Paralegal managers

Paralegal managers in some of the nation’s largest law firms hail from an array of backgrounds, but have one thing in common: years of experience working in a law office. Knowing how the law office is structured is an invaluable tool when managing paralegals in any firm.

Many paralegal managers start in entry-level positions, such as Joanne Chandonait, paralegal manager for Mintz Levin Cohn Ferris Glovsky and Popeo, a firm with 450 attorneys in six cities nationwide and one office abroad. Chandonait, who works in the Washington, D.C., office, has a bachelor’s degree in political science from Plymouth State University and a paralegal certificate from Northeastern University. She started as a legal secretary for a solo attorney in 1993. “I did a lot of secretarial work, but I also got to do some paralegal work,” she said.

After working for nearly two years for her solo attorney, Chandonait transferred to Broderick and Dean, a small firm in New Hampshire, and began working as a paralegal. “It was an interesting place to work. I got exposure to a lot of different things. The last year I was there, I worked on eight trials. It was a great learning experience.”

Chandonait then started working for a mid-sized firm before a former colleague told her about a paralegal manager opportunity at Mintz Levin in October 2000. “The opportunity [as paralegal manager] really piqued my interest,” she said.

Not all paralegal managers start out as legal assistants. Barbara Lundholm, director of legal assistant administration at Vinson and Elkins, a firm with 863 attorneys in offices worldwide, has almost always held an administrative or management position during her almost 30 years in the legal industry.

Lundholm, who works out of Vinson and Elkins’ New York City office, worked in three firms holding various positions such as managing clerk, legal department administrator, paralegal coordinator and director of legal assistant administration. After 17 years as a legal administrator, Lundholm became a legal assistant for Vinson and Elkins in 2002.

“Some people would think I had taken a step back. I came to Vinson with a partner. We worked together for 25 years,” she said. “The first year I was here, I was doing real legal assistant work. I was working on cases and helping to develop the team. I put together policies and procedures and hired two legal assistants. After a year, the position of director opened up and I was asked to take over.” Lundholm accepted the position as director in the spring of 2003.

Brad Baber, legal assistant manager at Troutman Sanders, a 500 plus-attorney firm, was representing actors and actresses as a talent agent in North and South Carolina before switching careers to become a paralegal in 1986.

Baber completed an American Bar Association-approved paralegal certification program and started as a paralegal for Nelson, Mullins, Riley and Scarborough in Columbia, S.C. Baber moved up the firm’s tier system and eventually took on the position of legal assistant recruiting and training coordinator.

In the fall of 2001, he accepted a legal assistant manager position in Troutman Sanders’ Atlanta office. “I am responsible for more than 90 people, which includes mostly paralegals, a few project assistants, a few specialists and the litigation technology department,” he said.

Annette Schlaf, legal assistant manager at Baker Botts, a 677-attorney firm based in Houston, also started in a professional field unrelated to the legal industry. She worked for eight years teaching hearing-impaired students before starting as a paralegal at Baker Botts in 1985.

After a brief stint in law school in 1987, Schlaf returned to Baker Botts after realizing law school was not something she enjoyed. Instead, Schlaf moved up the ranks at Baker Botts from senior legal assistant to assistant manager of legal assistants to her current position as manager of legal assistants.

“I consider myself fortunate to have been associated with Baker Botts for so many years,” she said. “I have human resources responsibility for all nonlawyer timekeepers, a group that includes professionals such as patent agents, certified public accountants and Ph.Ds, in addition to the legal assistant program.”

Essential Skills of a Paralegal Manager

Becoming a successful paralegal manager at a large firm takes more than just simply time and experience. The job requires a certain set of skills and qualities.

Experts agree the most important qualities in a good manager include good leadership skills, superior organizational abilities, interpersonal skills, communication skills, good judgment and the ability to work well under pressure.

“Being a manager, your time is not your own,” Lundholm said. “Everyone is demanding your time. Being flexible and knowing how to prioritize is important. Experience helps you figure out what really needs to be done today, and if it does need to be done today, something might be able to be delegated. Knowing when and how to delegate is essential.”

Being able to recognize what can be delegated to others is a key quality for paralegal managers to possess. Part of being able to delegate is being organized, being able to see what needs to be done and how to manage those duties.

“You have to have excellent organizational skills because there is a lot that managers handle on a day-to-day basis. A lot of the time we are reactionary,” Chandonait said. “Being able to stay organized and focused helps you through emergencies.”

Another essential part of being able to work with others is having strong interpersonal skills. As a paralegal manager, you should give feedback to those you manage. If it’s praise, point out exactly what they have done to deserve praise. If it’s something that needs to be corrected, give feedback quickly, not six months later in a review.

Communication skills are key, Baber said. “I am working with attorneys who are among the most professionally aggressive and articulate individuals. You need strong communication skills to [both] communicate and be persuasive at that level,” he said.

According to Schlaf, “one of the most difficult yet rewarding parts of the job has to do with managing the ebb and flow of client work. By that, I mean, having the staff available to handle the work when demand is high and also able to keep everyone busy when demand lessens. A key component to achieving this balance is having a staff that is willing to step up when the demand is high and also willing to be flexible with work assignments.”

Additionally, being able to work as a team and knowing the resources available within and outside of the firm helps keep a law office running smoothly. “I personally enjoy working collaboratively with other people,” Lundholm said

How To Interview Clients II

By Ellsworth T. “Derry” Rundlett III

What to Tell the Client

After you have received answers to some or all of the questions, your attorney will have a pretty good idea as to whether or not the case is worth exploring. If your attorney believes it’s likely your firm will accept the case, set up an appointment and instruct the client on what to do before coming to the office. The following list includes instructions your attorney might ask you to give to the client.

See a doctor. If the client has not yet seen a doctor or visited a medical facility, tell him or her to do so immediately if he or she is in pain or having physical difficulties. It’s appropriate to recommend the client to a specific facility, but I don’t recommend referring him or her to a specific physician at this stage.

Don’t work with pain. Tell the client that if working causes difficulties, substantial discomfort or pain, the client should inquire of his or her doctor about staying out of work temporarily. If the client has been told by the doctor that the decision to work is up to the client, instruct the client that he or she should not be working if his or her employment causes pain or substantial discomfort.

Obtain pictures. Instruct the client to obtain pictures of the subject automobile, place of injury if it’s a premises liability case or item that caused the injury if it’s a product liability case.

Obtain a damage appraisal. If the client’s automobile has been damaged, tell the client to have the damage appraised as soon as possible after all the photos have been taken.

Obtain witness contact in­formation. Tell the client to bring in the names, address­es and telephone numbers of any witnesses to the incident. The importance of this information must be emphasized to the client.

Don’t discuss the case with witnesses. With respect to witnesses, instruct the client not to discuss the case other than to obtain names, addresses and telephone numbers.

Don’t discuss the case in detail. Instruct the client not to discuss the case in detail with anyone and not to give statements to anyone from an insurance company.

Obtain insurance contact information. If the client has been contacted by an insurance company, it’s imperative that he or she obtain the name of the adjuster and the telephone number. Instruct the client to inform the adjuster he or she will be consulting with an attorney and that the attorney will be in touch with the insurance adjuster.

Bring documentation. Instruct the client to bring in any documents relating to his or her case such as medical bills, doctor’s instructions, prescriptions and accident reports filed with the Secretary of State.

Obtain a police report. If the client is able, have him or her obtain the police report before coming to the office.

Don’t delay the first meeting. Tell the client that the first appointment is extremely important and that it should not be postponed unless the circumstances absolutely require it.

Ask questions. Tell the client that time is of the essence and if it’s necessary to answer any questions in the meantime, your firm will be available.

Concern yourself with your recovery. Tell the client his or her primary duty at this time is to be comfortable and to pursue recovery of his or her injuries — the legal details are for your firm to worry about and his or her physical recovery is of the utmost importance.

Creating a Bond

Because you have invested time asking questions and the potential client has invested time answering them, there already is a line of communication — a bond, if you will — between the legal team and the client. This bond will lead the potential client into a sense of commitment and he or she will be unlikely to call another firm.

How To Interview Clients (I)

by Ellsworth T. “Derry” Rundlett III

Your first contact from the client likely will be by telephone. If you are fortunate enough to have the client call soon after the incident, your firm will have the opportunity to orchestrate and control the case from the very beginning. This aspect is crucial to any small personal injury case because it gives your firm a tremendous advantage in maximizing the damages. As a paralegal, you can help your legal team avoid common pitfalls that occur during a personal injury case, many of which are caused by the client’s own conduct or failure to act.

When your firm receives the first telephone call, the object is to put the client at ease and elicit confidence in the attorney and the firm. This easily can be done if you follow the simple format outlined in this article. Assure the potential plaintiff that his or her call will be returned as soon as possible, even if it’s after hours. Once the client is reached, the following information should be elicited.

Questions to Ask a Potential Client

If your legal team asks a series of questions at the outset, the prospective client will know your firm has a grasp of personal injury law and, more importantly, that the attorney is interested in the case. The following is a list of potential questions your attorney might ask in the first telephone conference. The questions don’t have to be answered in detail but after learning the answers, your attorney will have some idea as to the basic value of the case and will have at least an initial assessment of the potential client.

1. What was the date of incident? If the incident happened recently, your firm will be able to control the case from this point forth. If the incident happened quite some time ago or if the statute of limitations is approaching, be aware that the client might already have compromised his own case.

2. How did the incident happen? This is extremely important in determining the liability question. If the client fell down his own set of stairs or drove his automobile off the road into a tree, your attorney might not want to waste more time discussing the case. If the client is vague or evasive as to how the incident happened, you can be sure that the rest of the case might be quite difficult.

3. Where did the incident occur? This question is important because it determines the appropriate venue if the case proceeds to suit. If the incident happened in your county or locality, then the convenience of trying the case will make a difference.

4. What injuries occurred? And how adept is the client in explaining the nature of these injuries?

5. What are the present physical complaints? This element also goes to the potential damage question. It would be premature to make a final assessment with this question, but if the injuries took place and have resolved with little difficulty, the potential value of the case can be assessed at this point.

6. Were there any witnesses? This element will help your attorney take control of an important liability factor. If the incident is serious and there are witnesses to the incident, they should be approached as soon as possible.

7. What medical facilities or physicians treated the client? If the potential client has not yet seen a doctor or visited a medical facility, serious doubt will be shed on the damage issue unless the accident just happened. The names of the facilities and physicians also will assist in the initial determination of damages. Has the client seen an orthopedic surgeon or a chiropractor? Did the client go to a walk-in medical clinic or a hospital? Were X-rays taken or did the doctor make a diagnosis based upon just history and examination?

8. Does the client have insurance? If the client has no insurance, your attorney immediately should realize the necessity of clear liability and a defendant with insurance or assets. If the client has plenty of insurance, this also will determine, to some extent, the client’s character and stature in the community.

9. Has the client had contact with any insurance companies? If the incident happened quite some time ago and there has been no contact with the client’s own carrier, you should question why. If the carriers have been contacted, then you don’t have the problem of notice.

10. Where is the item that caused the injuries? If an automobile, product or faulty stair has caused the injuries, pictures should be taken as soon as possible before repair. If it’s a products liability case, then the item should be preserved immediately.

11. Have any pictures been taken? If pictures have not been taken, instruct the client to do so immediately. If they have been taken, they should be brought to the initial interview for assessment. If it’s an automobile case, the extent of damage to the vehicle will give excellent insight into the liability and damage criteria.

12. Has the client contacted any other attorneys? If the potential client is shopping around, beware. Either the other firms are not interested or the potential client is looking for the answers he or she wants to hear.

13. How did the client obtain your firm’s name? If the case has been referred by a respected client, you will have some idea as to the confidence your potential client has in your firm. The source of referral also will give you some insight into the sincerity of the potential client.

14. Has the client had contact with an insurance adjuster? If the client already has been contacted by an insurance adjuster, a substantial amount of time and effort can be saved in making the first contact to the insurance company. If the incident happened several weeks or longer before the phone call, you might have difficulty in making first contact with the insurance carrier.

Paralegals and Document Preparation

by Pete Lopez

If you live in one of the states which allow non-attorneys to work in document preparation, you have an exciting way in which you can put your paralegal knowledge to work. It is essential, however, for you to know in advance your particular state laws regarding this subject.

There are a number of positive aspects to working in document preparation. While you may have the option of either working for a document preparation service or having this as your own business, the latter has the potential to help you earn a very nice income, as well as being able to set your own schedule.

If you have a passion for the field you are working in and the job that you are doing, this is the most wonderful way to ensure that every day and every assignment is a new adventure. As each assignment that you contract will be different from the previous assignment, your enthusiasm and interest will continue to grow, and you will never need to be concerned that boredom will ever be a part of your work life.

Even in the states which do allow for document preparation to be done without a supervising attorney, there are a couple of very important facts which you must know and keep in mind. One point is that you can never misrepresent yourself as being an attorney if you actually are not one. This means that whether you work for a service or are in business for yourself, you must be honest with your clients regarding your status, as well as what functions you can and cannot perform.

Another important point is that if the law in your state allows you to do this type of work, you cannot solicite, offer, or provide these services outside of the jurisdiction. What this means is that you cannot take on clients who live in a location where this practice is deemed Unauthorized Practice of Law.

If you have a love of the legal field and also enjoy helping people on a one-to-one basis, working in document preparation can be a great option for you. In addition to the paralegal coursework which you have already taken, you can find resources on your own and even take classes to learn how to do this.

The two main factors in being able to do this type of work are having the knowledge of the necessary types of documents, and knowledge of procedure in your specific location. For example, if you are producing the documents for an uncontested divorce case, you will not only need to know what documents are required for such a case, but also the specific format for each one. Second, you must also know when, where, and by whom a document must be filed.

Although these days it is becoming more and more common for people to deal with their own documents, it is generally not in the best interest of an untrained, unqualified individual to attempt to produce his or her own legal documents from a template in a book or an online source. Many people do so simply because they cannot afford the high cost of consulting an attorney. You can provide these services at a much lower cost to them and a good income for yourself.

About the Author
As a paralegal, one of your important task if to do document preparation. Read on to know more.

Paralegal Practice Tips: Medical Records

by Lynne J. DeVenny

Well-qualified paralegals who are responsible for obtaining and reviewing medical records in workers’ compensation practices should:

■ Know the relevant state statutes, case law and/or state agency rules regarding obtaining and disclosure of medical records, as well as contact with medical providers.

■ Know how frequently contacted medical providers accept medical record requests.

■ Keep medical record release forms or authorizations for frequently contacted medical providers in a form file (paper or digital image).

■ Obtain an itemized billing statement from each medical provider to compare with the medical records and verify that no records are missing.

■ Have a working knowledge of basic medical abbreviations used by many medical providers.

■ Prepare a medical record summary for each client.

■ Know where to look up CPT and ICD-9 diagnosis and billing codes.

■ Contact medical providers regarding the injured worker’s unpaid medical expenses.

■ Prepare a medical expense summary when medical expenses have been paid by group health insurance, Medicare or Medicaid, or the injured worker.

■ Know if state statutes and/or state agency rules prohibit medical providers from dunning or pursuing collection actions against patients who have workers’ compensation claims pending.

■ Know if the state agency requires that an itemized statement of medical expenses be attached to any clincher or settlement agreement submitted for approval.

Addendum: Most of these practice tips apply to handling medical records in other types of civil injury cases as well. An itemized statement of medical expenses should be included in settlement packages for personal injury, wrongful death and medical malpractice claims, and may be attached to plaintiff’s responses to defendants’ discovery requests for the amount of medical damages and/or “specials”. A good habit to develop when managing injury cases is to prepare an initial itemization of medical expenses when the firm accepts the case for representation and then continue to update it until the patient reaches maximum medical improvement (“MMI”) or is discharged from ongoing care.

ABOUT THE AUTHOR
Lynne J. DeVenny, is a North Carolina State Bar Certified Paralegal at Elliot Pishko Morgan P.A. in Winston-Salem, NC. She has over twenty years of work experience in plaintiff’s litigation and specializes in workers’ compensation, serious personal injury and wrongful death cases. She is the co-author with attorney J. Griffin Morgan of Workers’ Compensation Practice for Paralegals (Carolina Academic Press 2008). Her detailed professional bio may be viewed at LinkedIn.

Online Paralegal Training or Traditional Paralegal Training?

by Kristin Kronstain

California paralegal schools allow you to blend your education between courses in law and courses in business. By taking classes in both of these subject areas, you will be able to develop a well-rounded paralegal career whether you choose to work in Sacramento, California or elsewhere in the country. When you are interested in pursuing further paralegal career training, you can choose between paralegal courses that are available in a classroom or online setting.

Is an online paralegal training or a traditional paralegal training better suited for your learning style? There are advantages and disadvantages to both types of paralegal training, so by doing a little reading, you can decide which learning style will help you get ready for your paralegal career best.

Similarities between traditional and online paralegal training

No matter which learning environment you choose for your paralegal school program, there are many skills that you will learn regardless. Your paralegal education will give you choices as to where you can work after you complete your paralegal degree. For example, as a graduate of a California paralegal school, you will be prepared to work in private law firms, government offices, insurance companies, hospitals, schools, or corporations. You will develop your ability to reason, understand, and apply principles of law to your every day work using analytical and critical analysis skills.

Paralegal classes also help you to understand the differences between substantive and procedural law, which is important to any paralegal career. Legal writing and analysis involved in civil litigations will also be part of your workday. Ethics is important to every paralegal training program, so you will learn how to use your own best judgment when working with the law. Finally, you will learn to work on your own and in groups, so as to produce your work effectively no matter what the situation.

Advantages to online paralegal training

The most frequent reason for choosing online paralegal courses is that you are strapped for time. An online paralegal education allows you to continue working at your current job in addition to taking paralegal courses in your spare time. With all of your lectures, discussions, homework, quizzes, exams, and reference materials available online, you can complete your paralegal education with minimal transportation expenses and time wasted. Online classes are also helpful when you are someone who is a bit more introverted. Online classes do not require you to participate in direct discussion with other people. This is also a benefit to an online paralegal education.

Online paralegal training is also advantageous when you prefer an unorthodox schedule. Some people prefer to work early in the morning. Some people prefer to work late at night. If you are someone who does prefer to complete your work when your brain is most attune to it, try online paralegal classes. You don't have to be attentive at a particular time every day, but when it is most convenient for you. People who learn best in an online format are usually good at time management. While this type of management skill is not essential to an online education, it certainly helps you.

Advantages to traditional paralegal training

For those students who prefer the face-to-face interaction with professors and other students, a traditional paralegal educational format may be better for you. Some people are simply better at staying focused when the person speaking is directly in front of them. So, while online paralegal courses may be more convenient, they may not best suit your learning preference. Also, online paralegal training requires some degree of comfort with technology. If you are not someone who uses computers and the Internet well, you may prefer to take paralegal classes in a traditional classroom setting.

If you are interested in spending the next two years delving into the complexities and the techniques for interpreting the law, a traditional paralegal training program may be better for you. You will be able to immerse yourself in a learning environment where you feel most comfortable and able to get the most out of your paralegal education.

It doesn't hurt to do a little research to help you make the best decision for your paralegal education. Some schools even offer a hybrid of the two types of paralegal training, offering part of the coursework online and part in a traditional classroom setting. Whichever type of paralegal school program you decide is best for you, make sure that the paralegal school you choose is ABA-approved and only provide you with instructors that are experienced paralegals themselves.

MTI College, located in Sacramento, California, offers paralegal training in both traditional paralegal courses and a hybrid of traditional and online paralegal courses. Whichever learning format suits you best, you can earn your paralegal degree and begin your paralegal career in two years or less at MTI College.

About the Author
Article By : Kristin Kronstain