Paralegals As A Profit Center: Are You Utilizing Your Paralegals Effectively?

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.