skirts to wear pantsuits to the office. And she favors Bing Crosby over “modern-day music.”

“Hip-hop and that kind of stuff – I don’t care for that at all,” she said.

Romanosky’s tastes may linger in the past, but she has a unique treasure that escapes members of the younger set – first-hand knowledge of an important historical era in Charleston’s legal community.

Romanosky, a paralegal, joined Legare, Hare & Smith – then Legare & Hare – in 1948, when many of the city’s prominent attorneys conducted business from second-floor offices along Broad Street. It was March 15, 1948, to be exact, when Romanosky, a recent graduate of Charleston’s Rice Business College, walked into the firm for the first time. Like most folks who find themselves with surprisingly long tenures, she never expected to be there 63 years later.

“The years just went by,” she said. “Before I knew it, 20 years had passed. Then the next thing I know, 30 years had passed and I was still here.”

The firm, founded in 1946, moved to St. Andrews Boulevard three years ago. That was just one more milestone Romanosky shared with the firm’s partners – James Cuthbert Hare and Thomas Allen Legare, Jr., both of whom died last year, and Gaines Smith, who joined the firm in 1950. Over the years, the three attorneys and their longest-serving paralegal watched each other’s children grow up and celebrated the arrival of grandchildren.

“It’s just a close-knit family,” Romanosky said.

Smith agreed. “As far as Nell is concerned, you couldn’t have found a better secretary.” Between the two of them, he said, “We could probably tell you the names of all the lawyers practicing in Charleston over the last 20 years.”

Learning the Ropes

Broad Street was in its heyday when Romanosky came to Charleston to attend Rice Business College, soon after graduating high school in Shelby, N.C. The Historic Charleston Foundation, recognizing the area’s long-time status as a legal and commercial hub, considers the area historically significant. The “four corners of law” at Broad and Meeting streets – City Hall, state and federal courthouses, and a church – also raised the area’s stature.

Romanosky stayed single a little longer than her girlfriends back home, most of whom got married and started families after high school. It wasn’t until Romanosky was almost 25, she said, that she married her husband John, who spent his career with the U.S. Army Corps of Engineers.

In those days, local offices would call Rice’s owner to see if he had any “girls” ready for the workforce. That’s how Romanosky got her first job in a law firm, working as a secretary for Buist and Buist. About a year later, with the spring of 1948 approaching, she interviewed with Mr. Hare, who offered her a job.

Given women’s limited professional options at the time – teacher, nurse or secretary were the most common paths to a career – Romanosky said she wasn’t sure where her training would take her. But the law turned out to be a good fit.

“You learn something every single day you’re working in a law office, about all kinds of things,” said Romanosky, who now handles mostly family and estate cases. “It was all very interesting to me.”

But on her first day, she recalls, she was a bundle of nerves. “I had never even been in a law firm. I had no idea what it would be like. I was very apprehensive.”

According to Romanosky, Legare & Hare employed one of the first female secretaries to work on Broad Street – Josie Stewart – and she showed Romanosky the ropes.

“I did everything, including all the book work and the bills and ordering supplies and all of that, plus all the legal work,” she said. “Then after a few years, I hired a second girl, but I’ve been basically the behind-the-scenes person in the office all these many years.”

As a North Carolinian, Romanosky’s accent made her stand out when she first came to town.

“I had a different brogue, I guess you’d call it, than the rest of these people. All the other people who lived in Charleston had a different accent. Of course, I’ve acquired it over the years since I’ve been here,” she said. “Everybody used to laugh at my accent.”

Her employers held prominent positions outside the office, so Romanosky’s role extended beyond that of a typical paralegal. Smith said he served 20 years as a U.S. Commissioner – a position replaced by the Federal Magistrates Act of 1968 – and Legare represented Charleston County in the South Carolina Senate for 16 years. Hare had spent about five years as a prosecutor, Smith said.

As a result of those connections, Romanosky said, “I got involved in a lot of political stuff going on in the office.”

The exposure spurred her interest, and she soon enrolled in a program that offered law courses to paralegals and allowed them to take the bar exam after working under an attorney’s supervision. Romanosky’s studies were going well, but the responsibilities of motherhood – she has three children – soon took priority.

“I never finished that course, which I regret to this day,” she said. “I was doing very well with the course, but when you got married and had other responsibilities, I didn’t have the time to study and take the exams.”

There’s a touch of wistfulness in her voice when she considers that she could have become a lawyer, but Romanosky said she knows her role in the firm has been an important one. “They counted on me to be their right-hand man, I guess, all these many years.”

Like most long-time paralegals, she said she learned enough to prepare legal documents on her own, with attorneys simply providing the final review.

All in all, she said, “I’ve enjoyed every bit of the time I’ve worked in this office.”

The Bustle of Broad Street

Broad Street had its traditions, and Romanosky remembers them well. Each morning around 10 a.m., many of the attorneys would gather at Robertson’s Cafeteria. Over coffee and breakfast, they’d congregate in small groups to discuss cases and legal gossip.

According to Smith, it was a familiar group: “Back in the 1940s, every lawyer knew every other lawyer by his first name and they were in contact with those lawyers almost on a daily basis.”

In those days, Romanosky said, you’d never see an attorney strolling down the sidewalk without his hat and suit jacket. Even in the office, men stayed formally dressed. As modern ways crept in, that gradually changed.

“Now when they’re in their offices or on the street, you’ll see them in shirt-sleeves or whatever, very casual,” she said. “That’s very different from when I first started.”

Women underwent an even more dramatic shift.

“When I first started working, you wore dresses and dress shoes and what-not, and when you went to church, you wore a hat and you wore gloves,” Romanosky said. “It was kind of shocking to me when secretaries started wearing pants to work. You wore slacks when you were out doing things on your days off or whatever, but you didn’t dress like that to be at work.”

Romanosky took her time joining the trend, but eventually she, too, swapped her skirt for a pair of pants.

Broad Street itself has changed over time. When Romanosky arrived, the ground floors of the stately buildings held banks, drug stores and real estate offices. Gradually, many of the Broad Street lawyers moved to other parts of Charleston, and the storefronts began to fill with restaurants, boutiques and art galleries.

“It’s nothing like it was when I first was on Broad Street,” she said.

And sometimes, the changes are a matter of perspective, she admits: “I’ve watched a lot of older lawyers – who to me, seemed very old when I first went on Broad Street – they were not as old as I thought they were. I’ve watched their sons and daughters grow up and some of their sons have become lawyers.”

Romanosky, too, has a son who has been practicing law for about 15 years.

Amidst all the changes, Romanosky said she has no intention of trading her electric typewriter for a computer.

“I’m sure I could turn out work a lot faster if I had a computer,” she said, “but I just don’t feel like it at my age.”

She used to joke with her bosses that if her typewriter ever broke down, she’d have to quit her job. But for now, the repair shop is able to keep her machine running. As it turns out, some folks like the sound of an old typewriter. Recently a client visited the office and followed the rhythm of pecking keys upstairs to Romanosky’s desk.

“You know, I’m so glad to hear a typewriter in this office,” he said. “You never hear a sound like that in an office anymore.”

As for the Internet, she doesn’t have much use for that, either, relying on her coworkers when she needs to track down information online.

Romanosky has been working three days a week for the last decade, but said she would miss the office if she stopped working entirely. Her vision is not quite as sharp as it used to be, but she hopes to continue until at least March 15, 2012. That, she pointed out, would mark 64 years at the firm.

Smith is pulling for that, too. “I’m just delighted she stayed with me all these years and I hope she’ll stay with me until I quit,” he said.

These days, Romanosky and her husband make their home on Johns Island, and when they want to listen to music, they still use an old turntable that plays 78s.

The firm now is led by Smith and three lawyers from the next generation, but Romanosky said it’s still the kind of place where you can get acquainted with your colleagues. Today’s large, sprawling firms hold no appeal for Romanosky, who said she would feel like “just a number” in such a place.

“I wouldn’t care a bit for working for a law firm like that,” she said. “I just like the relationships you build in a small firm.”

Amy Burroughs is a freelance writer and editor. You may contact her at amyeburroughs@gmail.com or 704-965-6721.

amy.burroughs Features, NEWS & FEATURES

How do you know you’ve got a raging case of burnout?

You start a blog called Paralegal Hell.

Or at least that’s what one senior paralegal – we’ll call her PH – decided to do in order to cope with the stress of her long hours at a mid-sized law firm in Texas.

The job initially was OK, according to PH.

“But then the lead attorney woke up one day and decided that he really didn’t care anymore,” she said. “This, of course, placed a great deal of a burden on the paralegals and his associate, as he honestly did nothing all day.  No client interaction, no going to … meetings, nothing. I was working late hours and coming home depressed and dreading the next day. It was at that point that my fiancé, then boyfriend, suggested I blog.

“I never thought I would have any readers,” she said.

She was wrong.

Today – just nine months after its inception – 292 people “like” Paralegal Hell on Facebook. PH even has coffee mugs and mouse pads designed with the Paralegal Hell logo available for purchase.

She said low morale and burnout is endemic in the profession.

“Currently I am in charge of 10 paralegals in my department and nine of them want out of the legal field,” PH told CPN. “They are miserable, overworked, underpaid and unappreciated.”

‘Survivor’ stories

Paralegals report a variety of factors about the job can lead to burnout, such as erratic compensation, a lack of career ladder and too much work.

The size of the firm doesn’t make a difference either, said Stephanie Crosby, a paralegal with Ward and Smith in New Bern, N.C.

“In a small firm, when you don’t have anyone to rely on except the attorney and receptionist, that can cause a lot of burnout. But working at a big firm, you’ve also got the stress of trying to meet the requirements that are in place,” she explained.

For Stephanie Gillespie, a paralegal with BlueCross BlueShield of North Carolina, what got to her while working in a private law firm was the billable hour.

“I used to think of everything I did at work and at home in increments. With my housework, I’d think, ‘OK, this is going to take 0.5 to do,’” she said.

She also found the law firm environment and long hours at trial kept her away from her son, who was in elementary school at the time.

“I wasn’t mopey or miserable,” Gillespie said. “It was a very internalized thing, just a general thought of ‘This is not where I want to be.’”

So she tried switching firms, only to find the same sense of disillusionment “once the honeymoon was over and the makeup came off.”

But at Blue Cross, she found her niche. Even though she has a longer commute to the office, she doesn’t have to bill her time anymore. “It doesn’t even come on my radar, and that’s huge,” Gillespie said.

Sending out an S.O.S.

Most State Bars or bar associations have expressed concern about growing number of practitioners who report problems of substance abuse and depression as a result of burnout. But most often that’s mentioned in the context of stress among attorneys, not paralegals.

Both the North Carolina State Bar and the South Carolina Bar offer mental health programs for lawyers, but do not extend those services to paralegals.

This is less unexpected in South Carolina, whose Bar has repeatedly chosen not to formally recognize paralegals despite advocacy efforts.

But the N.C. State Bar does formally recognize paralegals through its certification program. When that program was instituted in 2005, there was some discussion about extending the Bar’s mental health services to paralegals, said Don Carroll, director of the Lawyers Assistance Program.

But that didn’t happen. Bar leaders told Carolina Paralegal News that they couldn’t remember exactly why. However, Tara Wilder, assistant director of the Bar’s Board of Paralegal Certification, speculated that because the program was an entirely new creation, planners were hesitant to create a whole new arm before seeing how well the inaugural version of the program would fare in the first place.

Carroll does get calls from paralegals curious about whether the services apply to them.

“It would certainly be possible for the Bar to let us do that,” he said in an e-mail to CPN. “For example, the [N.C. Medical Board's] Physicians Health Program, which is equivalent to the LAP, also includes physician’s assistants and nurse practitioners. If the paralegal [board] wished to have that benefit, they would simply need to approach Bar leaders about it.”

Members of the Paralegal Division of the N.C. Bar Association do have the ability to make use of its BarCares program, which provides three free counseling sessions to participants, said Crosby, a board member of BarCares.

About five paralegals have contacted the program this year for help.

“And we’ve had several repeat users, which is great,” Crosby said. “It helps us know they’ve gotten something out of it.”

For PH, there’s one simple thing that she said would help alleviate paralegal burnout.

“Simple appreciation and a thank-you goes a long way for a paralegal,” she said. “If the attorneys I currently work for would just say thank you or show any appreciation that I am at work getting their dockets together at the last minute, I would maybe work a little harder and care more about the work I am doing.”

Tips To

Relieve

Burnout

• Protect your schedule: Build a time buffer to minimize the impact of unexpected glitches that arise in the day.

• Manage your manager: Proactively contact your supervising attorney with e-mail reminders and frequent updates to try and avoid disasters that could be prevented with better time management.

• Maximize your peak times: Save the most demanding or complex tasks for the time of day when you can concentrate best.

• Limit distractions: Set aside blocks of time to respond to e-mails and phone calls.

• Avoid “super paralegal” syndrome: Don’t be afraid to ask for help or delegate tasks when you’re overwhelmed.

• Find ways to relax: Try exercise, breathing exercises or reading a humorous book to relieve tension.

• Reflect: Think about your talents, goals and skills. Do they mesh with your current responsibilities? If not, perhaps it’s time to consider another position, whether it’s in the legal field or elsewhere.

• Seek counseling: If things reach a crisis point, utilize mental health benefits offered by employers or other associations.

Sources: “Better workload management leads to peak productivity” by Charles A. Volkert, Esq.  and “Combat strategies at the burnout battlefront” by Mark Gorkin, LICSW.

Diana Smith, Staff Writer Features, News, NEWS & FEATURES

By SYLVIA ADCOCK, CPN Staff Writer

sylvia.adcock@nc.lawyersweekly.com

I guess I owe it to Ziploc bags and my mom’s cooking.

I had it all planned out. I thought I could start studying for the North Carolina State Bar’s paralegal certification exam exactly one week beforehand and be in fine shape. After all, I’ve been able to keep some of my knowledge from deteriorating at my job here at Lawyers Weekly writing about legal issues. A week? Plenty of time.

But the weekend before the test was jam-packed – a little more than I’d planned. My youngest daughter was turning eight, and we had five little girls at our house for a sleepover. Needless to say, no one – least of all me – slept. By Sunday morning, everyone had cleared out and I was trying to clear my head.

My plan was to take Sunday afternoon and evening and go study. Fill my backpack up with all my textbooks, which thankfully I had highlighted, and be unavailable to anyone for about five hours (that’s my attention span).

Turns out my daughter wanted us to have a special family-members-only birthday dinner after her friends had left. Kind of hard to say no. So we went to her favorite restaurant and I ditched the Sunday study plan.

Monday night. Still plenty of time, right? Except that my husband worked late. Real late. He’s a journalist too, and had gotten involved in a breaking story. By the time I made dinner, got everyone in bed, I was beat.

So it was Tuesday before I got started. I took my textbooks and notebooks to work along with a large stack of index cards and a gallon-size Ziploc bag. On a coffee break, I started going through my notes and texts, copying down everything I thought I’d need to know. That night, my husband was late again, but I stayed up past midnight creating my portable study file.

By Wednesday night, I had what I needed. It had taken hours, but the Ziploc bag was full of large index cards, each separated by subject (“R.E. “for real estate, “fam” for family law, etc.) to drill myself on. I could carry the bag anywhere and pull out a stack of cards to review.

But by Thursday night I was starting to panic. Did I really know this stuff? Was I studying the right things? As a Latin student in high school and college, I know my actus reus from my mens rea – but was the test going to go there? I could feel my brain cells begin to deteriorate. I hadn’t been to a test that lasted three hours in years. Plus I don’t like tests where you have to fill in those little circles. I’m sorry, but I don’t.

It was time to call out the big guns. Mom. My 70-plus-year-old mother lives in Raleigh and she has the energy to get up and fix a mean breakfast. So the night before the test, I spent the night at my parents’ house, with no distractions of laundry or dishes piling up. It was just me and my Ziploc bag and a peaceful sleep.

I was up two hours before the exam with mom serving me scrambled eggs with cheese, bacon and toast. And lots of coffee. One last look at the index cards and I was headed to the Meredith College campus in plenty of time for the 8 a.m. exam.

I finished the test in two hours. But some parts were harder than I expected, and despite acing my courses at Meredith’s paralegal program, I wasn’t confident I’d passed. A number of questions I was absolutely sure of. Some I wasn’t.

It was a long eight weeks before I got word. I even began to wish I hadn’t told anyone I was taking it. That way, if I failed no one would know, and I could just try again in the spring.

My advice? Go ahead and take the test the first time it’s offered after you finish school. Your capacity to forget things may be greater than you think. And if your job is in a specialized area, you won’t have daily exposure to some of the things that may appear on the test.

And get a good breakfast.

staff.cpn Features, NEWS & FEATURES North Carolina Paralegal Certification Exam

By ERICA C. McADOO, Special to CPN

I loved working in a law firm the first day I started. I think I made copies for about eight hours … on a Saturday … for free. But I did it with a great attitude, and I looked pretty good doing it (I had purchased my first suit for the occasion). 

By the end of the day, I had a job offer as an administrative assistant. It was only part time, and I would ultimately spend the subsequent months copying, making tabs for notebooks and shredding old files. But while some may find such tasks to be demeaning, I used them as an opportunity to observe the inner workings of the firm.

I learned a lot during those months. I picked up various bits of legal jargon from the documents I was handling, started to learn what kinds of questions to ask and I learned that making assumptions often costs more time than it saves. 

And I watched people. I watched other staff, paralegals, associates and firm partners. I tried to discern what tasks were asked of the people in those positions and what attitudes and work ethics were expected and admired. I found myself wondering how I could learn more, how I could learn faster, and, secretly and occasionally, I wondered if one day I would graduate up and out of the copy room.

To date, my answers to those questions are 1) say “yes,” 2) read a lot and say “yes,” and 3) not a chance.

Four months after first setting foot in a law firm, I was offered a full-time position as an administrative assistant/case manager. Three months after that, I was doing litigation and pre-litigation paralegal work. But I worked hard to get there. I read everything I could get my hands on without being asked. I read the North Carolina Rules of Civil Procedure, lien manuals, bicycle and pedestrian safety laws, motor vehicle statutes, Lawyers Weekly and Carolina Paralegal News. I Googled legal and medical terms that I didn’t know. And I asked questions – lots of them. I was lucky enough to have a wonderful senior paralegal and an attorney at the firm who would answer my sometimes incessant questions with neverending patience.

I also signed up to join paralegal associations, receive online paralegal newsletters and and become a member of the N.C. Advocates for Justice.

When I received an e-mail announcing the NCAJ’s Legal Assistants Division needed a communications co-chair, I volunteered. I didn’t even know what it was exactly, but I knew I wanted to be involved and I wanted to learn. I also went to conferences, met other paralegals, forgot my business cards the first time and made sure I had lots the next time.

Reading, saying “yes” to so many things and joining so many legal-related groups and activities helped me learn the ropes. At times I felt like I was overbooked, overwhelmed and over my head. I probably was. But I survived, and I learned so much, so fast. Also, I think being that involved fueled my passion for this career even more.

I have been in a law firm for two years now and love it more than the day I started.  As you all know, it can be stressful, and there are days when I don’t think I can take on one more thing … and then here come two new major cases, a complaint to be drafted, a new set of interrogatories to answer and an article due for Carolina Paralegal News. And then one of the attorneys will need something copied. Yep – I’m still copying. 

And I am perfectly OK with that. I recommend saying “yes” with enthusiasm – yes to copying, to reading, to conferences and to learning. Know your limits and know when to say when, but dive in, explore, find your niche and discover all that this wonderful career has to offer.

Editor’s note: Erica McAdoo is a North Carolina paralegal and communications co-chair for the N.C. Advocates for Justice.

staff.cpn Features, NEWS & FEATURES career advice, Erica McAdoo, law firm, paralegal

By Lindsay Valek, Special to CPN

Last month I attended a continuing legal education course sponsored by the Association of Litigation Support Professionals. The seminar, entitled “Making the Most of Technology in Trial,” featured a panel of graphic designers, litigation support specialists, an attorney and a representative of the South Carolina Office of Disciplinary Counsel. Introducing myself, I discovered that nearly two-thirds of the attendees were in some form of litigation support.

That got me thinking: Could a paralegal’s perspective benefit a CLE?

South Carolina attorneys are required to complete 14 hours of approved CLE courses, two of which must be committed to legal ethics and professional responsibility. The CLE requirements were implemented in 1982 and are governed by the state Supreme Court’s Commission of Continuing Legal Education and Specialization, which is comprised of 12 members appointed by the high court and includes representatives from the judiciary and practicing attorneys from the four judicial regions.

While many states recommend legal education for legal assistants and paralegals, few and far between require the completion of credit hours. South Carolina does not require that paralegals meet any CLE quota.

By contrast, the Legal Assistants Division of the State Bar of Texas requires that paralegals obtain six hours of continuing legal education each year to maintain their voting rights and active membership within the organization. California, Indiana and Oklahoma also require their paralegals to obtain some CLE credit.

The practice of law is constantly evolving. Societal changes impact not only the laws that govern us, but the very process by which attorneys conduct business. Electronic discovery, encrypted metadata, iPhones and social networking are just a few examples of how the legal field has been touched by societal evolution. CLE courses keep attorneys and their support staff educated on the latest issues that affect their practices.

Ask any paralegal and chances are likely that his or her job responsibilities already include tracking and managing their attorneys’ CLE requirements. But just below the surface – right underneath their attorneys’ noses – lays a smorgasbord of knowledge that is quietly waiting to be unearthed. 

It is the paralegal that is called upon to design PowerPoint presentations for hearings and arbitrations. 

It is the paralegal who structures document databases or, in many firms, hard copy files containing hundreds of thousands of pieces of evidence.

A tech-savvy paralegal splices video deposition transcripts and embeds them into trial presentation software.

It is the paralegal who often lays the first eyes on the documents that will become the backbone of a case.

Paralegals navigate the courthouses, getting to know not only the docketing clerk who will let them make an emergency copy, but also the technology (or lack thereof) available.

So why aren’t paralegals teaching CLEs?

Robert Dodson, a local Columbia attorney, has been in practice 12 years and specializes in civil litigation. He said that attorneys often discount their paralegals’ ideas and perspectives.

“Lawyers are bad at managing people. That stems from the fact that we don’t get any training or education [in that area],” Dodson said. “I would love to know what a paralegal’s perspective is when getting ready for a trial or hearing or interacting with clients and potential clients. Those are probably two of the most stressful parts of my paralegals’ jobs and hearing what they say on that would be interesting.”

Without sugarcoating the subject, paralegals aren’t teaching and participating in the instruction of CLEs for a host of reasons that, in reality, lack sufficient standing.

Either those coordinating CLE programs don’t think attorneys would respond to a paralegal’s perspective or paralegals themselves aren’t showcasing how tremendously valuable their skills, insights and roles within the legal arena really are. Perhaps it is a combination of both.

In April, I wrote to the S.C. Bar’s CLE Division requesting permission to develop a CLE program taught by paralegals on trial preparation and technology use at trial. My inquiry was bolstered by a letter of support from an attorney who had held the role of opposing counsel in a trial that I had attended.

“Ms. Valek demonstrates a strong understanding of trial preparation and the use of technology in the courtroom,” he wrote. “Most often, attorneys do delegate this responsibility to paralegals and consequently they are in the best position to provide education concerning these matters. I wholeheartedly recommend that you approve Ms. Valek’s proposed CLE seminar.”

Despite follow-up letters and telephone inquires – which inevitably led directly to voicemail – I have heard nothing from the CLE Division.

It goes without saying, then, that the paralegal’s perspective is undervalued by attorneys, CLE coordinators and in many cases, paralegals themselves. 

I encourage all paralegals to showcase their talents, if not to a conference room, then to your fellow staff members. Create opportunities to educate your colleagues and bosses on those skills that you perform best.

Perhaps eventually the CLE seminar circuit will catch up to how amazing we really are. 

Editor’s note: Lindsay Valek is a paralegal and writer based in Columbia, S.C.

lindsay.valek Features, NEWS & FEATURES CLE, lindsay valek, paralegal, South Carolina Bar

By Darryl Hammill, Special to CPN

In 2008, I began a journey. It started by a simple conversation with one of my wife’s beauty shop clients, a North Carolina attorney named Amy Nutall.

Amy went to law school later in life, passed the bar exam and now works as a family law attorney in Raleigh. It was a career path that I had once dreamed of.   

Even though I had put all of the pieces in place to prepare for the LSAT and began looking at law schools, a lack of time and money caused me not to proceed. I thought that my wish of becoming involved in the legal community had reached a dead end.

Amy suggested that if I had such a strong desire to work in the legal profession, perhaps I should consider becoming a paralegal. I had never thought about that before and began researching what it meant to be a paralegal. 

Through my research, I discovered Meredith College’s post-baccalaureate paralegal program. Time was running short to register, but fortunately I crossed paths with Marisa Campbell, the program’s director. Since I was able to get my paperwork into her quickly, she admitted me. This simple act of kindness set me on a path that has taken my professional career in directions I would never have imagined.

Through the Raleigh-Wake Paralegal Association’s mentoring program, I had the good luck of meeting Julianne Fink, assistant director of Sections and the Paralegal Division with the N.C. Bar Association. She offered to work with me to make needed adjustments to my résumé. She also offered excellent recommendations about my professional paralegal portfolio.

I always assumed that I would follow a very traditional path upon graduation – working in a law firm, probably in civil litigation. But Sarah Kaufman, an instructor at Meredith and paralegal with Ellis & Winters, helped me see my options in a different light.

Sarah organizes meetings so Meredith’s paralegal students can meet with graduates and receive real-world experience directly from practicing paralegals. One of the speakers in 2008 was Grace Carter, a crop genetics research strategic planner with Syngenta. She had many years of paralegal experience, but after taking the traditional route in her career, she switched gears and went to work for a corporation. I vividly recall how pivotal that evening was in teaching me that there were career options beyond the typical law firm job.

In May 2009, I began my paralegal career at Emanuel & Dunn in Raleigh. I received great advice and guidance from the departing paralegal, Karen Winer, who showed me the ropes of the job.

Emanuel & Dunn is primarily a civil litigation firm practicing in the local, state and federal courts. I supported three attorneys, including Stephen Dunn. Stephen gave me the chance to be a part of the legal community the way I had always wanted. Even though I didn’t become an attorney, I had nonetheless reached my destination. But I didn’t know that an adventure was in store for me.

Earlier this year, I was approached by a national recruiter about a position with a company headquartered in Rocky Mount, N.C. They needed a contract administrator, and the recruiter felt that I might be a perfect fit.

The position required someone who could handle multiple projects and assignments concurrently, be highly motivated, work well independently and in a team environment, have knowledge regarding contract law and contract administration, excellent communication skills and be tech-savvy.

As the interviewing process began, I recalled Grace Carter speaking about how her paralegal experience opened doors for her at Syngenta. I came to realize that the basic editing to my résumé and paralegal portfolio by Julianne Fink helped me catch the attention of a recruiter. Most importantly, I recognized that the training, education and experience I gained at Meredith was benefiting me in an unexpected way.

In August, I became the contract administrator for Engine Systems Inc., a division of Kirby Corporation.

If anyone told me in 2007 that I would go back to school to become a paralegal, I probably would have thought they were talking about someone else. If anyone told me in 2009 that I would be commuting to Rocky Mount from my home in Raleigh, I probably would have asked, “Are you sure you have the right guy?”

But what started as a journey down a traditional path for a paralegal brought me to an unexpected crossroads. Making the decision of which way to go was made so much easier because of all the wonderful people I mentioned in this article.

If I can offer any advice to someone either entering or graduating from a paralegal program, I would paraphrase the poet Robert Frost and tell them not to be afraid to take the road less traveled. Because just as the Frost quote suggests, “… that has made all the difference.”

dmc-admin Features, NEWS & FEATURES meredith college paralegal program, paralegal, thank you

Karen McGee is the president of the National Association of Legal Assistants. She is also the first deputy clerk with the 2nd Circuit Court of Appeal in Shreveport, La.  A frequent speaker on paralegal procedures, McGee also is a member of the Northwest Louisiana Paralegal Association, the Louisiana State Paralegal Association and the National Conference of Appellate Court Clerks. She received her certified paralegal credential from NALA in May 1990 and her advanced credential in civil litigation in May 1994. In 1996, McGee was named Louisiana’s Outstanding Paralegal of the Year.

Here, McGee tells Carolina Paralegal News why mandatory certification carries both risks and benefits for paralegals.

 

CPN: How long have you been a paralegal?

McGee: I first began doing paralegal work in 1987 and attained my certified paralegal credential in 1990.

 

CPN: What drew you into the career?

McGee: I was approaching my 29th birthday and the nonprofit agency that I worked for was about to lose its funding. I was at a crossroads and had to decide what I wanted to do “when I grew up.” I needed a career.

I happened to read an article about the paralegal profession and since I’d always been interested in the law, it seemed like the perfect career choice for me. I was right! Working as a paralegal has allowed me to be part of a profession that serves others and my professional association work has allowed me to give back to a profession that has given me so much.

 

CPN: What are the challenges of being president of the National Association of Legal Assistants? 

McGee: So far, the biggest challenge has been balancing the demands of the association with the demands of my regular job. I work a lot of nights and weekends. However, I am so fortunate to have the type of job that allows me to be available during most days, and my employer has been very supportive of my involvement in NALA. I love being able to talk to paralegals all over the country about the issues that are important to them. 

 

CPN: When you talk with other paralegals, what are the main concerns or issues they face on a daily basis?

McGee: No matter what they do – whether they work in small or large firms, a corporate environment, doing plaintiff’s work or defense – most paralegals just want to know what they can do to be the best at their jobs. Successful paralegals, as a “species,” are detail-oriented individuals, who can be quite competitive and usually are driven to perfection. They are constantly seeking new tools and techniques to help them excel at what they do and to improve the service rendered to their clients. They have found those professional development tools in NALA’s certification and CLE programs, as well as the leadership training and volunteer opportunities offered by NALA. 

 

CPN: Are there issues that paralegals face in one part of the country, but not others? What are they?

McGee: Well, obviously the economic downturn has impacted some areas of the country harder than other areas and that may have resulted in lost employment opportunities in those areas. We also know there are some areas that are so remote it is difficult for paralegals to develop a network of support. These two problems are somewhat related, in that the result is that there are paralegals who feel disconnected.

The best way to reconnect is through the networking tools offered through NALA’s website and its annual convention, or by retraining through NALA’s online educational programs. Online education serves anyone with access to a computer, and the networking opportunities through NALA’s Conference Center connect NALA members, making them aware of career opportunities across the country.

 

CPN: In your opinion, should certification be a mandatory requirement for paralegals? Why or why not?

McGee: I believe whether a paralegal seeks certification should be a matter of personal choice. Over the last three decades, this profession has seen great growth, and this growth will be sustained as long as there continue to be plenty of opportunities for us to apply our paralegal skills in a variety of ways.

A mandatory certification is more precisely a licensing scheme. This defines for the employers who they can and cannot hire for a job, increases the cost of hiring a paralegal and puts governmentally imposed limits on the work paralegals may be able to do. It is very possible much of what we can do now would be limited. I don’t see a lot of positive benefits in government regulation of paralegals.

To me, the key is working in an environment that provides for ultimate supervision by an attorney. If that is achieved, we will always find paralegals working in many different positions, both traditional and nontraditional. Those who want to go that extra step in order to show commitment to the profession and stand out from the crowd will continue to see NALA’s voluntary certification as the best means to accomplish those goals.

 

CPN: If you could name one thing that would most benefit the paralegal profession, what would it be?

McGee: My wish is that all attorneys were trained to fully appreciate the very real benefits of employing paralegals, understand how best to utilize the unique skills paralegals bring to the job and the benefits of supporting them in their professional development.

  

CPN: If you could snap your fingers and create the perfect CLE, what would it be and why?

McGee: No need – it’s already been done! NALA has created a wonderful combination of CLE options designed to meet the many learning styles and needs of paralegals. You can learn in a classroom setting where the education builds from one day to the next. You can learn through a traditional book or in one of 90 interactive online courses, or through a NALA Campus course on a Saturday morning in your slippers. It doesn’t get any better than that!

 

CPN: What do you wish you knew when you were getting started in the profession that you know now?

McGee: I was lucky that there was a local paralegal association in which I could network and meet like-minded professionals who mentored me as I was learning the job. I only wish I had discovered them sooner. 

 

CPN: What is the best thing about your job?

McGee: I have the pleasure of working in a challenging job where I am surrounded by professionals and have the opportunity to learn something new every day. I couldn’t ask for anything more. 

 

CPN: And what part of your job could you do without?

McGee: I could do without attorneys who wait until the last minute to make their filings, and then it’s an emergency! 

 

CPN: What one thing, either personally or professionally, are you most proud of?

McGee: While I am incredibly proud of my professional accomplishments, I would have to say I am most proud of my two daughters. They are wonderful, talented young women who make such a difference in the lives of those they touch. They constantly inspire me.

Diana Smith, Staff Writer Features, NEWS & FEATURES mandatory or voluntary certification, National Association of Legal Assistants, Q&A