At Special Counsel, we have had a great start to the New Year! We have been actively strategizing with our clients, colleagues and friends about the current hiring and staffing challenges and issues we will all face in 2004. We hope to share with you our ideas and strategies and those shared with us by our clients on the best ways to hire, retain and manage your employees, as well as handle your staffing concerns.

In this regard, we are excited to announce the creation of an informal e-mail newsletter to assist you in performing one of your primary functions: staffing your office. Our goal is two-fold: first, we would like to offer you our insight and recommendations on the legal marketplace and staffing in general and second, we would like to share with you the benefits of using a full-service, legal professional staffing firm for your temporary, temp-to-hire and direct hire requirements. We aim to provide you with a newsletter that proves both beneficial and informative. Your suggestions, comments or questions are welcome and we will try to incorporate your thoughts into future editions of the newsletter. Please email us at the following email address: column@specialcounsel.com. On behalf of Special Counsel, we look forward to hearing from you soon!

Wishing you a productive and successful new year,

Jodi L. Nadler
Vice President, Special Counsel

Special Counsel Announces Two Winning Combinations!

---

The Year 2003 proved to be an incredibly exciting one for Special Counsel as we have added two tremendous legal staffing companies to our family. In March 2003, Special Counsel acquired Law Pros® Legal Placement Services, Inc., one of New Jersey’s leading full-service legal staffing agencies. Known for personalized service and quality placements, Law Pros developed a strong reputation as the premier regional legal placement firm in New Jersey over the last nine years.

“We believe that Law Pros offers the legal recruitment and placement experience necessary to provide our clients with top-notch professionals. This expansion allows us to recruit on a much larger scale in New Jersey so we may handle larger temporary staffing projects and a higher number of direct hire requests,” states Debbie Seymour, Special Counsel senior vice president.

“Special Counsel brings added resources and new strengths to our company,” commented Jodi Nadler, co-founder of Law Pros. “We think that the customer focus and market knowledge of Law Pros, coupled with the national scope and resources of Special Counsel, will allow us to exceed our clients’ expectations. Because of the vast knowledge and financial strength of Special Counsel, our recruiting efforts will be more extensive and powerful than ever. That translates into a larger talent pool of experienced legal professionals available for placement.”

In August 2003, Special Counsel acquired LawCorps, one of the leading full-service legal staffing companies in the eastern United States. This acquisition adds significantly to Special Counsel’s client base and strength of personnel in the New York City, Washington, D.C. and Boston markets.

Founded in 1988, LawCorps was one of the first legal staffing firms in the country. It is highly regarded in the industry for its focus on client and candidate service, and its clients include a prestigious list of national and regional law firms and corporate legal departments.

“This transaction solidifies our position as the leading provider of full-service legal workforce solutions,” said John Marshall, president of Special Counsel. “LawCorps has a tremendous client and candidate base, and we are very excited about being able to offer additional services, such as our dedicated document review facilities in Washington, D.C. and New York City and Concise, our Internet-based transcript summary service, to LawCorps' clients. We are also very pleased to welcome to Special Counsel the outstanding managers, business developers and recruiters who have helped make LawCorps such a success.”

LawCorps has a well-deserved reputation for providing the right resource at the right time and for a high level of personal attention to clients and candidates. This focus on the client and candidate is a perfect fit with Special Counsel’s culture, and our combined client base will benefit from the additional candidates and resources we can offer in these important markets.

Organizations that have received honors for being great places to work have offered the following:

• Multitude of programs and policies to support both young families and older workers
• Onsite child care
• Flexible hours or compressed work weeks to promote work/life balance
• Strong investment in candidates for orientation and training purposes
• Elder care resources and referral services
• Overall culture of supporting and valuing human capital.

As a result, these employers are able to attract and keep the best talent in the marketplace.

A high percentage of employees feel overworked and under-appreciated. As recruiters, we hear this almost everyday. Employee loyalty wanes if an employee feels that her hard work goes unnoticed or that she is not really contributing value to the firm. What we have learned is that a simple sense of appreciation for your hardworking staff truly goes a long way. We are all busy and sometimes forget to give compliments or positive feedback to our staff. Praise, whether given privately or publicly, can really make your team member’s day and, in the long run, contribute to employee retention. Here are some very simple ideas:

• Congratulate your employee(s) at a public gathering or in a company newsletter, website or email.
• Write a “thank you” letter to your employee and copy senior management, as well as the employee’s personnel file.
• Highlight to your entire team how a particular staff member’s accomplishments have truly made a difference to your department or organization as a whole.
• Food speaks volumes! Buy your staff breakfast, lunch, ice cream or other afternoon treat as a “thank you” for a terrific job. Advise the team that you are proud of their efforts.
• Give an award and advise not only your firm, but your clients, of the accomplishments of your team member.

Should your recruitment program differ between good and bad economic times?

---

A Short Quiz:

True or False… In slower economic times, hiring authorities should alter their strategies when evaluating candidates for available openings.

True or False…During a slower economy, hiring firms/companies should limit their search efforts to internet job boards/postings because they will be able to hire from the “pick of the litter” in a candidate-saturated marketplace.

True or False…Candidates in the marketplace disregard an employer’s past layoffs because when they need a job, they need a job and will take anything.

---

If you chose “FALSE” for all three statements, you are correct. When the economy is slower, employers tend to be more cautious and selective in their hiring procedures. That’s just smart business. However, as legal employers, you understand that as the recession winds down, you will be back in the market to aggressively hire top talent once again. How you handle your recruitment functions now will have a strong impact on how you are perceived by candidates in the marketplace when the economy shifts into full gear.

Whether in booming economic times or slow ones, employers must always be looking toward the future in terms of their recruiting efforts and processes. You should always be working on recruitment even when your firm is fully staffed. Even when you are not looking to hire immediately, keep your options open when presented with an exceptional candidate. The message you send to the lateral market needs to be clear: “We are always seeking to hire top talent,” notwithstanding a recession.

Employers must understand that the best talent is generally snapped up immediately, regardless of economic conditions. In order to compete, hiring firms must have a streamlined, organized hiring process in place. Decisiveness is absolutely imperative. For some reason, the sense of urgency in hiring seems to be lost by some employers in a slower economic market. This is a tactical error on the part of these employers. As a result, the most talented employees, whether they are active or passive job seekers, will be disenchanted with these indecisive employers and will take their respective skill sets elsewhere.

Employers also get into trouble when they “over-analyze” or spend an inordinate amount of time screening candidate resumes, thereby failing to make prompt decisions on available top talent. Perhaps these employers feel there are better prospects who might come along. However, what appears to be a “candidate-saturated” market is somewhat misleading. Regardless of the number of unemployed candidates out there, the best talent will always be hired quickly and, if you don’t act on that talent, your direct competitor will be the winner in the talent game. This is no different than the reality of hiring in a boom market.

Not only will an indecisive employer lose the top candidates today, but dragging their heels now could have a devastating effect on their future recruitment efforts. As the economy begins to turn around, not only will candidates be wary of firms who had highly publicized layoffs during the recession, but they will be additionally concerned about employers who were hesitant about hiring decisions during these times. They see this behavior as indicative of the firm’s overall hiring strategy. This is a major negative to candidates and, as a result, the indecisive employers will lose out on top candidates both today and in the future.

Our Recommendations for Recruitment Plan and Procedures -- both now and during stronger economic times:

• You must have a swift resume screening process. If you like what you see, act on the resume as soon as possible.
• Create job descriptions which are clear, concise and which discuss not only features of a job opening and skills desired, but also the benefits of working for your organization. Benefits means more than standard benefits like medical and dental insurance. Outline what makes your organization unique and consider why highly skilled candidates would want to work for you versus other employers in the marketplace.
• Be flexible. Notwithstanding the need for specific job descriptions, treat them as flexible. Consider your job specifications as a “wish list.” If you find a phenomenal candidate who meets most of the requirements, don’t simply discount the candidate because every single skill prerequisite isn’t met. Think globally about how the candidate’s overall skill set could benefit your organization. Rigidity in your screening process could prove costly. You want to be known in the employment marketplace as a “smart” hiring firm who sees the “big picture.” And, remember, you also need to find a candidate who is the right cultural fit for your firm. Even if the candidate meets all substantive qualifications, in order to be a successful hire, the candidate must “fit in.”
• Diversify your search efforts. Don’t simply limit your search activities to the Internet. There are a host of limitations in using this medium as your sole source for candidates. You will attract mostly non-qualified candidates and will need to spend countless hours reviewing resumes in the hope of finding a limited number of potentially qualified applicants. Keep in mind that as a general rule of thumb, passive job seekers will be stronger candidates than active job seekers. Passive job seekers are generally not spending time on Internet job board postings or advertisements.
• Strengthen your alliances with legal search consultants since these professionals not only have access to the top talent, they are also privy to intelligence in the employment marketplace. Candidates discuss their concerns and fears about specific employers with their recruiters every day. Ask your outside search consultant, “How is my organization perceived in the employment landscape” and be prepared for honest feedback. Legal search consultants are a great source of exceptional candidates and helpful information for your recruitment efforts. In addition, by maintaining strong ties with your search consultants, you can share your organization’s plans for growth and hiring strategies. This information will be passed on to the candidates with whom the search consultants work. This is an incredible marketing tool for you, as employers. The stronger the ties with your outside recruiters, the stronger your positive message can be conveyed in the lateral marketplace. This is especially important if your organization has endured layoffs and you need to revitalize your reputation to candidates as the economy begins to improve.

Economists are very optimistic about continued economic recovery in 2004. With these positive indicators, employers will be focusing more on filling the gaps in personnel that have been created over the last few “leaner” years. As a result, competition for the best talent will continue to increase. Will you be prepared for the competition?

Paralegals should play a key role in both private law firm and corporate legal teams. If utilized effectively, paralegals have proven to be invaluable players in the provision of legal services in a number of ways: in supporting attorneys in their daily functions; in acting as liaisons between attorneys and their clients, as well as the courts and governmental bodies; and in offering expertise in a number of practice areas in which they have received specialized training. If used successfully, from a pure economic standpoint, paralegals can offer cost savings to consumers of legal services and be true profit centers for your firm.

We have found that there tends to be misconceptions in the legal marketplace as to what paralegals can do. As a result, the uncertainty often leads to the underutilization of stellar talent. As staffing specialists to the legal industry, we interface with overburdened attorneys on a daily basis. What we suggest is that attorneys examine their workload and, where appropriate, delegate substantive responsibilities to their paralegals. Attorneys who utilize their paralegal staff successfully will be rewarded with lower stress levels, quicker turnaround time on projects and a happier department all around. This article highlights what a paralegal can do for your department, explores different practice areas and tasks to which you should assign paralegals and offers some retention advice for keeping your paralegals both happy and motivated within your organization.

If legal employers truly appreciate the capabilities of paralegals, they will understand the intrinsic value of these professionals. First and foremost, paralegals need to be treated as important members of your team. They play a significant role in the delivery of legal services to your clients, both substantively and in the area of client service. Additionally, what attorneys often fail to recognize is that experienced paralegals can often handle the work of a junior associate. This is a win-win-win-win situation. Your clients, paralegals, associates and partners will all be pleased once this concept is embraced. In a climate in which clients are placing increasing pressure on law firm bill rates, clients will appreciate the cost savings by being charged lower bill rates for paralegals performing the same tasks which have been billed at attorney rates in the past. Your paralegals will be pleased because they will be given more meaningful assignments and higher levels of responsibility. Your associates will welcome being utilized for more sophisticated, billable work, and, as a result, will also enjoy greater job satisfaction. Your partners will enjoy a pleasant firm culture in having satisfied both your clients and your professional staff. And, at the same time, your firm will benefit from increased profits because once you have delegated responsibilities to your paralegals, your attorneys will be able to focus on more sophisticated, higher-level billable work.

Paralegals – Who are they and what do they do?

To begin, we must examine the paralegal profession and the capabilities of paralegals. Paralegals are accomplished professionals who have dedicated themselves to a career in the law through both formal education and hands-on experience. They should be treated with respect and made to feel an integral part of your legal team. In fact, an experienced paralegal can be your greatest ally as she understands the inner workings of a law firm and knows how to efficiently and effectively get things accomplished in time-sensitive situations. She can help prioritize details from behind the scenes to ensure that deadlines are met.

The ABA defines a paralegal as “a person qualified by education, training, or work experience to be employed or retained by an attorney, law office, corporation, governmental agency or other and who performs specifically delegated substantive work or which a lawyer is responsible.” As this definition indicates, some paralegals enter the profession through on-the-job training. Others receive formal education from an institution of higher learning. A third category of paralegal includes recent college graduates who are seeking experience in the legal profession prior to applying to law school.

Paralegal Programs, Curriculum and Advanced Training

There are various formal educational opportunities for paralegals. Paralegal studies programs come in all shapes and sizes and are generally affiliated with either four-year colleges or two-year community colleges. Paralegal education programs are often offered in conjunction with a bachelors degree or as a post-baccalaureate certificate program. ABA-Approved Paralegal Programs are generally the most highly respected programs and usually entail a rigorous curriculum. The curriculum provides an in-depth overview of the general practice areas, plus elective coursework in the specialty area of the student’s choice. With increasing enrollment in paralegal training programs, coupled with the overall growth of the paralegal profession, educational institutions are continuously improving their paralegal studies programs by offering students with advance coursework and hands-on, “practical” training. The objective is to train new paralegals to quickly become valuable members of your legal team once out in the workforce.

In a more recent trend, some paralegal education programs are now offering specialized coursework for paralegal school graduates to strengthen their skills in particular practice areas. Additionally, statewide bar associations have begun to offer discounts for paralegals who attend attorney continuing education classes to encourage these professionals to enhance their professional development. Paralegal trade associations also offer advanced training seminars for working paralegals. Employers should encourage their paralegals to continue their education through structured paralegal programs and continuing education courses for two reasons: (a) to encourage individual paralegal professional development and (b) to ensure that your paralegals are up-to-speed on the latest trends in a particular practice area. You will undoubtedly reap the value of these highly trained professionals.

Paralegal Responsibilities

Although each law firm and legal department has their own manner in which they utilize paralegals, there are universal tasks in all practice areas that paralegals are qualified and capable of handling. Below, we have compiled a non-exhaustive list of practical tasks which paralegals are able to manage on a day-to-day basis in common practice areas. Keep in mind, that attorneys should also empower their paralegals to delegate less substantive or clerical work to file clerks or secretarial staff. As a result, the firm will benefit from being able to charge clients for the additional billable work performed by your paralegals and your paralegals will benefit by having the opportunity to handle more rewarding assignments.

It is important to remember that in order for a paralegal to effectively execute an assignment, you must dictate the parameters in a clear and concise manner. It is important to be available for periodic progress meetings to ensure that the assignment is on track. And, of course, once the assignment is completed, be sure to acknowledge a job well done.

Litigation Prepare deposition summaries Perform legal, factual and legislative research File and case management Litigation support Prepare notices of motions Prepare certificates of service Prepare subpoenas Prepare deposition notices Prepare summonses Process discovery requests Prepare trial exhibits and trial lists Trial preparation Draft complaints, answers and interrogatories Review and summarize medical records Perform document review and document coding/indexing Proofread Client intake Act as a liaison with clients Cite-checking Database creation Prepare arbitration statements Corporate Corporate housekeeping Draft proxy statements Draft and review contracts Due diligence review Maintain corporate minute books Prepare articles of incorporation, bylaws and resolutions Prepare closing documents Blue Sky

Real Estate Draft and review leases Obtain title information Prepare pre-closing documents Prepare contract of sale Prepare mortgage documents Prepare post-closing documents Attend closings Review site leases Prepare variance applications Intellectual Property Patent and trademark docketing Prepare office actions Patent/trademark prosecution and litigation Patent and Trademark searches Prepare licensing registrations and agreements

Paralegal Retention

In speaking with paralegals on a regular basis, we hear time and time again why they are unhappy in their current positions and what issues are most important to them. The common theme is that they seek challenging and interesting work, as well as professional respect and acknowledgement for exemplary job performance. Paralegals, like all career-minded professionals, crave challenge and increasing levels of responsibility. If you tap into these desires, not only will you provide your paralegals with a sense of accomplishment and motivation, you will reap the benefits of exceptional work product, as well as employee allegiance.

Furthermore, as mentioned previously, professional development is as important to paralegals as it is to attorneys. By offering both in-house training, as well as opportunities to attend outside training seminars, you will demonstrate to your paralegals your respect for them as professionals and as invaluable members of your firm.

In sum, if you utilize your paralegals effectively by providing challenging assignments, offering continuing education opportunities and demonstrating appreciation for the contributions your paralegals make to your legal team, you will be rewarded with hard work, strong results and employee loyalty. Furthermore, you will see positive results and a strong impact on your bottom line.