Fall/Winter 2013 Who Grows Up to Be a Paralegal? The Story of Jamie Collins
Contents Letter from the Editor 4 How to Effciently Delegate to Your Assistant 6 KNOW Paralegal Internet Association Now Forming 9 The Magazine for KNOW Talkin’: Owning Mistakes, Hot Specialties and Other Topics of the Moment By Camille Steel 10 Paralegals When Your Client Does Not Speak English By Wendy Peese 14 14 Paralegal Knowledge Cruise to the Bahamas! 19 Who Grows Up to Be a Paralegal? The Story of Jamie Collins By Lottie Walthen 20 Why Can’t a CIO Be More LIke a CFO? By Debra Juhnke 28 By Lottie Walthen www.paralegalknowledge.com NEW COLUMN! The Future of Paralegals 35 35 [email protected] by Terese Cannon, Esq., Stacey Hunt and Nancy Heller or call: 760.610.5460 Compassionate Choices for the Final Hours By Tina Johnson 42 42 ©Estrin Education, Inc. 2013 All rights reserved 2 3
Contents Letter from the Editor 4 How to Effciently Delegate to Your Assistant 6 KNOW Paralegal Internet Association Now Forming 9 The Magazine for KNOW Talkin’: Owning Mistakes, Hot Specialties and Other Topics of the Moment By Camille Steel 10 Paralegals When Your Client Does Not Speak English By Wendy Peese 14 14 Paralegal Knowledge Cruise to the Bahamas! 19 Who Grows Up to Be a Paralegal? The Story of Jamie Collins By Lottie Walthen 20 Why Can’t a CIO Be More LIke a CFO? By Debra Juhnke 28 By Lottie Walthen www.paralegalknowledge.com NEW COLUMN! The Future of Paralegals 35 35 [email protected] by Terese Cannon, Esq., Stacey Hunt and Nancy Heller or call: 760.610.5460 Compassionate Choices for the Final Hours By Tina Johnson 42 42 ©Estrin Education, Inc. 2013 All rights reserved 2 3
Letter from the Editor-in-Chief I’m beginning to believe that the paralegal feld hosts more changes in the legal feld than any other position. Why? Good question. First of all, all year I’ve heard opposite ends of the spectrum: the paralegal feld is expected to increase by 18% by 2020 (or thereabouts) according to the Bureau of Labor Statistics. Apparently, this is not a stunning fgure, it’s average. that information is old - pre-recession old. On the other end of the spec- And, trum are the doom and gloom soothsayers saying it’s all over for paralegals: as- sociates are taking on paralegal work; frms have cut down, the paralegal work is going away. Actually, the truth is somewhere in the middle. In our brand new column this issue, Teri Cannon, Stacey Hunt and Nancy Heller introduce The Future of Paralegals, a column guaranteed to open your eyes that to stay in this feld, you’re going to have to constantly acquire new skills. The work isn’t going away, the writers predict. It just looks differently. Paralegals who stand out in the feld are fnally getting recognition. Our story on Jamie Collins demonstrates how perseverance, determination and fo- cus can turn you into a leader among paralegals - quite a feat in a feld that recognizes leaders regionally rather than nationally. Have you prepared your will? No? Tina Johnson writes a strong and hard- hitting piece on what will happen if you don’t and how to turn around and face the grim reaper. Not something I wanted to do - until I read her article, that is. And now, for a bit of fun! Paralegal Knowledge Institute is hosting its frst annual KNOWLEDGE CRUISE to the Bahamas! Earn up to 12 CLEs free. Join paralegals from all over the country for 3 days and 4 nights of food, swimming, KNOW Now! island shopping, spas, rock climbing, golf, dancing and more! It’s going to be a time to remember - don’t miss it! Subscribe today to KNOW This issue has little fuff and pulls no punches. Each article is guaranteed to give you at least one golden gem of information. Read, enjoy and let us know. We aim to please over here. The Magazine for Paralegals Happy reading! Get 2013 prices now! Only $19 for a full year! Goes up in January! Chere Estrin Editor-in-Chief www.paralegalknowledge.com [email protected] 4 5
Letter from the Editor-in-Chief I’m beginning to believe that the paralegal feld hosts more changes in the legal feld than any other position. Why? Good question. First of all, all year I’ve heard opposite ends of the spectrum: the paralegal feld is expected to increase by 18% by 2020 (or thereabouts) according to the Bureau of Labor Statistics. Apparently, this is not a stunning fgure, it’s average. that information is old - pre-recession old. On the other end of the spec- And, trum are the doom and gloom soothsayers saying it’s all over for paralegals: as- sociates are taking on paralegal work; frms have cut down, the paralegal work is going away. Actually, the truth is somewhere in the middle. In our brand new column this issue, Teri Cannon, Stacey Hunt and Nancy Heller introduce The Future of Paralegals, a column guaranteed to open your eyes that to stay in this feld, you’re going to have to constantly acquire new skills. The work isn’t going away, the writers predict. It just looks differently. Paralegals who stand out in the feld are fnally getting recognition. Our story on Jamie Collins demonstrates how perseverance, determination and fo- cus can turn you into a leader among paralegals - quite a feat in a feld that recognizes leaders regionally rather than nationally. Have you prepared your will? No? Tina Johnson writes a strong and hard- hitting piece on what will happen if you don’t and how to turn around and face the grim reaper. Not something I wanted to do - until I read her article, that is. And now, for a bit of fun! Paralegal Knowledge Institute is hosting its frst annual KNOWLEDGE CRUISE to the Bahamas! Earn up to 12 CLEs free. Join paralegals from all over the country for 3 days and 4 nights of food, swimming, KNOW Now! island shopping, spas, rock climbing, golf, dancing and more! It’s going to be a time to remember - don’t miss it! Subscribe today to KNOW This issue has little fuff and pulls no punches. Each article is guaranteed to give you at least one golden gem of information. Read, enjoy and let us know. We aim to please over here. The Magazine for Paralegals Happy reading! Get 2013 prices now! Only $19 for a full year! Goes up in January! Chere Estrin Editor-in-Chief www.paralegalknowledge.com [email protected] 4 5
How To Efciently Delegate to Your AssistantHow To Efciently Delegate to Your Assistant Administrative professionals can be an enormous help around the ofce, but it’s important to identify how and what to delegate to your assistant so you can both be more pro- ductive and efcient. Too often bosses don’t delegate tasks because they think explaining the task will take longer than doing it themselves. However, when you invest the time to implement efcient delegation techniques with your assis- tant, you’ll ultimately save time in the long run (for both of you!). Here are a few quick tips to help you delegate more ef- ciently to your assistant: 1. Daily Checkpoint Meeting Start your day with a brief 5 to 10 minute checkpoint meet- ing so you can quickly review the top priorities for the day. This will also help your assistant batch questions together so they don’t have to interrupt you as many times throughout the day. 2. Implement Task Management Software It’s easy to forget what you have and have not delegated, so sharedtask management software can help keep you both on the same page. The key to implementing task man- agement software is ensuring that the solution you choose allows you to share tasks. If you’re having problems selecting one (there are many to choose from), just give us a call. “ Bosses don’t delegate because they think ex- plaining the tasks takes longer than doing it themselves.” 6 7
How To Efciently Delegate to Your Assistantow To Efciently Delegate to Your Assistant H Administrative professionals can be an enormous help around the ofce, but it’s important to identify how and what to delegate to your assistant so you can both be more pro- ductive and efcient. Too often bosses don’t delegate tasks because they think explaining the task will take longer than doing it themselves. However, when you invest the time to implement efcient delegation techniques with your assis- tant, you’ll ultimately save time in the long run (for both of you!). Here are a few quick tips to help you delegate more ef- ciently to your assistant: 1. Daily Checkpoint Meeting Start your day with a brief 5 to 10 minute checkpoint meet- ing so you can quickly review the top priorities for the day. This will also help your assistant batch questions together so they don’t have to interrupt you as many times throughout the day. 2. Implement Task Management Software It’s easy to forget what you have and have not delegated, so sharedtask management software can help keep you both on the same page. The key to implementing task man- agement software is ensuring that the solution you choose allows you to share tasks. If you’re having problems selecting one (there are many to choose from), just give us a call. “ Bosses don’t delegate because they think ex- plaining the tasks takes longer than doing it themselves.” 6 7
3. Share Email Access Paralegal Enlist your assistant’s help with responding to certain types of emails (scheduling, follow- up, etc.) by adding them as a “delegate” to specifc email folders. This will help cut down on Internet the number of times you have to forward emails to your assistant; instead, they can respond for you! Remember to clearly defne how and what types of emails you would like their help Association with. It will take some getting used to, but it’s worth it in the long run. 4. Establish Inbox Trays When you’re constantly on-the-go and returning from appointments with business cards, Now Forming! meeting notes, and marketing collateral, it’s important to create inbox trays that are clearly labeled to refect the follow-up tasks associated with the items in that tray. For example, New association launches you may want to create inbox trays for To File, To Scan, To Enter in CRM, or Receipts to Process depending on your specifc set of needs. [Do you have any tips for delegating tasks more efciently to your assistant? We’d love to HaveYOU wanted to see something new and excit- hear about them! [email protected]] ing hit the Paralegal feld? The Paralegal Internet Association is just that! About the Author Founder and President of Innovatively Organized, Elizabeth Bowman received her B.S. in Industrial and Sys- Formed with the purpose of bringing paralegals from all over the tems Engineering at Virginia Tech. She has experience in the globe together, the Paralegal Internet Association’s mission is to bring defense contracting and consulting industry, working with education and communication to paralegals. Join paralegals from government agencies and homeland security. Elizabeth is the U.S., UK, Scotland, Australia, Taiwan, Japan, Canada, Nigeria, Italy, an active member of the National Association of Profes- France and other countries. Find out how paralegals learn from each sional Organizers. She served as the NAPO Seattle Chapter President from May 2009 to April 2011, and currently re- other! Bring the feld together in a global community! mains on the Board of Directors. Elizabeth founded Innovatively Organized in 2006 to help We’re in the forming stages, so here’s your opportunity to get in on busy professionals stay successful. Coming from a fast- the ground foor. Become a charter or co-founding member of some- paced and stressful work environment, she understood the importance for professionals to thing that has never been tried before! decrease stress and avoid burnout. Join committees such as: Steering Committee, Membership, Benefts, Education, Newsletter, eMagazine, Strategic Alliances, Legal Services Provider Relations, Orga- nization and Structure and more. JOIN TODAY! www.paralegalinternet.com or [email protected] JOIN TODAY! BECOME A CHARTER MEMBER! 8 9
3. Share Email Access Paralegal Enlist your assistant’s help with responding to certain types of emails (scheduling, follow- up, etc.) by adding them as a “delegate” to specifc email folders. This will help cut down on Internet the number of times you have to forward emails to your assistant; instead, they can respond for you! Remember to clearly defne how and what types of emails you would like their help Association with. It will take some getting used to, but it’s worth it in the long run. 4. Establish Inbox Trays When you’re constantly on-the-go and returning from appointments with business cards, Now Forming! meeting notes, and marketing collateral, it’s important to create inbox trays that are clearly labeled to refect the follow-up tasks associated with the items in that tray. For example, New association launches you may want to create inbox trays for To File, To Scan, To Enter in CRM, or Receipts to Process depending on your specifc set of needs. [Do you have any tips for delegating tasks more efciently to your assistant? We’d love to HaveYOU wanted to see something new and excit- hear about them! [email protected]] ing hit the Paralegal feld? The Paralegal Internet Association is just that! About the Author Founder and President of Innovatively Organized, Elizabeth Bowman received her B.S. in Industrial and Sys- Formed with the purpose of bringing paralegals from all over the tems Engineering at Virginia Tech. She has experience in the globe together, the Paralegal Internet Association’s mission is to bring defense contracting and consulting industry, working with education and communication to paralegals. Join paralegals from government agencies and homeland security. Elizabeth is the U.S., UK, Scotland, Australia, Taiwan, Japan, Canada, Nigeria, Italy, an active member of the National Association of Profes- France and other countries. Find out how paralegals learn from each sional Organizers. She served as the NAPO Seattle Chapter President from May 2009 to April 2011, and currently re- other! Bring the feld together in a global community! mains on the Board of Directors. Elizabeth founded Innovatively Organized in 2006 to help We’re in the forming stages, so here’s your opportunity to get in on busy professionals stay successful. Coming from a fast- the ground foor. Become a charter or co-founding member of some- paced and stressful work environment, she understood the importance for professionals to thing that has never been tried before! decrease stress and avoid burnout. Join committees such as: Steering Committee, Membership, Benefts, Education, Newsletter, eMagazine, Strategic Alliances, Legal Services Provider Relations, Orga- nization and Structure and more. JOIN TODAY! www.paralegalinternet.com or [email protected] JOIN TODAY! BECOME A CHARTER MEMBER! 8 9
Know Talkin’ getting along with the partner in charge of the proj- According to the survey, the greatest salary dis- ect. Ofer to assist if the project is running into dif- parity showed up for those paralegals with 5-7 fculties. Being a team player is a skill that is valued years of experience. Those employed as corporate Owning Mistakes, by employers. (Thanks to Stephanie Gillespie at Blue paralegals earned an average of $82,000, signif- Cross Blue Shield of NC and Jennifer Watford at Young cantly more than their counterparts working in Moore Henderson for sharing their best tips.) law frms who averaged $40,567. Hot Specialties and Paralegal salaries and raises Not surprising, the highest salaries were paid at the frms who employed the most people. Sole Other Topics of the By Camille Stell A recent salary survey showed salaries rose slightly practitioners paid an average of $39,052 while frms with more than 100 attorneys paid an aver- in 2012 with an average salary increase of 2.4 percent. age of $85,533. Moment Law frm paralegals earned an average of $52,503 Anna Cates Williams, executive director of the Ra- and in-house paralegals earned $63,664. Government I ’ve had several interesting conversations with 2.5 – 3.3 percent. About 30 percent of salaries averaged $59,840. leigh ofce of Special Counsel, notes that the aver- age salary raises ofered in 2012 ranged between paralegals earned bonuses and the average bo- paralegals lately about a variety of topics. I wish we could nuses were in the $1,500 and $3,000 range. Wil- all gather around the water cooler for a discussion, but liams notes that while the Paralegal Today survey since that isn’t possible, I’ll update you here. showed higher salaries for in-house paralegals, that is not always the case in North Carolina. She corporate setting but the trade-of is often a bet- ter work-life balance. Lessons learned says that sometimes salaries are lower within a Williams identifes three practice areas as “red At a recent lunch with paralegal friends, we discussed various hot” for the Triangle – patent, healthcare and cor- lessons learned during our careers. We all agreed that when we porate compliance. Continued “hot” areas include learned how to take ownership of mistakes, our relationships IP, banking, regulatory, labor and employment with our attorneys improved. There seems to be a self-protection and commercial real estate. A practice area mov- gene that kicks in when a mistake is revealed that prompts us ing to “hot” is online gaming. Areas that are cool- to look for excuses. Owning our mistakes and being able to deal ing include litigation, fnancial services, bankrupt- directly with our attorneys about how to move forward to correct cy, and mergers and acquisitions. the problem typically ended better than the scenarios where we ofered a dozen excuses or shifted the blame. When looking towards the future, Williams notes that while there is a continued focus on increased Another lesson learned from years of working in law frms efciency and cost-efectiveness, salaries are on is to develop a thick skin. In a busy law ofce, attorneys don’t the rise. Employers continue to look for employ- have time to walk on eggshells. When we are overly sensitive to ees who can perform blended duties and that criticism or perceived slights, we end up with hurt feelings and competition for the best talent will increase. miscommunication. Many attorneys, particularly litigators, have aggressive personalities. Paralegals that succeed in these work environments are those who can separate personal slights from “Develop a thick skin.” constructive criticism. Finally, we agreed that being territorial over our team or our work is simply not productive. If another paralegal is called on to assist, don’t be a stumbling block. Instead, share your secrets for 10 11
Know Talkin’ getting along with the partner in charge of the proj- According to the survey, the greatest salary dis- ect. Ofer to assist if the project is running into dif- parity showed up for those paralegals with 5-7 fculties. Being a team player is a skill that is valued years of experience. Those employed as corporate Owning Mistakes, by employers. (Thanks to Stephanie Gillespie at Blue paralegals earned an average of $82,000, signif- Cross Blue Shield of NC and Jennifer Watford at Young cantly more than their counterparts working in Moore Henderson for sharing their best tips.) law frms who averaged $40,567. Hot Specialties and Paralegal salaries and raises Not surprising, the highest salaries were paid at the frms who employed the most people. Sole Other Topics of the By Camille Stell A recent salary survey showed salaries rose slightly practitioners paid an average of $39,052 while frms with more than 100 attorneys paid an aver- in 2012 with an average salary increase of 2.4 percent. age of $85,533. Moment Law frm paralegals earned an average of $52,503 Anna Cates Williams, executive director of the Ra- and in-house paralegals earned $63,664. Government I ’ve had several interesting conversations with 2.5 – 3.3 percent. About 30 percent of salaries averaged $59,840. leigh ofce of Special Counsel, notes that the aver- age salary raises ofered in 2012 ranged between paralegals earned bonuses and the average bo- paralegals lately about a variety of topics. I wish we could nuses were in the $1,500 and $3,000 range. Wil- all gather around the water cooler for a discussion, but liams notes that while the Paralegal Today survey since that isn’t possible, I’ll update you here. showed higher salaries for in-house paralegals, that is not always the case in North Carolina. She corporate setting but the trade-of is often a bet- ter work-life balance. Lessons learned says that sometimes salaries are lower within a Williams identifes three practice areas as “red At a recent lunch with paralegal friends, we discussed various hot” for the Triangle – patent, healthcare and cor- lessons learned during our careers. We all agreed that when we porate compliance. Continued “hot” areas include learned how to take ownership of mistakes, our relationships IP, banking, regulatory, labor and employment with our attorneys improved. There seems to be a self-protection and commercial real estate. A practice area mov- gene that kicks in when a mistake is revealed that prompts us ing to “hot” is online gaming. Areas that are cool- to look for excuses. Owning our mistakes and being able to deal ing include litigation, fnancial services, bankrupt- directly with our attorneys about how to move forward to correct cy, and mergers and acquisitions. the problem typically ended better than the scenarios where we ofered a dozen excuses or shifted the blame. When looking towards the future, Williams notes that while there is a continued focus on increased Another lesson learned from years of working in law frms efciency and cost-efectiveness, salaries are on is to develop a thick skin. In a busy law ofce, attorneys don’t the rise. Employers continue to look for employ- have time to walk on eggshells. When we are overly sensitive to ees who can perform blended duties and that criticism or perceived slights, we end up with hurt feelings and competition for the best talent will increase. miscommunication. Many attorneys, particularly litigators, have aggressive personalities. Paralegals that succeed in these work environments are those who can separate personal slights from “Develop a thick skin.” constructive criticism. Finally, we agreed that being territorial over our team or our work is simply not productive. If another paralegal is called on to assist, don’t be a stumbling block. Instead, share your secrets for 10 11
Balanced life workplace Williams also notes that job candidates today are looking for more than just a particular salary. Legal professionals are looking for job security, meaningful work, more responsibility, better training and op- portunities for growth among the more traditional benefts often mentioned such as raises, bonuses and personal time away from work. She says that fexible hours are a big incentive for employees. “At Lawyers Mutual, we ofer a summer work schedule where we increase our work hours dur- ing other days in order to take of Mondays or Fridays during the summer months. We also ofer our em- ployees fexible work schedules. Our employees work a range of hours from 7:30 a.m. until 6:00 p.m. This fexibility allows employees to spend more quality hours with their families, avoid traveling to and from work during peak trafc hours, and better concentrate at work knowing their work schedule allows them to meet their personal obligations.” In October, Lawyers Mutual was the recipient of the NC Association of Women Attorneys’ Balanced Life Workplace Award. The Balanced Life Workplace Award is given to an employer that has distinguished itself by establishing policies and practices that assist lawyers in achieving balance between their work and personal lives. Claims attorney Laura Loyek nominated Lawyers Mutual for this award. In her nomination, Loyek specifcally addressed Lawyers Mutual’s fexible work schedule. Employers who look to retain their best talent need to think about creative ways to provide employee benefts while best serving their clients. Camille Stell is the vice president of client services for Lawyers Mutual. Continue this conversation by contact- ing her at [email protected]. 12 13
Balanced life workplace Williams also notes that job candidates today are looking for more than just a particular salary. Legal professionals are looking for job security, meaningful work, more responsibility, better training and op- portunities for growth among the more traditional benefts often mentioned such as raises, bonuses and personal time away from work. She says that fexible hours are a big incentive for employees. “At Lawyers Mutual, we ofer a summer work schedule where we increase our work hours dur- ing other days in order to take of Mondays or Fridays during the summer months. We also ofer our em- ployees fexible work schedules. Our employees work a range of hours from 7:30 a.m. until 6:00 p.m. This fexibility allows employees to spend more quality hours with their families, avoid traveling to and from work during peak trafc hours, and better concentrate at work knowing their work schedule allows them to meet their personal obligations.” In October, Lawyers Mutual was the recipient of the NC Association of Women Attorneys’ Balanced Life Workplace Award. The Balanced Life Workplace Award is given to an employer that has distinguished itself by establishing policies and practices that assist lawyers in achieving balance between their work and personal lives. Claims attorney Laura Loyek nominated Lawyers Mutual for this award. In her nomination, Loyek specifcally addressed Lawyers Mutual’s fexible work schedule. Employers who look to retain their best talent need to think about creative ways to provide employee benefts while best serving their clients. Camille Stell is the vice president of client services for Lawyers Mutual. Continue this conversation by contact- ing her at [email protected]. 12 13
When Your Client Does Not Speak English By Wendy Peasey Wendy Pease B Working across languages and cultures can be easy if you take the right steps.Working across languages and cultures can be easy if you take the right steps. “ “ Did you hear when Coca-Cola translated its name into “Bit the Wax Tadpole”? Their translator sure did. How Did you hear when Coca-Cola translated its name into “Bit the Wax Tadpole”? Their translator sure did. How about the one where the attorney lost the case because of the incorrect translation? The stories are rampant. As an e the attorney lost the case because of the incorrect translation? The stories are rampant. As an about the one wher English-speaking professional, you CAN develop ways to efectively manage a case with other languages involved. ing professional, you CAN develop ways to efectively manage a case with other languages involved. English-speak D Developing skills are important as global business increases.eveloping skills are important as global business increases. 14 15
When Your Client Does Not Speak English By Wendy Peasey Wendy Pease B W Working across languages and cultures can be easy if you take the right steps.orking across languages and cultures can be easy if you take the right steps. “ “ Did you hear when Coca-Cola translated its name into “Bit the Wax Tadpole”? Their translator sure did. How Did you hear when Coca-Cola translated its name into “Bit the Wax Tadpole”? Their translator sure did. How about the one wher about the one where the attorney lost the case because of the incorrect translation? The stories are rampant. As an e the attorney lost the case because of the incorrect translation? The stories are rampant. As an English-speaking professional, you CAN develop ways to efectively manage a case with other languages involved. ing professional, you CAN develop ways to efectively manage a case with other languages involved. English-speak D Developing skills are important as global business increases.eveloping skills are important as global business increases. 14 15
Here are some guidelines when working across lan- • Edit. Your frm would not release an impor- it is in Spanish. How can he handle that? guages and cultures: tant document in English editing. This is the same for translation. If it is important, always make sure For any large and fast translations, you can use a soft- to have it edited. It is worth the cost. An English ware translation package or free language tools from • Translation v Interpretation. Know the dif- meaning might be interpreted in diferent ways. Google, enough to give you the gist. But for anything ference. Translation is written format and interpreta- For example, a translation for a hospital included more important, you must still use a trained human tion is spoken. their tagline “It’s all about getting better”. The tag translator. Idioms and quirks are not consistent line in English suggests that it is all about the pa- enough to be handled by software. A good transla- • Be ready for an answer. When communicat- tients getting better AND about better service. The tion company can give diferent options when han- ing in another language, remember the response translation could only capture one meaning, so the dling your projects. will be in that language. This reminds me of my uncle “This reminds editor and translator knew to ask what message What if your international ofce ofers to handle the who visited Paris and was so proud that he could ask the client wanted. translation? It may seem easier for your contacts directions “Ou est le toilet”. He was stumped when to translate than to hire a translator, but make sure he got an answer. me of my • Stay consistent. For the best in multi- that the overseas attorney provides the right quality. lingual communications, stay with one translator/ editor team. This gives you a consistent voice. Confrm that the translator is fully bi-lingual, familiar • Be cognizant of diferent legal systems. A with the appropriate laws, and able to complete it in US case with multi-lingual speakers is diferent than a uncle who • Accents are important. For example, the time frame. It usually costs the same for your own case in another country. Take into account the difer- “Como como como como como.” Written this way, translator or the overseas attorney, so the client will ences in legal systems. it doesn’t make sense. Yet, “¿Cómo, como? ¡Como only know a diference if quality is not good. visited Paris and como como!” is grammatically correct. With ac- • Good writing style. Sloppy writing leads to cents, it means “How do I eat? I eat the way I eat”. Cost can be an issue because of the size of legal fles. When transcribing, make sure to keep accents. bad translation. For example, how is a linguist go- was so proud Here are fve quick hints for saving costs: ing to translate this? “I am herewith returning the Some common challenges arise in legal cases. For 1. Start a glossary for frequently used copy. stipulation to dismiss in the above entitled matter; example, on Friday afternoon, an attorney from 2. Translate only documents that need trans- the same being duly executed by me.” The translator that he could ask London was told to fy to Columbia for potential lation – use gist translation to narrow it down. changed it to \"I have signed and enclosed the stipu- big new client meeting on Monday. As he leaves lation to dismiss the Byrd case.\" Is that was meant? the ofce, he gets a 60 page document to read and 3. Prepare for depositions, interrogatories, and directions, • Hire a good translator. Poor legal translation is dangerous. Common problems are grammar errors, omissions of words, literal translation rather than “Ou est le capturing the meaning, wrong tense or incorrect detail. Make sure to hire a professional with subject- matter expertise. toilet?” • Subject matter expertise. We have a won- derful Spanish translator with a PhD in International Relations. He quotes grammar dictionaries and is a stickler for detail. But we do not send him any tech- nical engineering documents because he does not know engineering terminology. Match the expert to the subject-matter for the best quality. 16 17
Here are some guidelines when working across lan- • Edit. Your frm would not release an impor- it is in Spanish. How can he handle that? guages and cultures: tant document in English editing. This is the same for translation. If it is important, always make sure For any large and fast translations, you can use a soft- to have it edited. It is worth the cost. An English ware translation package or free language tools from • Translation v Interpretation. Know the dif- meaning might be interpreted in diferent ways. Google, enough to give you the gist. But for anything ference. Translation is written format and interpreta- For example, a translation for a hospital included more important, you must still use a trained human tion is spoken. their tagline “It’s all about getting better”. The tag translator. Idioms and quirks are not consistent line in English suggests that it is all about the pa- enough to be handled by software. A good transla- • Be ready for an answer. When communicat- tients getting better AND about better service. The tion company can give diferent options when han- ing in another language, remember the response translation could only capture one meaning, so the dling your projects. will be in that language. This reminds me of my uncle “This reminds editor and translator knew to ask what message What if your international ofce ofers to handle the who visited Paris and was so proud that he could ask the client wanted. translation? It may seem easier for your contacts directions “Ou est le toilet”. He was stumped when to translate than to hire a translator, but make sure he got an answer. me of my • Stay consistent. For the best in multi- that the overseas attorney provides the right quality. lingual communications, stay with one translator/ editor team. This gives you a consistent voice. Confrm that the translator is fully bi-lingual, familiar • Be cognizant of diferent legal systems. A with the appropriate laws, and able to complete it in US case with multi-lingual speakers is diferent than a uncle who • Accents are important. For example, the time frame. It usually costs the same for your own case in another country. Take into account the difer- “Como como como como como.” Written this way, translator or the overseas attorney, so the client will ences in legal systems. it doesn’t make sense. Yet, “¿Cómo, como? ¡Como only know a diference if quality is not good. visited Paris and como como!” is grammatically correct. With ac- • Good writing style. Sloppy writing leads to cents, it means “How do I eat? I eat the way I eat”. Cost can be an issue because of the size of legal fles. When transcribing, make sure to keep accents. bad translation. For example, how is a linguist go- was so proud Here are fve quick hints for saving costs: ing to translate this? “I am herewith returning the Some common challenges arise in legal cases. For 1. Start a glossary for frequently used copy. stipulation to dismiss in the above entitled matter; example, on Friday afternoon, an attorney from 2. Translate only documents that need trans- the same being duly executed by me.” The translator that he could ask London was told to fy to Columbia for potential lation – use gist translation to narrow it down. changed it to \"I have signed and enclosed the stipu- big new client meeting on Monday. As he leaves lation to dismiss the Byrd case.\" Is that was meant? the ofce, he gets a 60 page document to read and 3. Prepare for depositions, interrogatories, and directions, • Hire a good translator. Poor legal translation is dangerous. Common problems are grammar errors, omissions of words, literal translation rather than “Ou est le capturing the meaning, wrong tense or incorrect detail. Make sure to hire a professional with subject- matter expertise. toilet?” • Subject matter expertise. We have a won- derful Spanish translator with a PhD in International Relations. He quotes grammar dictionaries and is a stickler for detail. But we do not send him any tech- nical engineering documents because he does not know engineering terminology. Match the expert to the subject-matter for the best quality. 16 17
any nuances, unusual terms, locations or facts of the case in which she should be aware. 4. Plan ahead to avoid rush charges. 5. Plan ahead to avoid mistakes – Rushed writ- ing or translating leads to mistakes. Once you get used to the few extra steps that Para residentes multi-lingual cases take, you will realize that there are ways to control quality and easily handle com- munications. The return on the efort can be quite de todo se large. Just make sure to do it right to avoid situ- ations where you are trying to fgure out what is envejece. being communicated, such as the one to the right: Paralegal Knowledge Institute Literal About the Author: translation: KNOWLEDGE CRUISE For residents of 4 Nights - Feb. 20, 2014 from Ft. Lauderdale everything gets Earn up to 12 CLE’s FREE! older. Cabins start at $249 p/p dbl occ. Join 100 paralegals from around the country For more information: www.paralegalknowledge.com Dining! Actual meaning: Wendy Pease is the owner of Rapport Internation- al, LLC a full-service translation and interpretation company based in metro-west Boston, Massachu- For residents of setts. Founded in 1987, she bought the business Luxury! in 2004. The company ofers foreign language translation and interpretation services in over 100 all ages. languages. Ms. Pease is also an expert on diversity training and international marketing communica- tions. Beautiful Beaches! 18 19
any nuances, unusual terms, locations or facts of the case in which she should be aware. 4. Plan ahead to avoid rush charges. 5. Plan ahead to avoid mistakes – Rushed writ- ing or translating leads to mistakes. Once you get used to the few extra steps that Para residentes multi-lingual cases take, you will realize that there are ways to control quality and easily handle com- munications. The return on the efort can be quite de todo se large. Just make sure to do it right to avoid situ- ations where you are trying to fgure out what is envejece. being communicated, such as the one to the right: Paralegal Knowledge Institute Literal About the Author: translation: KNOWLEDGE CRUISE For residents of 4 Nights - Feb. 20, 2014 from Ft. Lauderdale everything gets Earn up to 12 CLE’s FREE! older. Cabins start at $249 p/p dbl occ. Join 100 paralegals from around the country For more information: www.paralegalknowledge.com Dining! Actual meaning: Wendy Pease is the owner of Rapport Internation- al, LLC a full-service translation and interpretation company based in metro-west Boston, Massachu- For residents of setts. Founded in 1987, she bought the business Luxury! in 2004. The company ofers foreign language translation and interpretation services in over 100 all ages. languages. Ms. Pease is also an expert on diversity training and international marketing communica- tions. Beautiful Beaches! 18 19
Who Grows Up to be a Paralegal? The Jamie Collins Storyaralegal? The Jamie Collins Story Who Grows Up to be a P
Who Grows Up to be a Paralegal? The Jamie Collins Storyaralegal? The Jamie Collins Story Who Grows Up to be a P
KNOW Cover Growing up on the south side of Indianapolis, Today, Jamie receives email inquiries from TPS fol- raised by her Army pilot father, this child of a sol- lowers across the country asking questions or seek- dier fondly recalls walking down the streets of the ing guidance. She responds to each email hoping to American Army base in Stuttgart, Germany. Holding be of assistance. Helping others is personally fulfll- her father’s hand and staring up at him in the olive ing and, “it’s what fuels TPS for me. Our members in- green fight suit, he quickly dropped her hand to de- spire me just as much as I may inspire them. They liver a proper salute. Jamie’s dad, who was awarded make me want to be a better person. Seeing them the Distinguished Flying Cross for heroism in battle strive for and achieve things makes me want to do is, without question, her hero. more myself. They make me want to hit the line that Her father drilled into her she could do anything much harder.” that she wanted to do in life and but typical of children receiving advice from parents, she just did not believe it. Finally, in her adult life, Jamie is com- “She imagined ing around to her father’s way of thinking, “You have to know what you want, align your strengths and passions with purpose and intent and you can do herself in a cor- anything you want to do in life. It’s that simple. And that’s hard. You have to really want it and be willing to put in the work. It has to matter to you. It’s not paralegals, we meet a lot of people: attorneys, clients, co- always easy. But it is possible.” porate suit rock- As workers, peers and colleagues. Here’s a paralegal who knows what she wants and is willing to put in the work to reach her goals. The realization came when she least expected it. Her ing some killer defning moment arrived shortly before her 35th Once in a great while, you will meet someone with whom you share a birthday when she decided that the complacency high heels.” she felt was not going to win any notable prizes. She connection and with whom you quickly become friends. Jamie Collins, took a chance by launching into the new world of whom many of you may know as regular contributor to KNOW, is one of blogging and social media with a vengeance. Two short years later (November 2013), in an info- those people. graphic on its website, the Online Paralegal Degree Center named Jamie Collins a Paralegal Superstar. The infographic provides interesting facts about the Jamie is a pleasant person with a quick wit, a bright smile - the kind paralegal profession and includes a short synopsis of of person you want to have as a friend - the girl next door, someone to how seven paralegals “are changing our world one brief at a time” and there was Jamie, a litigation para- whom you want to tell your secrets and share your dreams. As a young legal from Indianapolis, Indiana, recognized for her girl, Jamie spent a great deal of time with Sue, her best friend and neigh- blog, The Paralegal Society (“TPS”). TPS brought reality at the age of 35. Her life bor. They played together, whispered together and dreamed together. changed. “It’s been better, brighter, fuller ever since,” she says. In its frst year, TPS saw approximately 85,000 hits. Sometime near its second birthday, TPS Sue always knew what she wanted to be when she grew up – a mom. hit the quarter of a million mark. The blog is fol- Jamie, who also wanted to someday be somebody’s mom, knew that she lowed by paralegals and schools (such as paralegal students at Georgetown University). also wanted something else. She just was not sure what that something Jamie, described by KNOW’s Editor-in-Chief as the else might be; maybe she would be a psychologist or perhaps a marine “most determined person” she has ever met, wanted every paralegal association and school to know biologist. She imagined herself a corporate leader dressed in a suit rock- about TPS. Putting that determination to work, she ing some killer high heels. sent personal, individual emails to her network in- troducing TPS to 435 recipients. 22 23
KNOW Cover Growing up on the south side of Indianapolis, Today, Jamie receives email inquiries from TPS fol- raised by her Army pilot father, this child of a sol- lowers across the country asking questions or seek- dier fondly recalls walking down the streets of the ing guidance. She responds to each email hoping to American Army base in Stuttgart, Germany. Holding be of assistance. Helping others is personally fulfll- her father’s hand and staring up at him in the olive ing and, “it’s what fuels TPS for me. Our members in- green fight suit, he quickly dropped her hand to de- spire me just as much as I may inspire them. They liver a proper salute. Jamie’s dad, who was awarded make me want to be a better person. Seeing them the Distinguished Flying Cross for heroism in battle strive for and achieve things makes me want to do is, without question, her hero. more myself. They make me want to hit the line that Her father drilled into her she could do anything much harder.” that she wanted to do in life and but typical of children receiving advice from parents, she just did not believe it. Finally, in her adult life, Jamie is com- “She imagined ing around to her father’s way of thinking, “You have to know what you want, align your strengths and passions with purpose and intent and you can do herself in a cor- anything you want to do in life. It’s that simple. And that’s hard. You have to really want it and be willing to put in the work. It has to matter to you. It’s not paralegals, we meet a lot of people: attorneys, clients, co- always easy. But it is possible.” porate suit rock- As workers, peers and colleagues. Here’s a paralegal who knows what she wants and is willing to put in the work to reach her goals. The realization came when she least expected it. Her ing some killer defning moment arrived shortly before her 35th Once in a great while, you will meet someone with whom you share a birthday when she decided that the complacency high heels.” she felt was not going to win any notable prizes. She connection and with whom you quickly become friends. Jamie Collins, took a chance by launching into the new world of whom many of you may know as regular contributor to KNOW, is one of blogging and social media with a vengeance. Two short years later (November 2013), in an info- those people. graphic on its website, the Online Paralegal Degree Center named Jamie Collins a Paralegal Superstar. The infographic provides interesting facts about the Jamie is a pleasant person with a quick wit, a bright smile - the kind paralegal profession and includes a short synopsis of of person you want to have as a friend - the girl next door, someone to how seven paralegals “are changing our world one brief at a time” and there was Jamie, a litigation para- whom you want to tell your secrets and share your dreams. As a young legal from Indianapolis, Indiana, recognized for her girl, Jamie spent a great deal of time with Sue, her best friend and neigh- blog, The Paralegal Society (“TPS”). TPS brought reality at the age of 35. Her life bor. They played together, whispered together and dreamed together. changed. “It’s been better, brighter, fuller ever since,” she says. In its frst year, TPS saw approximately 85,000 hits. Sometime near its second birthday, TPS Sue always knew what she wanted to be when she grew up – a mom. hit the quarter of a million mark. The blog is fol- Jamie, who also wanted to someday be somebody’s mom, knew that she lowed by paralegals and schools (such as paralegal students at Georgetown University). also wanted something else. She just was not sure what that something Jamie, described by KNOW’s Editor-in-Chief as the else might be; maybe she would be a psychologist or perhaps a marine “most determined person” she has ever met, wanted every paralegal association and school to know biologist. She imagined herself a corporate leader dressed in a suit rock- about TPS. Putting that determination to work, she ing some killer high heels. sent personal, individual emails to her network in- troducing TPS to 435 recipients. 22 23
In addition to the work to keep TPS going which in- moments in their lives? Because she fnds it fulfll- cludes posting on the blog twice a week, Jamie works ing. Jamie connects with clients at a time of great in personal injury / wrongful death. She is a wife, need and often plays the role of confdant, support mother, and author of more than 50 articles written system, legal liaison and ofers a caring voice on over the past two years – half of which appeared in the phone. She started her career in personal injury magazines or were published by educational groups. and, while she has also worked in other areas, If it sounds like Jamie has multiple full-time jobs, it is personal injury has always drawn her back. She because she does. Here’s someone who takes pride attributes her dedication to highly passionate trial in hard work and wears her work ethic like a badge attorneys with whom she has worked. of honor. In a recent post on on the Paralegal Society, Jamie has rubbed elbows with some impressive “Check the Box…or Be Great – The Choice is Yours,” legal minds. Early in her career, she met several Jamie advises: high-profle trial lawyers including Mary Beth Ra- mey (the frst female attorney chosen as the Indi- “Work like your reputation is on the line, because ana Trial Lawyer of the Year and frst female Presi- it is. Each and every day. Each and every task. Each and dent of the Indiana Trial Lawyers Association), and every client fle, project, and interaction. It is on the line. her partner, Richard D. Hailey, a former President Right here, right now. I will give it all I’ve got, even when of the American Trial Lawyers Association. Jamie I’m sick, tired, and sick and tired. I will hit the line, pull worked with Hailey and Ramey on a contract basis myself together, and rise up. I will excel. I will run straight and has a deep afnity for both of these brilliant through any task with radiant enthusiasm. Even when attorneys. She fnds the incredibly warm, gracious it’s hard. Even when I’d rather not. Even on those days I’m and friendly. “Mary Beth became a mentor to me,” not sure how I’ll crawl across the fnish line.” she laughs. “She encouraged and empowered me Jamie was seated next to trial legend Louis “Buddy” Jamie’s work ethic has not gone unno- to do more with my life. In fact, she had her high Yosha the frst time she heard a million dollar verdict ticed by her employers, both past and pres- heel planted frmly in my back for a number of read. Yosha, a trial attorney with a career spanning ent. Currently, she is employed by Yosha years. Whether it was waking up early to bake me more than four decades, is known as a formidable Cook Shartzer & Tisch in Indianapolis jug- the frst cream pie I’d ever tasted because I pitched foe and often referred to as “a pitbull in the court- gling as many as 100 cases at a time with in or asking me pointed questions concerning my room.” Yosha has been featured on the cover of The no administrative help. Jason A. Shartzer, school status, we chatted regularly.” Wall Street Journal and other publications including her supervising attorney, does not hesitate Forbes, The New York Times and Cosmopolitan. to describe Jamie as the best paralegal with The cases on which she has worked are almost whom he has ever worked. “Jamie is my trial as impressive as the legal minds who have molded companion. In the days and weeks leading her. At her frst litigation frm, Jamie was the lead up to trial…she puts in as many hours as I paralegal on a case stemming from the terrorist at- do during trial preparation and is involved tacks on 9/11 and responsible for coordinating ser- with all aspects. Shartzer relies on Jamie in vice of process on over 330 foreign individuals and every aspect of his practice and is pretty entities including some princes. certain that he would be lost without her. Another of Jamie’s memorable cases was a wrong- Personal injury / wrongful death cas- ful death action fled against a small town police es involve traumatic events and can department which resulted in a verdict for the hus- be emotionally difcult for a parale- band of a woman who had been killed when her gal. Jamie, who works closely with the vehicle was struck by a police car. The highly pub- clients, often accompanies Shartzer licized case played out in the local media much a when he meets clients for the frst time. television courtroom drama. Jamie considers it a “Sometimes these meetings take place career highlight. in hospitals after catastrophic injuries. Ja- Jamie was unable to provide just one answer as to mie has always displayed grace and profes- why she likes her work so much. The compassionate sionalism in these difcult situations.” Why side of her enjoys helping clients get a good result would anyone choose to work in a feld but the true enthusiasm for her work comes from where clients are often at the worst the adrenaline rush she gets while seated behind 24 25
In addition to the work to keep TPS going which in- moments in their lives? Because she fnds it fulfll- cludes posting on the blog twice a week, Jamie works ing. Jamie connects with clients at a time of great in personal injury / wrongful death. She is a wife, need and often plays the role of confdant, support mother, and author of more than 50 articles written system, legal liaison and ofers a caring voice on over the past two years – half of which appeared in the phone. She started her career in personal injury magazines or were published by educational groups. and, while she has also worked in other areas, If it sounds like Jamie has multiple full-time jobs, it is personal injury has always drawn her back. She because she does. Here’s someone who takes pride attributes her dedication to highly passionate trial in hard work and wears her work ethic like a badge attorneys with whom she has worked. of honor. In a recent post on on the Paralegal Society, Jamie has rubbed elbows with some impressive “Check the Box…or Be Great – The Choice is Yours,” legal minds. Early in her career, she met several Jamie advises: high-profle trial lawyers including Mary Beth Ra- mey (the frst female attorney chosen as the Indi- “Work like your reputation is on the line, because ana Trial Lawyer of the Year and frst female Presi- it is. Each and every day. Each and every task. Each and dent of the Indiana Trial Lawyers Association), and every client fle, project, and interaction. It is on the line. her partner, Richard D. Hailey, a former President Right here, right now. I will give it all I’ve got, even when of the American Trial Lawyers Association. Jamie I’m sick, tired, and sick and tired. I will hit the line, pull worked with Hailey and Ramey on a contract basis myself together, and rise up. I will excel. I will run straight and has a deep afnity for both of these brilliant through any task with radiant enthusiasm. Even when attorneys. She fnds the incredibly warm, gracious it’s hard. Even when I’d rather not. Even on those days I’m and friendly. “Mary Beth became a mentor to me,” not sure how I’ll crawl across the fnish line.” she laughs. “She encouraged and empowered me Jamie was seated next to trial legend Louis “Buddy” Jamie’s work ethic has not gone unno- to do more with my life. In fact, she had her high Yosha the frst time she heard a million dollar verdict ticed by her employers, both past and pres- heel planted frmly in my back for a number of read. Yosha, a trial attorney with a career spanning ent. Currently, she is employed by Yosha years. Whether it was waking up early to bake me more than four decades, is known as a formidable Cook Shartzer & Tisch in Indianapolis jug- the frst cream pie I’d ever tasted because I pitched foe and often referred to as “a pitbull in the court- gling as many as 100 cases at a time with in or asking me pointed questions concerning my room.” Yosha has been featured on the cover of The no administrative help. Jason A. Shartzer, school status, we chatted regularly.” Wall Street Journal and other publications including her supervising attorney, does not hesitate Forbes, The New York Times and Cosmopolitan. to describe Jamie as the best paralegal with The cases on which she has worked are almost whom he has ever worked. “Jamie is my trial as impressive as the legal minds who have molded companion. In the days and weeks leading her. At her frst litigation frm, Jamie was the lead up to trial…she puts in as many hours as I paralegal on a case stemming from the terrorist at- do during trial preparation and is involved tacks on 9/11 and responsible for coordinating ser- with all aspects. Shartzer relies on Jamie in vice of process on over 330 foreign individuals and every aspect of his practice and is pretty entities including some princes. certain that he would be lost without her. Another of Jamie’s memorable cases was a wrong- Personal injury / wrongful death cas- ful death action fled against a small town police es involve traumatic events and can department which resulted in a verdict for the hus- be emotionally difcult for a parale- band of a woman who had been killed when her gal. Jamie, who works closely with the vehicle was struck by a police car. The highly pub- clients, often accompanies Shartzer licized case played out in the local media much a when he meets clients for the frst time. television courtroom drama. Jamie considers it a “Sometimes these meetings take place career highlight. in hospitals after catastrophic injuries. Ja- Jamie was unable to provide just one answer as to mie has always displayed grace and profes- why she likes her work so much. The compassionate sionalism in these difcult situations.” Why side of her enjoys helping clients get a good result would anyone choose to work in a feld but the true enthusiasm for her work comes from where clients are often at the worst the adrenaline rush she gets while seated behind 24 25
counsel table seeing her work play out in front of There will undoubtedly be naysayers who want her in the courtroom. Like many litigation parale- to believe that the success Jamie has experienced gals, Jamie has no qualms about admitting that is luck and, to a degree, they may be correct. Luck she “feels the most alive” when preparing and often accompanies success but truly successful assisting at trial. That courtroom euphoria is what people make their own luck. One of the keys is not fuels her drive to perform at her very best, regard- to wait for the opportunity to fnd you. Jamie Col- less of the job. lins is hardly one of the crowd; she envisions a bold John C. Cox, President / CEO of Andrews & Cox, future and intends to have it. Jamie is zealous in P.C. d/b/a Bleecker Brody & Andrews, describes Ja- her pursuit of professional nirvana and never lets mie as a tremendous individual. While Cox moved an opportunity pass her by. Her ability to convert a from the frm where he previously worked with call into a position as a columnist for KNOW one day Jamie, he now often uses her as a sounding board after a chance on-line meeting is just one example in his practice. Cox believes that “Jamie is a vision- of never ending pursuit of the next big thing. ary, a leader in her feld and is committed to the Much of the “better, brighter, fuller” life that Ja- advancement of paralegals across the country.” mie has created for herself is attributed to her writ- When asked what it is about Jamie’s work that has ing. “It is the most deeply personal thing that’s just him singing her praises so loudly, Cox answered mine,” she says. The writers among us will under- that “…the most inexplicable part of what Jamie stand how she feels. There is something in a writer brings to the table is her ability to consistently be that compels them to take an idea, a thought or a few steps ahead of the attorney in accomplish- a quote and weave a story sufciently rich in de- ing the aims of the representation.” tail to create images in the mind of the reader. To While Jamie is proud of the career she created be able to earn a living doing that is all too often and the paralegal “society” she maintains, her just a dream. It is, in fact, Jamie’s dream: to be an One new skill pays a lifetime of dividends. family is the true light in her life. Outside of the acclaimed writer on the New York Times Bestseller ofce, she enjoys spending time with her family List. (and extended family), traveling with her husband While I have a few years on Jamie, both chrono- Chris (who proposed at a New Year’s Eve celebra- logically and professionally, this young rising star W tion with both of their families in attendance), and has accomplished many of the things that appear hen you develop multiple skills, the benefts increase exponentially. If raising their son, Gavin. on my career bucket list...and some things that I you and your colleagues apply this basic idea to your career, you’ll create a competitive ad- Jamie can relate to the plight of working moms did not even know I wanted to have on said bucket vantage no one can match - or take away. Making the most of the intellectual resources you already everywhere as it is not unusual for her to dash list. Getting to know Jamie Collins will make you to have is always a wise decision, and Paralegal Knowledge Institute has everything you need to do it. out of the ofce and onto the bleachers at a little want to reach beyond what you believe you can league baseball game to watch eight year old do. She has a quest to be the best at and refuses Gavin (who aspires to someday play in the major to settle for “good enough.” There is a lesson in that We offer 140+ interactive seminars, webinars, webcasts, courses and certifcate programs for league) play ball. Juggling her two lives, she jokes doggedness. Having a colleague like Jamie is an as- experienced paralegals in a broad range of subjects. that she will not be surprised if one day she fnds set and comes with rewards beyond expectations. herself ofering a glass of chocolate milk to her Get to know Jamie, whether in a cyber-relationship We monitor trends by listening to our clients, our expert faculty and paralegal leaders. Then we pin- supervising attorney. or reality. Having a true visionary right up there in point critical paralegal skill competencies to offer you the most relevant content. The benefts to you Husband Chris works in fnance and she be- your contacts list certainly couldn’t hurt. lieves this makes them an ideal homework team and your law frm can be substantial and long-lasting. for their son. Jamie assists with anything writing- About the Author related and Chris jumps in where numbers are in- volved. After business hours, you are likely to fnd Lottie Wathen is a litigation paralegal at Cohen A Paralegal Knowledge Institute Webcast her curled up on the couch, munching on cheese & Malad, LLP in Indianapolis, Indiana where she popcorn, and watching Homeland with Chris or works exclusively on family law matters. She is a is what learning should be - snuggled up reading books with Gavin. While she member of the board of directors for the Indiana a transforming experience loves to occasionally hang out with friends over Paralegal Association where she serves as the edi- a nice meal or a margarita, most of her personal tor of the newsletter. time is devoted to family life. www.paralegalknowledge.com 26 27
counsel table seeing her work play out in front of There will undoubtedly be naysayers who want her in the courtroom. Like many litigation parale- to believe that the success Jamie has experienced gals, Jamie has no qualms about admitting that is luck and, to a degree, they may be correct. Luck she “feels the most alive” when preparing and often accompanies success but truly successful assisting at trial. That courtroom euphoria is what people make their own luck. One of the keys is not fuels her drive to perform at her very best, regard- to wait for the opportunity to fnd you. Jamie Col- less of the job. lins is hardly one of the crowd; she envisions a bold John C. Cox, President / CEO of Andrews & Cox, future and intends to have it. Jamie is zealous in P.C. d/b/a Bleecker Brody & Andrews, describes Ja- her pursuit of professional nirvana and never lets mie as a tremendous individual. While Cox moved an opportunity pass her by. Her ability to convert a from the frm where he previously worked with call into a position as a columnist for KNOW one day Jamie, he now often uses her as a sounding board after a chance on-line meeting is just one example in his practice. Cox believes that “Jamie is a vision- of never ending pursuit of the next big thing. ary, a leader in her feld and is committed to the Much of the “better, brighter, fuller” life that Ja- advancement of paralegals across the country.” mie has created for herself is attributed to her writ- When asked what it is about Jamie’s work that has ing. “It is the most deeply personal thing that’s just him singing her praises so loudly, Cox answered mine,” she says. The writers among us will under- that “…the most inexplicable part of what Jamie stand how she feels. There is something in a writer brings to the table is her ability to consistently be that compels them to take an idea, a thought or a few steps ahead of the attorney in accomplish- a quote and weave a story sufciently rich in de- ing the aims of the representation.” tail to create images in the mind of the reader. To While Jamie is proud of the career she created be able to earn a living doing that is all too often and the paralegal “society” she maintains, her just a dream. It is, in fact, Jamie’s dream: to be an One new skill pays a lifetime of dividends. family is the true light in her life. Outside of the acclaimed writer on the New York Times Bestseller ofce, she enjoys spending time with her family List. (and extended family), traveling with her husband While I have a few years on Jamie, both chrono- Chris (who proposed at a New Year’s Eve celebra- logically and professionally, this young rising star W tion with both of their families in attendance), and has accomplished many of the things that appear hen you develop multiple skills, the benefts increase exponentially. If raising their son, Gavin. on my career bucket list...and some things that I you and your colleagues apply this basic idea to your career, you’ll create a competitive ad- Jamie can relate to the plight of working moms did not even know I wanted to have on said bucket vantage no one can match - or take away. Making the most of the intellectual resources you already everywhere as it is not unusual for her to dash list. Getting to know Jamie Collins will make you to have is always a wise decision, and Paralegal Knowledge Institute has everything you need to do it. out of the ofce and onto the bleachers at a little want to reach beyond what you believe you can league baseball game to watch eight year old do. She has a quest to be the best at and refuses Gavin (who aspires to someday play in the major to settle for “good enough.” There is a lesson in that We offer 140+ interactive seminars, webinars, webcasts, courses and certifcate programs for league) play ball. Juggling her two lives, she jokes doggedness. Having a colleague like Jamie is an as- experienced paralegals in a broad range of subjects. that she will not be surprised if one day she fnds set and comes with rewards beyond expectations. herself ofering a glass of chocolate milk to her Get to know Jamie, whether in a cyber-relationship We monitor trends by listening to our clients, our expert faculty and paralegal leaders. Then we pin- supervising attorney. or reality. Having a true visionary right up there in point critical paralegal skill competencies to offer you the most relevant content. The benefts to you Husband Chris works in fnance and she be- your contacts list certainly couldn’t hurt. lieves this makes them an ideal homework team and your law frm can be substantial and long-lasting. for their son. Jamie assists with anything writing- About the Author related and Chris jumps in where numbers are in- volved. After business hours, you are likely to fnd Lottie Wathen is a litigation paralegal at Cohen A Paralegal Knowledge Institute Webcast her curled up on the couch, munching on cheese & Malad, LLP in Indianapolis, Indiana where she popcorn, and watching Homeland with Chris or works exclusively on family law matters. She is a is what learning should be - snuggled up reading books with Gavin. While she member of the board of directors for the Indiana a transforming experience loves to occasionally hang out with friends over Paralegal Association where she serves as the edi- a nice meal or a margarita, most of her personal tor of the newsletter. time is devoted to family life. www.paralegalknowledge.com 26 27
Why Can't a CIO Be More Like a CFO? Why Can't a CIO Be More Like a CFO? by Deborah H. Juhnke 28 29
Why Can't a CIO Be More Like a CFO? Why Can't a CIO Be More Like a CFO? by Deborah H. Juhnke 28 29
CIOs accountability, on the other hand, stops short of information stewardship and instead fo- cuses only on technology stewardship, an interme- Why Can’t a CIO Be More diate step. CIO’s are commonly accountable only for information in the middle of its lifecycle (storage, security, and availability), and their control systems refect this. Like a CFO? Unlike the world of the CFO, management and staf generally do what they like when it comes to By Debra Juhnke, CRM creating and (not) disposing of information, creating a cavernous gap in accountability. There are no overarching frameworks, few con- trols, little guidance, no audits, and seldom conse- The growth of information is quences when staf create and hoard information. In fnancial terms, irresponsible creation and storage doubling every two years. of information is like taking on unsecured, uncon- trolled debt. It creates risk and encumbers the enter- prise with additional costs to support the resulting digital landfll. That landfll has been a money pit for corpora- tions and a gold mine, in my experience, for plain- nformation governance is not IT’s job. But it should be the CIO’s job. It’s time for CIOs to tifs’ counsel and regulatory investigators, leading move beyond their roles as chief technology ofcers, and embrace the name with all of to average per case discovery costs ranging from its implications: Chief Information Ofcer. $621,000 to more than $9 million. That’s a lot of money for digging through old e-mail. Why? Because no one is managing the store. The explosive growth of information is Iaccelerating. According to the 2012 IDC/EMC report on the digital universe (PDF), it’s How did we get here? doubling every two years. At the same time, technology budgets are static or contracting, and non-IT execs want more attention to costcutting. We came to this place easily and methodically, by providing resources of quicklyevolving We know this. We’ve heard it before. Yet we continue to ignore it. I’m fascinated by how technology with no constraints. We came here by not establishing data stewardship, which is at the deftly conversations about information growth turn immediately to handwringing over how root of organizational confusion about information to store and secure it, avoiding the issue of its creation. The time is ripe for CIOs to take a governance. page from the CFOs’ playbook to ensure both accountability and responsibility for informa- tion creation. We came here by allowing the “just keep every- thing” culture to take hold. Ironically, autonomy in We all know that CFOs are accountable for the fnancial stewardship of the enterprise. corporate computing does not necessarily lead to greater productivity. In fact, our laissez faire ap- They fulfll this role by delegating responsibility and establishing control systems such as proach to computer education —little guidance, budgets, directives, audits, and oversight to drive fscal compliance. The day-to-day fnancial hands-of, freedom to make decisions — leads to activity within the organization is then executed by management and staf, who shoulder lower productivity absent a system for accountabil- the responsibility — delegated to them by the enterprise as part of their job — to account ity. Without accountability, unproductive behaviors for funds, both incoming and outgoing. Incurring debt without approvals or other failures to creep in: spending time on CYA, fnger-pointing, comply with fnancial controls appropriately results in disciplinary action. waiting for guidance, ignoring problems, or waiting too long to act. 30 31
CIOs accountability, on the other hand, stops short of information stewardship and instead fo- cuses only on technology stewardship, an interme- Why Can’t a CIO Be More diate step. CIO’s are commonly accountable only for information in the middle of its lifecycle (storage, security, and availability), and their control systems refect this. Like a CFO? Unlike the world of the CFO, management and staf generally do what they like when it comes to By Debra Juhnke, CRM creating and (not) disposing of information, creating a cavernous gap in accountability. There are no overarching frameworks, few con- trols, little guidance, no audits, and seldom conse- The growth of information is quences when staf create and hoard information. In fnancial terms, irresponsible creation and storage doubling every two years. of information is like taking on unsecured, uncon- trolled debt. It creates risk and encumbers the enter- prise with additional costs to support the resulting digital landfll. That landfll has been a money pit for corpora- tions and a gold mine, in my experience, for plain- nformation governance is not IT’s job. But it should be the CIO’s job. It’s time for CIOs to tifs’ counsel and regulatory investigators, leading move beyond their roles as chief technology ofcers, and embrace the name with all of to average per case discovery costs ranging from its implications: Chief Information Ofcer. $621,000 to more than $9 million. That’s a lot of money for digging through old e-mail. Why? Because no one is managing the store. The explosive growth of information is Iaccelerating. According to the 2012 IDC/EMC report on the digital universe (PDF), it’s How did we get here? doubling every two years. At the same time, technology budgets are static or contracting, and non-IT execs want more attention to costcutting. We came to this place easily and methodically, by providing resources of quicklyevolving We know this. We’ve heard it before. Yet we continue to ignore it. I’m fascinated by how technology with no constraints. We came here by not establishing data stewardship, which is at the deftly conversations about information growth turn immediately to handwringing over how root of organizational confusion about information to store and secure it, avoiding the issue of its creation. The time is ripe for CIOs to take a governance. page from the CFOs’ playbook to ensure both accountability and responsibility for informa- tion creation. We came here by allowing the “just keep every- thing” culture to take hold. Ironically, autonomy in We all know that CFOs are accountable for the fnancial stewardship of the enterprise. corporate computing does not necessarily lead to greater productivity. In fact, our laissez faire ap- They fulfll this role by delegating responsibility and establishing control systems such as proach to computer education —little guidance, budgets, directives, audits, and oversight to drive fscal compliance. The day-to-day fnancial hands-of, freedom to make decisions — leads to activity within the organization is then executed by management and staf, who shoulder lower productivity absent a system for accountabil- the responsibility — delegated to them by the enterprise as part of their job — to account ity. Without accountability, unproductive behaviors for funds, both incoming and outgoing. Incurring debt without approvals or other failures to creep in: spending time on CYA, fnger-pointing, comply with fnancial controls appropriately results in disciplinary action. waiting for guidance, ignoring problems, or waiting too long to act. 30 31
remained, instead, CTO’s. I submit they are — or Given this failure to establish responsibility and should be — something diferent. CIO’s need to accountability, it is also not surprising that most move beyond technology myopia to become ECM projects fail, and a large percentage of IT information governance leaders and executive projects generally fail to realize their potential or partners in policy direction and enforcement. go well over budget. I believe the driving factor for Someone needs to take control, and CIO’s are in these failures is that many projects are conceived an ideal position to mandate the structure, di- and scoped only to address a symptom, rather than rection, resources, and accountability necessary the disease of too much information. Many to achieve coherent governance of information assets. If the prospect of tackling the legacy Patchwork attempts to mitigate or repair our bro- problem is daunting, consider another fnance- ken information management processes do not get projects are inspired concept: zero-based budgeting. With to the core of the issue. It is ultimately up to each of “Zero-Based Information Governance” tied to us to make a diference. Of course, we are reminded bottom-up accountability, we have an opportu- during emergencies, like Hurricane Sandy, the “bet conceived nity to look forward frst and stop the bleeding. the company” lawsuit, or — dare I mention — the data security breach. (Can you spell S.N.O.W.D.E.N.?) But, when the crisis is over, we go back to the status and scoped We can cost cut by slowing the growth of quo. information and applying a more critical There are those who still believe that technology only to eye to Band-Aid technology requests such as e-mail archives or yet more storage, and thereby alone solves all problems, thus policy-based gover- also achieve better alignment with long-term nance is unnecessary and there is no downside to business goals. information growth. These proponents fail to ac- address a count, however, for the three R’s: Regulation, In my years of interviewing staf across a Risk, and Reward. range of industries, the most common theme symptom has been, “No one told me what to do, so I did Regulatory requirements for information gover- nothing.” Technology is intimidating, particularly nance exist for every enterprise. They must be iden- to non-Millennials. Think like a parent. Create an tifed and addressed, and information management rather than environment where information is treated as a is a huge part of this. At risk in most enterprises are valued asset. Instruct, guide, and expect good databases, shared storage, and e-mail — and the stewardship. Be accountable. latter two are almost exclusively controlled by end the disease of users, both in content and distribution. Risks stem from litigation exposure, privacy and data security breaches, and intellectual property theft, among too much others. About the Author Reward can come from new insights for new ini- information. tiatives gleaned from our “big data,” but only if it is not “dark data” contaminated with the ROT (redun- dant, obsolete, and trivial) of 30 years of computing. In each of these, unmanaged volume and content is our enemy. Deborah H. Juhnke, CRM, is the Director of Information Back to the Future Management Consulting at Husch Blackwell, LLP. CIO’s must re-invigorate the vision of 1987, when the inaugural issue of CIO magazine stated that, “information is a corporate asset to be managed by 32 33
remained, instead, CTO’s. I submit they are — or Given this failure to establish responsibility and should be — something diferent. CIO’s need to accountability, it is also not surprising that most move beyond technology myopia to become ECM projects fail, and a large percentage of IT information governance leaders and executive projects generally fail to realize their potential or partners in policy direction and enforcement. go well over budget. I believe the driving factor for Someone needs to take control, and CIO’s are in these failures is that many projects are conceived an ideal position to mandate the structure, di- and scoped only to address a symptom, rather than rection, resources, and accountability necessary the disease of too much information. Many to achieve coherent governance of information assets. If the prospect of tackling the legacy Patchwork attempts to mitigate or repair our bro- problem is daunting, consider another fnance- ken information management processes do not get projects are inspired concept: zero-based budgeting. With to the core of the issue. It is ultimately up to each of “Zero-Based Information Governance” tied to us to make a diference. Of course, we are reminded bottom-up accountability, we have an opportu- during emergencies, like Hurricane Sandy, the “bet conceived nity to look forward frst and stop the bleeding. the company” lawsuit, or — dare I mention — the data security breach. (Can you spell S.N.O.W.D.E.N.?) But, when the crisis is over, we go back to the status and scoped We can cost cut by slowing the growth of quo. information and applying a more critical There are those who still believe that technology only to eye to Band-Aid technology requests such as e-mail archives or yet more storage, and thereby alone solves all problems, thus policy-based gover- also achieve better alignment with long-term nance is unnecessary and there is no downside to business goals. information growth. These proponents fail to ac- address a count, however, for the three R’s: Regulation, In my years of interviewing staf across a Risk, and Reward. range of industries, the most common theme symptom has been, “No one told me what to do, so I did Regulatory requirements for information gover- nothing.” Technology is intimidating, particularly nance exist for every enterprise. They must be iden- to non-Millennials. Think like a parent. Create an tifed and addressed, and information management rather than environment where information is treated as a is a huge part of this. At risk in most enterprises are valued asset. Instruct, guide, and expect good databases, shared storage, and e-mail — and the stewardship. Be accountable. latter two are almost exclusively controlled by end the disease of users, both in content and distribution. Risks stem from litigation exposure, privacy and data security breaches, and intellectual property theft, among too much others. About the Author Reward can come from new insights for new ini- information. tiatives gleaned from our “big data,” but only if it is not “dark data” contaminated with the ROT (redun- dant, obsolete, and trivial) of 30 years of computing. In each of these, unmanaged volume and content is our enemy. Deborah H. Juhnke, CRM, is the Director of Information Back to the Future Management Consulting at Husch Blackwell, LLP. CIO’s must re-invigorate the vision of 1987, when the inaugural issue of CIO magazine stated that, “information is a corporate asset to be managed by 32 33
KNOW Future The Future of Paralegals Introducing a new KNOW Column By Therese Cannon, Esq. Nancy Heller, RP Stacey Hunt, CLA, CAS 35
KNOW Future The Future of Paralegals Introducing a new KNOW Column By Therese Cannon, Esq. Nancy Heller, RP Stacey Hunt, CLA, CAS 35
things, fail to prepare law students for practice. (University of Chicago Press, “Roles for Legal Education has been charged to study The ABA Task Force on the Future of Changes for paralegals are already here . 2012) Something is different now. paralegals are the “key challenges facing the delivery of legal services and the provision of legal education” including the rising cost of WE are entering a era of major, perhaps legal education, declining employment I got my frst job in a law frm in 1983. The senior attorney was an elderly, very distinguished prospects, practical skills training, and the even revolutionary, shifts in law practice, legal education, changing, gentleman. He wore a suit and tie to work, even and the role of both lawyers and nonlawyers who deliver changing nature of legal work. on the weekends. He forbade a couch in the ofce One of its subcommittees has issued a legal services. Already in motion but accelerated by the requiring a waiting room because “it didn’t look respectable.” economic meltdown fve years ago, these shifts have preliminary call for states to create a com- No one would have called him “old school” in a mon framework for licensing nonlawyers already resulted in signifcant downsizing and reorganiza- to provide a limited range of legal services sneering sort of way because he represented what tion in large law frms, decreased demand for legal ser- re-envisioning was fne and honorable about the legal profession vices afecting large and small frms alike, and high under- and for law schools to provide the requi- as it existed up until the end of the last century. site educational programs, which the ABA and unemployment of lawyers. He was an honored, extended member of his cli- Roles for paralegals are changing, requiring a re-envi- of what para- would then accredit. ent families. His opinion was sought on every type In California, the State Bar Board has ad- sioning of what paralegals can and should do and a con- opted the resolution of its Limited Licens- of legal need throughout his clients’ lives, whether comitant rethinking of paralegal education. The idea of it was a will, an incorporation, a contract, a divorce. nonlawyer practice has reemerged as a compelling sub- legals can and ing Working Group to “study and develop a He attended his clients’ funerals before probating proposed limited license to practice law….” ject of discussion within the ABA and the infuential State their estates. He was that old-fashioned type of Bar of California, and is ever closer to becoming a reality in should do and And the state of Washington has already counselor that for some reason, although needed adopted a Legal Technician licensing the state of Washington. scheme that holds promise to increase ac- more than ever to help us navigate the complexities This renewed interest is related to the disruption of of modern American life, no longer exists. Perhaps models for delivery of legal services and has spurred seri- a cess to legal services in high-need special- that all went away when the law became an indus- ties like family law. ous nationwide discussions about how to reform legal try rather than a learned profession. education and requirements for entry into the legal pro- In a series of columns, we will address I was a paralegal in a mid-sized Fresno law frm these emerging issues, give examples of fession. This cluster of concerns together with the con- rethinking of changes we are already seeing, and discuss when Black Monday hit in 1987. A decade later it tinuing challenge of providing access to legal services for was the dot-com bubble. During each of those low- and middle-income Americans has commanded the how this rapidly shifting environment is times, attorney jobs disappeared and attorneys afecting paralegals. To be sure, we are attention of legal commentators, educators and the bar. paralegal were suddenly competing, as they are now, for para- Several important books have been written on the already seeing new kinds of jobs appear in legal jobs. But the legal pundits are telling us some- the legal landscape up every day. need to reform legal education and to restructure law education.” As an example, after we decided to write thing is diferent this time, after the Great Recession. practice. Richard Susskind’s The End of Lawyers: Rethinking Something is permanent about the upheaval that is the Nature of Legal Services explains that technology and on this topic, the ABA Journal published happening now, perhaps because the fnancial cri- a list of new and expected jobs, among the commoditization of legal services demand a new way sis was coupled this time with an unprecedented to practice law, one which calls for streamlined law frms them: legal risk manager, legal knowledge explosion in technological capability and ingenuity engineer, expert trusted adviser, consumer and new roles for both lawyers and nonlawyers (Oxford On the law school front, a compelling book, fnancial protection bureau compliance and creative new ways of delivering legal services. University Press, 2008). In his most recent book directed Failing Law Schools, by law professor Brian Ta- . Look at what is available now – all manner of vir- to aspiring and new lawyers, he starts by saying, “Tomor- manaha has brought a clear voice and strong ofcer, internal investigations lawyer, cli- tual paralegal frms have sprung up on the Internet, ent teams specialist, and law frm integra- row’s legal world … bears little resemblance to that of the evidence for the idea that the American providing assistance to small and large law frms and past. Legal institutions and lawyers are at a crossroads, … legal education model needs radical reform. tion coach, wellness expert, and protocol in-house counsel in many states and in many prac- expert. and are poised to change more radically than they have Tamanaha systematically addresses the high - Therese Cannon, Esq. tice areas. There are specialized companies such as over the last two centuries.” He predicts that we will have cost of legal education, unacceptable lev- Novus Law that provides virtual document review, virtual courts and law frms, global legal businesses, exten- els of student debt, a decreased return on a contract management and regulatory flings for law sive legal process outsourcing, and web-based simulated student’s educational investment and blames frms. Attorneys are bemoaning the invention of a practice. (Tomorrow’s Lawyers, Oxford University Press, an antiquated educational model, curriculum, new app called Shake that creates simple contracts 2013) and instructional practices that, among other on an iPhone. 36 37
things, fail to prepare law students for practice. (University of Chicago Press, “Roles for Legal Education has been charged to study The ABA Task Force on the Future of Changes for paralegals are already here . 2012) Something is different now. paralegals are the “key challenges facing the delivery of legal services and the provision of legal education” including the rising cost of WE are entering a era of major, perhaps legal education, declining employment I got my frst job in a law frm in 1983. The senior attorney was an elderly, very distinguished prospects, practical skills training, and the even revolutionary, shifts in law practice, legal education, changing, gentleman. He wore a suit and tie to work, even and the role of both lawyers and nonlawyers who deliver changing nature of legal work. on the weekends. He forbade a couch in the ofce One of its subcommittees has issued a legal services. Already in motion but accelerated by the requiring a waiting room because “it didn’t look respectable.” economic meltdown fve years ago, these shifts have preliminary call for states to create a com- No one would have called him “old school” in a mon framework for licensing nonlawyers already resulted in signifcant downsizing and reorganiza- to provide a limited range of legal services sneering sort of way because he represented what tion in large law frms, decreased demand for legal ser- re-envisioning was fne and honorable about the legal profession vices afecting large and small frms alike, and high under- and for law schools to provide the requi- as it existed up until the end of the last century. site educational programs, which the ABA and unemployment of lawyers. He was an honored, extended member of his cli- Roles for paralegals are changing, requiring a re-envi- of what para- would then accredit. ent families. His opinion was sought on every type In California, the State Bar Board has ad- sioning of what paralegals can and should do and a con- opted the resolution of its Limited Licens- of legal need throughout his clients’ lives, whether comitant rethinking of paralegal education. The idea of it was a will, an incorporation, a contract, a divorce. nonlawyer practice has reemerged as a compelling sub- legals can and ing Working Group to “study and develop a He attended his clients’ funerals before probating proposed limited license to practice law….” ject of discussion within the ABA and the infuential State their estates. He was that old-fashioned type of Bar of California, and is ever closer to becoming a reality in should do and And the state of Washington has already counselor that for some reason, although needed adopted a Legal Technician licensing the state of Washington. scheme that holds promise to increase ac- more than ever to help us navigate the complexities This renewed interest is related to the disruption of of modern American life, no longer exists. Perhaps models for delivery of legal services and has spurred seri- a cess to legal services in high-need special- that all went away when the law became an indus- ties like family law. ous nationwide discussions about how to reform legal try rather than a learned profession. education and requirements for entry into the legal pro- In a series of columns, we will address I was a paralegal in a mid-sized Fresno law frm these emerging issues, give examples of fession. This cluster of concerns together with the con- rethinking of changes we are already seeing, and discuss when Black Monday hit in 1987. A decade later it tinuing challenge of providing access to legal services for was the dot-com bubble. During each of those low- and middle-income Americans has commanded the how this rapidly shifting environment is times, attorney jobs disappeared and attorneys afecting paralegals. To be sure, we are attention of legal commentators, educators and the bar. paralegal were suddenly competing, as they are now, for para- Several important books have been written on the already seeing new kinds of jobs appear in legal jobs. But the legal pundits are telling us some- the legal landscape up every day. need to reform legal education and to restructure law education.” As an example, after we decided to write thing is diferent this time, after the Great Recession. practice. Richard Susskind’s The End of Lawyers: Rethinking Something is permanent about the upheaval that is the Nature of Legal Services explains that technology and on this topic, the ABA Journal published happening now, perhaps because the fnancial cri- a list of new and expected jobs, among the commoditization of legal services demand a new way sis was coupled this time with an unprecedented to practice law, one which calls for streamlined law frms them: legal risk manager, legal knowledge explosion in technological capability and ingenuity engineer, expert trusted adviser, consumer and new roles for both lawyers and nonlawyers (Oxford On the law school front, a compelling book, fnancial protection bureau compliance and creative new ways of delivering legal services. University Press, 2008). In his most recent book directed Failing Law Schools, by law professor Brian Ta- . Look at what is available now – all manner of vir- to aspiring and new lawyers, he starts by saying, “Tomor- manaha has brought a clear voice and strong ofcer, internal investigations lawyer, cli- tual paralegal frms have sprung up on the Internet, ent teams specialist, and law frm integra- row’s legal world … bears little resemblance to that of the evidence for the idea that the American providing assistance to small and large law frms and past. Legal institutions and lawyers are at a crossroads, … legal education model needs radical reform. tion coach, wellness expert, and protocol in-house counsel in many states and in many prac- expert. and are poised to change more radically than they have Tamanaha systematically addresses the high - Therese Cannon, Esq. tice areas. There are specialized companies such as over the last two centuries.” He predicts that we will have cost of legal education, unacceptable lev- Novus Law that provides virtual document review, virtual courts and law frms, global legal businesses, exten- els of student debt, a decreased return on a contract management and regulatory flings for law sive legal process outsourcing, and web-based simulated student’s educational investment and blames frms. Attorneys are bemoaning the invention of a practice. (Tomorrow’s Lawyers, Oxford University Press, an antiquated educational model, curriculum, new app called Shake that creates simple contracts 2013) and instructional practices that, among other on an iPhone. 36 37
Last July, I saw a presentation by Dr. Tracey Wilen- Daugenti on The Future of Work. In her skills forecast for 2020, Dr. Wilen-Daugenti defned the following ten work skills that will become essential within the next 5 years: Shifts in traditional roles are “This is not to changing. 1. Sense making 2. Social intelligence say that these 3. Novel and adaptive thinking 4. Cross-cultural competency professions The shifts in practice and the traditional roles 5. Computational thinking previously assumed by lawyers and nonlawyers are 6. New media literacy changing with the shift in the practice of law. In the are being 7. Trans-disciplinary private sector, I have begun to see that both lawyers and nonlawyers are beginning to assess their work at 8. Design mindset 30,000 feet instead of at ground level. 9. Cognitive load management Case and project management is at the forefront of a replaced, 10. Virtual collaboration. client matter to take a broad look and evaluate the case We will look at these concepts in more detail in from a budgetary standpoint, to establish the goals and rather, that future columns. I take comfort in Teri’s and Nancy’s objectives to be achieved, and to closely monitor each assurance that some of these “new” jobs are simply element needed to meet these goals and objectives to new names for what we have been doing all along. ensure work is performed efciently, efectively, timely the I also take comfort in that our profession is not be- and within budget. And it is no longer always the law- ing singled out for change – it is happening in all yer or the paralegal performing each of the elements of sectors and globally. So we’re all in this together! that work. tradition- Both lawyers and nonlawyers such as paralegals and As one lawyer friend said, “the only job security technology support personnel have emerged as project is between your ears” and I think that’s truer now managers. They are being called upon to design work- more than ever. We must all be resilient in the face fow processes and coordinate all of the parts to make al roles are of these coming changes. -Stacey Hunt the processes fow, but they are no longer necessarily called upon to perform the actual work. changing.” “As one lawyer said, The outsourcing of work traditionally performed by paralegals and technology support is becoming more ‘the only job security prevalent in the interest of cost-efective delivery of legal services such as the organization, review and is analysis of electronic documents. This is not to say that We invite you to tell us what you are seeing… these professions are being replaced, rather, that the How has this change afected you and the law- traditional roles are changing. yers, law frms and legal employers, and parale- between your Project management has emerged as a profession gals around you? What jobs do you see dying all its own and many of these practices can be easily away and being created? We will share your ears.’ I think that’s applied to the practice of law. Much of project manage- stories and observations in future columns. ment is what we have been doing all along, however, -Nancy Heller we’re just capturing the roles and responsibilities we truer now more performed previously with a diferent term. The imple- mentation of project management to ensure quality than ever.” and cost-efective delivery of legal services is a value added to the client service team. 38 39
Last July, I saw a presentation by Dr. Tracey Wilen- Daugenti on The Future of Work. In her skills forecast for 2020, Dr. Wilen-Daugenti defned the following ten work skills that will become essential within the next 5 years: Shifts in traditional roles are “This is not to changing. 1. Sense making 2. Social intelligence say that these 3. Novel and adaptive thinking 4. Cross-cultural competency professions The shifts in practice and the traditional roles 5. Computational thinking previously assumed by lawyers and nonlawyers are 6. New media literacy changing with the shift in the practice of law. In the are being 7. Trans-disciplinary private sector, I have begun to see that both lawyers and nonlawyers are beginning to assess their work at 8. Design mindset 30,000 feet instead of at ground level. 9. Cognitive load management Case and project management is at the forefront of a replaced, 10. Virtual collaboration. client matter to take a broad look and evaluate the case We will look at these concepts in more detail in from a budgetary standpoint, to establish the goals and rather, that future columns. I take comfort in Teri’s and Nancy’s objectives to be achieved, and to closely monitor each assurance that some of these “new” jobs are simply element needed to meet these goals and objectives to new names for what we have been doing all along. ensure work is performed efciently, efectively, timely the I also take comfort in that our profession is not be- and within budget. And it is no longer always the law- ing singled out for change – it is happening in all yer or the paralegal performing each of the elements of sectors and globally. So we’re all in this together! that work. tradition- Both lawyers and nonlawyers such as paralegals and As one lawyer friend said, “the only job security technology support personnel have emerged as project is between your ears” and I think that’s truer now managers. They are being called upon to design work- more than ever. We must all be resilient in the face fow processes and coordinate all of the parts to make al roles are of these coming changes. -Stacey Hunt the processes fow, but they are no longer necessarily called upon to perform the actual work. changing.” “As one lawyer said, The outsourcing of work traditionally performed by paralegals and technology support is becoming more ‘the only job security prevalent in the interest of cost-efective delivery of legal services such as the organization, review and is analysis of electronic documents. This is not to say that We invite you to tell us what you are seeing… these professions are being replaced, rather, that the How has this change afected you and the law- traditional roles are changing. yers, law frms and legal employers, and parale- between your Project management has emerged as a profession gals around you? What jobs do you see dying all its own and many of these practices can be easily away and being created? We will share your ears.’ I think that’s applied to the practice of law. Much of project manage- stories and observations in future columns. ment is what we have been doing all along, however, -Nancy Heller we’re just capturing the roles and responsibilities we truer now more performed previously with a diferent term. The imple- mentation of project management to ensure quality than ever.” and cost-efective delivery of legal services is a value added to the client service team. 38 39
Meet KNOW’s New ColumnistsMeet KNOW’s New Columnists Nanc the Paralegal Advanced Com- Nancy Heller, RP y Heller, RP Sr. Paralegal, . Paralegal, Teri Cannon, Esq., at Loyola Law School. Teri is the im- Sr petency Exam ofered by the National Federation of Paralegal Vorys, Sater, Seymour and orys, Sater, Seymour and Higher Education Consultant mediate past Chair of the State Bar of V Associations. Tell us what you are experiencing. Author, Speaker, Educator California Council on Access and Fair- P Pease LLP ease LLP ness and was a member of the State Professional & Community Teri Cannon is a higher educa- Bar’s former Committee on Women Activities Ms. Heller is a litigation Ms. Heller is a litigation tion consultant, working with col- in the Law. paralegal in the Vorys Columbus alegal in the Vorys Columbus Court-Appointee Special Advo- How has this change afected you and par leges and law schools on issues ofce. She works on a variety of e. She works on a variety of cates of Franklin County, Board of ofc related to accreditation, student She is also a member of the Rules c Trustees, 2012-present lawyers, law frms, legal employers, and complex and class action litiga-omplex and class action litiga- achievement, and organizational Advisory Committee to the Com- tion ma Paralegal Today, Editorial Advi- paralegals around you? What jobs are tion matters including toxic tort, tters including toxic tort, change and development. Ms. Can- mittee of Bar Examiners of the State employment, products liability, yment, products liability, sory Panel, 1999-present emplo non has more than 30 years in higher Bar. She was the founding chair of and business and commercial ommercial Zusman Community Hospice, dying and what are new? and business and c education – working in both law the advisory committee for the Law cases.. Wexner Heritage Vil- cases and undergraduate education and Academy at Deer Valley High School, lage, Respite caregiver, in both public and private institu- now in its third year. She has written Ms. Heller . Heller 2004-present [email protected] Ms tions. She served as Executive Vice and spoken widely on issues related has spoken Court-Appointed has spoken President of the Western Association to accreditation, challenges faced by on numer-- Special Advocates of on numer of Schools and Colleges Accrediting higher education, legal ethics, access ous oc Franklin County, Court- ous occa-ca- Commission for Senior Colleges and to legal services, and diversity in the sions on a Appointed Special Stacey Hunt, CLA, CAS sions on a Universities for more than six years legal profession and the academy. variety of ariety of Sr. Paralegal, Author, Speaker v until September 2012. Advocate/Guardian Ad Duggan Smith & Heath, LLP t topics relat-opics relat- Litem, 1994-2011 Licensed to practice law in Califor- ing to the o the Hospice of Columbus, ing t nia, Teri graduated from UCLA with par Respite caregiver, 1994- Stacey Hunt, CLA, CAS is a graduate of the Fresno City College paralegal alegal a BA in Political Science with honors pr 2001 paralegal program and is a litigation paralegal with Duggan Smith & profession ofession and completed her JD with honors such as ethics Pelotonia, Team Vorys Volunteer, Heath, LLP in San Luis Obispo, California. She is the co-author of three such as ethics, paralegal utiliza-, paralegal utiliza- tion, regulation, and paralegal egulation, and paralegal tion, r 2009-present books for paralegals, including her most recent, Evidence Manage- education. She also participates tion. She also participates She joined WASC in 2006 after serving as Dean of the John F. Kennedy Uni- educa The Legal Aid Society of Colum- ment for the Paralegal (Cengage, 2008). versity Law School. Teri was also the Dean of another private law school, the in a number of in-house tr bus, Walk for Justice, 1993-1997 in a number of in-house training aining Director of two paralegal programs and an Associate Dean at San Francisco pr Ms. Hunt currently teaches Civil Litigation in the paralegal program programs for the frm’s paralegals ograms for the frm’s paralegals Jewish Community Blood Donor State University. She was president of the American Association for Paralegal and associa Council, Public Relations Chair, at Cuesta College. She is a past-president of the California Alliance of and associate attorneys. te attorneys. Education, served for nine years as the American Bar Association’s Educational Community Blood Drives, 1993- Paralegal As- sociations and the Con sultant for paralegal program approval, Ms 1997 Central Coast Paralegal Associa- Ms. Heller was an Adjunct . Heller was an Adjunct ten years as Edu- cational Consultant to the Professor in the Capital Uni-rofessor in the Capital Uni- March of Dimes, WalkAmerica tion. She is founder and CEO P State Bar Commit- tee of Bar Examiners, and versity Law School Paralegal ersity Law School Paralegal Coordinator and Participant, 1985 of Ecologistics, Inc., which puts on v served on both the ABA Standing Committee on P -1997 the annual Cen- tral Coast Bioneers Program from 1999-2011 where rogram from 1999-2011 where Paralegals and its Commission. She is the au- she taugh Greater Columbus Arts Council, Conference in San Luis Obispo she taught Ethics and Law Ofce t Ethics and Law Ofce thor of Ethics and Professional Responsibility P and operates the Blue C Commu- Practice and Civil Litigation II: ractice and Civil Litigation II: for Paralegals, pub- lished by Aspen, and now in T Columbus Arts Festival volunteer, nity Garden in Los Osos. She also Trial Preparation and Practice.rial Preparation and Practice. its sixth edition. 1984-1997 serves on the board of directors B’nai B’rith Women of Columbus, Ms. Heller became a Registered . Heller became a Registered Ms Executive Board; Co-Founder, of the Founda- tion for San Luis Paralegal in 1999 after passing aralegal in 1999 after passing P Young Professional Women. Obispo Public Libraries. 40 41
Meet KNOW’s New ColumnistsMeet KNOW’s New Columnists Nanc the Paralegal Advanced Com- Nancy Heller, RP y Heller, RP Sr. Paralegal, . Paralegal, Teri Cannon, Esq., at Loyola Law School. Teri is the im- Sr petency Exam ofered by the National Federation of Paralegal Vorys, Sater, Seymour and orys, Sater, Seymour and Higher Education Consultant mediate past Chair of the State Bar of V Associations. Tell us what you are experiencing. Author, Speaker, Educator California Council on Access and Fair- P Pease LLP ease LLP ness and was a member of the State Professional & Community Teri Cannon is a higher educa- Bar’s former Committee on Women Activities Ms. Heller is a litigation Ms. Heller is a litigation tion consultant, working with col- in the Law. paralegal in the Vorys Columbus alegal in the Vorys Columbus Court-Appointee Special Advo- How has this change afected you and par leges and law schools on issues ofce. She works on a variety of e. She works on a variety of cates of Franklin County, Board of ofc related to accreditation, student She is also a member of the Rules c Trustees, 2012-present lawyers, law frms, legal employers, and complex and class action litiga-omplex and class action litiga- achievement, and organizational Advisory Committee to the Com- tion ma Paralegal Today, Editorial Advi- paralegals around you? What jobs are tion matters including toxic tort, tters including toxic tort, change and development. Ms. Can- mittee of Bar Examiners of the State employment, products liability, yment, products liability, sory Panel, 1999-present emplo non has more than 30 years in higher Bar. She was the founding chair of and business and commercial ommercial Zusman Community Hospice, dying and what are new? and business and c education – working in both law the advisory committee for the Law cases.. Wexner Heritage Vil- cases and undergraduate education and Academy at Deer Valley High School, lage, Respite caregiver, in both public and private institu- now in its third year. She has written Ms. Heller . Heller 2004-present [email protected] Ms tions. She served as Executive Vice and spoken widely on issues related has spoken Court-Appointed has spoken President of the Western Association to accreditation, challenges faced by on numer-- Special Advocates of on numer of Schools and Colleges Accrediting higher education, legal ethics, access ous oc Franklin County, Court- ous occa-ca- Commission for Senior Colleges and to legal services, and diversity in the sions on a Appointed Special Stacey Hunt, CLA, CAS sions on a Universities for more than six years legal profession and the academy. variety of ariety of Sr. Paralegal, Author, Speaker v until September 2012. Advocate/Guardian Ad Duggan Smith & Heath, LLP t topics relat-opics relat- Litem, 1994-2011 Licensed to practice law in Califor- ing to the o the Hospice of Columbus, ing t nia, Teri graduated from UCLA with par Respite caregiver, 1994- Stacey Hunt, CLA, CAS is a graduate of the Fresno City College paralegal alegal a BA in Political Science with honors pr 2001 paralegal program and is a litigation paralegal with Duggan Smith & profession ofession and completed her JD with honors such as ethics Pelotonia, Team Vorys Volunteer, Heath, LLP in San Luis Obispo, California. She is the co-author of three such as ethics, paralegal utiliza-, paralegal utiliza- tion, regulation, and paralegal egulation, and paralegal tion, r 2009-present books for paralegals, including her most recent, Evidence Manage- education. She also participates tion. She also participates She joined WASC in 2006 after serving as Dean of the John F. Kennedy Uni- educa The Legal Aid Society of Colum- ment for the Paralegal (Cengage, 2008). versity Law School. Teri was also the Dean of another private law school, the in a number of in-house tr bus, Walk for Justice, 1993-1997 in a number of in-house training aining Director of two paralegal programs and an Associate Dean at San Francisco pr Ms. Hunt currently teaches Civil Litigation in the paralegal program programs for the frm’s paralegals ograms for the frm’s paralegals Jewish Community Blood Donor State University. She was president of the American Association for Paralegal and associa Council, Public Relations Chair, at Cuesta College. She is a past-president of the California Alliance of and associate attorneys. te attorneys. Education, served for nine years as the American Bar Association’s Educational Community Blood Drives, 1993- Paralegal As- sociations and the Con sultant for paralegal program approval, Ms 1997 Central Coast Paralegal Associa- Ms. Heller was an Adjunct . Heller was an Adjunct ten years as Edu- cational Consultant to the Professor in the Capital Uni-rofessor in the Capital Uni- March of Dimes, WalkAmerica tion. She is founder and CEO P State Bar Commit- tee of Bar Examiners, and versity Law School Paralegal ersity Law School Paralegal Coordinator and Participant, 1985 of Ecologistics, Inc., which puts on v served on both the ABA Standing Committee on P -1997 the annual Cen- tral Coast Bioneers Program from 1999-2011 where rogram from 1999-2011 where Paralegals and its Commission. She is the au- she taugh Greater Columbus Arts Council, Conference in San Luis Obispo she taught Ethics and Law Ofce t Ethics and Law Ofce thor of Ethics and Professional Responsibility P and operates the Blue C Commu- Practice and Civil Litigation II: ractice and Civil Litigation II: for Paralegals, pub- lished by Aspen, and now in T Columbus Arts Festival volunteer, nity Garden in Los Osos. She also Trial Preparation and Practice.rial Preparation and Practice. its sixth edition. 1984-1997 serves on the board of directors B’nai B’rith Women of Columbus, Ms. Heller became a Registered . Heller became a Registered Ms Executive Board; Co-Founder, of the Founda- tion for San Luis Paralegal in 1999 after passing aralegal in 1999 after passing P Young Professional Women. Obispo Public Libraries. 40 41
Search
Read the Text Version
- 1 - 50
Pages:
