Rules for New Litigation Paralegals

I joined a Facebook group for paralegals recently and there are a lot of discussions on there about what makes a paralegal effective at his/her job. After 35 years in the profession, obviously I have a lot of thoughts about that. I've worked as a Litigation Paralegal for big firms, medium-sized firms, sole practitioners, and corporate legal departments. Although 90% of my experience is on the defense side I also know about the plaintiff's side, too, and they aren't that different.

Just FYI -- even if you aren't a paralegal, some of this will apply to you if you work in an office.

For those of you not familiar with the paralegal profession, here's a definition of a Litigation Paralegal: our job is to assist the attorney in preparing cases for trial. That involves many different tasks, such as: locating and interviewing witnesses, calendaring case deadlines, sending out discovery to the opposing side, answering their discovery to your side, sending out requests for medical records, filing pleadings in court, locating experts and preparing records to send to them, scanning in records for the file, scheduling depositions and mediations, indexing depositions, preparing chronologies of medical treatment, organizing files, and basic research**. [These are not ALL the tasks I've done, just the ones I've done most often.]

If you are a "baby paralegal" and just out of school, these are some crucial rules. Some of them are obvious, not all. In 35 years I have violated some of these rules and instantly regretted it. I hate for anyone else to learn lessons the hard way.

1. Communicate Clearly -- About 90% of all problems can be traced back to poor communication. It often starts with this accusation: "I told you..." NEVER assume you know what you're being asked to do. If it isn't crystal clear, ASK. The attorney shouldn't get angry if you ask questions, but if they do, start looking for another job.
2. Document everything -- Every assignment you get, write it down. I keep a running list on my computer of every singe task I'm asked to do, big or small. EVen if your attorney gives you a verbal instruction, you write it down. When you've done it, make a note that it's done. Computers crash. Paper goes missing. You need to have a paper trail to cover yourself.
3. Proofread carefully -- If you aren't good at writing, get good at it. Know basic grammar and punctuation rules. Spell check everything. If you're unsure of your writing skills, ask someone else to proofread your work, even if it's just an enclosure letter. Remember that if your work product looks sloppy or has mistakes that reflects badly on not just you, but on your attorney too.
4. Chart everything -- Learn how to make charts in Word, Google drive, whatever word processing program you work in. I've been hired and had to try to go back and tediously figure out if we ever got all the medical records and it can be a nightmare. If you put the name, address, and phone number of every medical provider on a chart and keep dated notes, it saves a ton of time in the long run. Example: "9/12/20 called and they never got the RPD, faxed it to them at xxx-xxx-xxxx and was told they would send out records within 3 days." You can also chart Contacts, Witnesses, Deposition exhibits, etc. Charts make life easier for everyone.
5. Details matter -- Need I really say this? Being meticulous is critical to your success as a paralegal. The attorneys are tasked with thinking about the Big Picture. Your job is to pay attention to the details. I once found a set of pharmacy records which had been sent to an attorney and he had taken that information and sent out records requests based on the medical providers listed on those records. Problem was that they were not for the plaintiff, they were for someone with a similar name. Lesson: When you get in records of any kind, double-check that it is the right person!
6. Calendar everything. Obviously you need to calendar when the Answer is due, when discovery responses are due, any statutory deadlines. Also calendar more mundane stuff though. Did the doctor's office call you back? Did the witness call or email you back? Did the client send you what they said they would? If not, follow up!
7. Keep Notes on Where to Find Stuff -- somewhere on your computer or in a notebook somewhere keep your own notes about where to find information and/or documents. For instance, what is the address of the Georgia State Patrol office where you send FOIA requests? What is the name and direct telephone number of the judge's law clerk? What is the client's cell number? Being a paralegal is about accumulating information and this sort of information will save a lot of time and effort in the long run, IF you keep notes.
8. It's All Your Job -- If you're getting paid, it's your job. Never use the phrase "that's not my job" unless you're asked to do something immoral, unethical, or physically impossible. Even then, try to be diplomatic. Here are some of the things I've been asked to do in the last 35 years, and I never said "that's not my job": made copies, picked up mail at the post office, straightened up the attorney's desk, walked to the courthouse to file pleadings, made coffee, cleaned up conference rooms, picked up dry cleaning, picked up a child from daycare, watched an attorney's toddler in the office, sewn on a button on a shirt, re-shelved books in the law library, taken work to an attorney home sick, picked up an attorney at the car dealership, taken lunch orders and then picked up the food, drove witnesses to court and picked them up later, made all the food for a baby shower, decorated the firm Christmas tree, bought an attorney's Christmas gift for his wife.
9. Use Good Manners -- I always address everyone I speak to as Mr./Miss/Ms/Mrs. unless I know them personally and we are friends. Always be calm and courteous, no matter who you are speaking with. Sometimes clients can be hysterical but part of your job is to not let their behavior throw you. Good manners are critical.
10. Do Not Suffer Abuse -- Attorneys are human. Some are lovely and wonderful. Some are assholes. If you get hired by an asshole, polish up your resume and start looking for another job. Too often paralegals will take abuse for years, and that's not right. DO NOT let them scream at you, sexually harass you, or say rude things about you or to you.

For Millennials

If you are a millennial, these are some tips you really really need to take to heart.

• At least 90% of the time you will likely be working for people older than you are. They will not want to see you on your phone all the time. In fact, put it away and don't look at it except at lunch or on a break. You aren't paid to look at Instagram or text your friends.
• Don't wear anything super short or show your bare midriff. Most firms have rules on how to dress. Pay attention to those rules.
• If you have face piercings, take them out before you interview -- if you get hired you may be able to wear them but you will need to ask about that. No piercing is more important that a paycheck.
• Ditto for tattoos -- cover them up until you understand what's okay.
• Do not stand around and chat during work hours. Work.
• Do not say things like "Wow, I got so wasted last night!" at least not where an attorney can hear you. They don't care. They expect you to work.
• Show up on time.
• Do not try to socialize with the attorneys and do NOT date them.
• If it's your first job, find someone who has been there a long time and let them mentor you, if possible.
• Smile at your boss.
• Be helpful and cheerful.

 

**A word about legal research. I went to The National Center for Paralegal Training in spring 1985 and we had one afternoon of instruction on legal research, then we were tasked with writing a brief. It was ridiculous. I had never read case law or a brief and had no idea what I was doing. The paralegal programs today which usually offer much better instruction and really help students learn research skills. I am not sure how valuable that is, though. I've never been asked to research anything except perhaps court rules. Sometimes I've sheperdized briefs. Young attorneys and law clerks almost always write all the briefs, not paralegals. If an attorney asks you to draft a brief or a legal memo, try not to do it, unless you have been to law school and graduated. (Still don't say "that's not my job" - say "I'm really uncomfortable with legal research" or something similar, unless you feel really really comfortable but even then ask that your work be carefully checked.) Unauthorized Practice of Law is a very serious charge and you don't want any part of that.