1.  I think legal research is fun.

You heard me correctly – I like to do research.  I enjoy unraveling the issues of a case and finding out what the judicial system has to say about them.  When you cut through the legal jargon, cases are just stories about people.  Someone has usually misbehaved in the story which makes it even more interesting.  Who needs reality TV when you work in the legal world?

2.  I am grammatically paranoid and stickler for detail.

I have a natural inclination toward detailed work and I like grammar.  Now, to be clear, “I am NOT the grammarian about whom your mother warned you.”  You will find errors in every blog post I have ever written.  At times I intentionally break the rules of Strunk and White when blogging, but not in my legal writing.  I enjoy learning tips and tricks for better use of language and grammar, but I am also fascinated by the new culture of professional writing growing in the blogosphere.

3.  I have a weakness for legal drama.

I am going to date myself here, but my first favorite non-cartoon TV show was LA Law.  I don’t watch a lot of TV now, but when I need to veg I usually browse for Law & Order reruns, or the most recent episode of The Good Wife. I can happily plow through a John Grisham novel in a weekend.  Legal movies are some of my favorites with A Time To Kill at the top of the list.

4.  I have a strong sense of justice.

I am not the first born in my family, but I see things in black and white / right and wrong.  I tend to score highly in altruism on personality tests so I truly enjoy helping people, especially those I believe have been innocently wronged.  This attribute lends itself nicely to the legal field and specifically to pro bono work.

5.  I am a believer in the American Justice System.

I hope you did not roll your eyes at this one.  I know the system is not perfect, but it does its job.  The judicial system brings consistency and stability to our society as a whole. I see our legal system working day in and day out in the lives of ordinary Americans.  The courtroom failures the media feeds on are the exceptions, not the rule.

So, are you a legal nerd like me? What makes you one?  There are plenty of you out there, I even know some of your names.  Don’t be ashamed, I would love to hear from you and find out what makes you a legal nerd.

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You should take a serious look at your motives, personality, experience, and finances, just for starters.  I am going to give you the good, the bad, and the ugly on being a freelance paralegal versus being a law-firm-employed paralegal.

I prefer bad news first, so here goes…

• You will not get rich quickly by becoming a freelance paralegal.

It is difficult to come up with an accurate figure for the average income of virtual paralegals because there are so many variables such as experience level and practice area. Additionally, some virtual paralegals work only part-time while others work well over a 40 hour work week.  Simplyhired.com lists the average income of virtual paralegals as $33,000. Ehow.com lists freelance paralegal incomes at a mean annual wage of $48,460.  Keep in mind that as a self-employed person you are responsible for all of your taxes and benefits. You are also not compensated for vacation time or sick days.

• As a freelance paralegal, you don’t get paid for non-billable hours.

As a law firm employee, you earn the same base salary no matter what your billable to non-billable hour ratio may be. As a freelance paralegal, no one is paying you for those non-billable hours, and there are a lot more of them. In the labor intensive start-up phase, all of your time is non-billable. Once your business is rolling along, you can still spend one non-billable hour for every hour you bill. Under the most efficient operation, you will spend about 25% of your time on non-billable tasks. Keep in mind that your income will also fluctuate from month to month unlike a salaried position.

• You pay all of your own expenses as a freelance paralegal.

I know it is obvious that you pay your own expenses, but you may not realize how many expenses there can be. Here is a brief list: business license; Secretary of State registration; web hosting; web design; office equipment; office furniture; phone system; office supplies; paralegal certification; CLE; paralegal association fees; marketing costs; business cards; letter head; technical support; subscriptions; software; computer back up; and many others. These expenses add up quickly and you must have the capital to invest in them before your business is making money.

Now, how about some good news…

• As a freelance paralegal, you can choose what cases you work on.

As a law firm employee, you work the cases the firm decides to take regardless of whether or not you “believe in” the argument you are working so hard to win. As a freelance paralegal you can graciously decline work that does not appeal to you or that you have a moral objection to. Your job satisfaction increases tremendously when you work on cases that you are passionate about. If you would hypothetically do the work for free, you know you are doing work that you love and that you believe in.

• When you freelance, you can set your own schedule.

For many, having control over their work schedule is the single greatest advantage to working as a freelance paralegal. You can set a flexible schedule for yourself to work with family obligations, hobbies, volunteer work, exercise or other commitments. You are still working with deadlines set by others, but when you choose to put in the hours to meet those deadlines is in your control. You can also choose how much vacation time you take and when you take it.

• As a freelance paralegal, you can learn a variety of skills outside of the paralegal world.

As a business owner, you will wear more hats than you ever dreamed possible. In each facet of business ownership, you will gain skills and stretch yourself professionally more than you would as an employee of someone else. You can choose which areas of business ownership you want to master and which ones you want to outsource to others.

The not so ugly, ugly…

• You must have the heart of an entrepreneur to be a freelance paralegal.

The reality is that not just anyone can become a successful freelance paralegal. This is where you must evaluate your motives. Are you looking for an escape from a bad boss or have you always dreamed of running your own legal services business? You may love being a paralegal, but do you love being a marketer, an administrator, an accountant, an office manager and a contract negotiator? This may be one of the most important considerations in deciding whether or not to become a freelance paralegal. Many attorneys face this same dilemma when considering starting their own firms. They may love practicing law, but have no interest in running a business. Give this one some thought.

Photo by Rookie Joe

Let’s start with a typical scenario: A person (now a plaintiff)  is injured, home from work and unable to make ends meet.  She spends a lot of time watching  TV where she is constantly seeing commercials that promise an advance on lawsuit settlements.  As her unpaid bills accumulate, she listens to those ads more closely.  She feels certain she will have a good settlement, but it will not be soon enough.  She needs money now.  The ads say if you don’t win your case you don’t have to repay the money – that sounds like a good deal.  She knows there will be interest to pay, but there is always interest. No one else will loan her money.  Her pending lawsuit seems to be the only asset she can leverage.  She dials the number on the screen, within days she signs some papers and receives a check for some much needed financial relief (at least for now).

In March 2012, The U.S. Chamber Institute for Legal Reform issued a report called, “101 Ways To Improve State Legal Systems.”  Out of the 101 issues addressed, lawsuit lending was number three.  Lawsuit lenders are not subject to the same regulations as other lenders because it is not considered a “loan” when the plaintiffs are not obligated to repay the money if they lose their case.  Georgia usury laws, which cap interest at 60%  for most loans, do not apply. Companies such as Oasis Legal Finance and Law Cash refer to their lending as investments, advances, financing or funding and claim they are not subject to existing lending laws. These lenders typically charge interest rates in the neighborhood of 15% per month, claiming that investing in lawsuits is a high risk.  But are they really high risk?

According to The Atlanta Journal and Constitution, “From 2007 through 2010, 15,530 Georgia residents applied for Oasis funding and the company accepted 5,326, according to company data. To select clients, Oasis considers the strength of a case, whether the plaintiff has insurance, the severity of the injury, the description of the accident and whether the plaintiff has an attorney.”  A 2009 presentation to the Society of Actuaries by the London-based investment firm Peachtree Asset Management showed that losses are “extremely low” because the companies use defense-oriented lawyers to review cases, they assess each lawsuit’s potential worth conservatively and they lend no more than 20 percent of a case’s estimated value.

Let’s take a look at two real, live Georgia residents who used lawsuit lending.  The first is Larry Long who suffered a debilitating stroke while using the pain medication Vioxx.  Mr. Long was facing eviction from his Georgia home while waiting for a settlement from a class-action lawsuit against the drug company.  He borrowed $9,150 from Oasis Legal Finance. By the time he received an initial settlement payment of $27,000, 18 months later, he owed Oasis $23,588, almost the entire sum.

Next is Alvin Waters who was hit by a Volvo while crossing an intersection and was unable to work for over a year due to his injuries.  He drained his savings to pay living expenses during the first six months of his pending lawsuit against the driver.  He borrowed $5,000 from Oasis. Only four months later, he settled his case and owed Oasis $7,500 – a 50% return for the lender.  Had his case taken a year to settle, he would have owed them $11,250 – a 125% return.  Waters regrets his decision but says, “At the time, I was in a desperate spot. These people catch you at your most vulnerable moment.”

Lawsuit lending is not only a problem for consumers, but also for plaintiff’s attorneys, defense attorneys, insurance carriers and the general public.  By bringing in a third party lender, the attorney-client relationship is seriously weakened.  A company with a vested interest in the outcome of the lawsuit will seek to influence strategy, access confidential information, and pressure the plaintiff into holding out for a bigger settlement.  While attorneys have an ethical obligation to represent clients zealously and maintain their confidences, third party lenders are under no such obligation. These third-parties will call an attorney’s legal expertise into question and weaken the trust  clients have placed in their attorneys.  This creates a lose-lose situation for both attorney and client.

Defense attorneys and insurance companies have legitimate concerns about litigation funding as well.  In a report called, “Third-Party Litigation Funding: Tipping the Scales of Justice for Profit,” the National Association of Mutual Insurance Companies states, “As third-party funding increases the volume of litigation, the litigation defense costs that insurers incur will increase as well.  This, in turn, will cause premiums to rise.”

As this industry has grown to lending plaintiffs more than $100 million a year, it is time for states to take its regulation seriously.  Currently, only a handful of states have consumer protection laws specifically regarding litigation finance, but the issue is being debated by state bar associations and legislatures across the county.  There are pending bills regarding litigation funding in several states, and even more pending law suits in states where some type of regulations have been enacted.

At the recent 12^th Annual Legal Reform Summit, Georgia’s own former attorney general, The Honorable Thurbert E. Baker called lawsuit lending a “huge problem.”  He went on to say, “We have to make sure lawyers understand their professional responsibilities to the client.”

I agree and I believe we all need to keep our eyes wide open on this one.

Photo credit 

The Paralegal Job Market

When I was finishing my paralegal studies program in Georgia at the National Center for Paralegal Training in 1992, everyone had an excellent chance of finding an entry-level paralegal position within six months or so.  I had two job offers before graduating, without even looking.  A legal secretary that I met at a bridal shower had an opening at her firm.  I sent her my resume; she passed it along; I interviewed; I got an offer.  The other offer came from a firm that conducted interviews right at the paralegal school.  At the time, many firms recruited paralegals straight from the program.  Today, the paralegal job market is fiercely competitive with very few entry-level openings.

Legal Technology

I don’t have room to count all the ways technology has changed the paralegal world, so I will only highlight a few.  The first one that comes to mind is legal research.  I was taught to do research the old fashioned way with volumes of ten pound books that now only serve as backgrounds for law firm videos and photographs.  The small firm I worked for after graduation did not have an extensive law library so I would go to the library at the nearest law school where I would fill a table with books then keep the copy machine busy with all of my finds.

One of my other duties at that firm was dashing off to the courthouse to have documents filed and stamped minutes before the deadline.  Electronic filing is a huge improvement. Unfortunately, it has not eliminated the last minute rush, but hitting send is much easier than sprinting to the clerk’s office.

A relic of the paralegal profession is the manual Bates stamp.  Yes, I have used one, many times.  We should have a club for paralegals who go all the way back to Bates stamping days.

Technology has changed many other things such as communication, e-discovery, document storage, trial presentations, and document assembly.

 Paralegal Careers, Education, Certification, and Regulation

Even though the job market is tougher today, there are more career fields paralegals can go into today than ever before.  Federal, state and local governments utilize paralegals in a larger variety of capacities; corporations commonly use paralegals for compliance issues and contract administration; and law firms have learned to delegate more substantive legal work to paralegals to maximize profits.

Paralegal education programs  have proliferated as the U.S. Department of Labor consistently predicts growth for the paralegal profession.  There are short on-line programs, associate degree programs, bachelors degree programs, post-graduate programs, master’s degree programs, and continuing education programs.  Options are great to have, but not all programs are created equal.  It becomes difficult for prospective employers to know what to expect from new graduates when there are no set educational standards within the profession.

There are also more options today for paralegal certification.  The major, national paralegal associations have done an excellent job in setting high standards for their various certification credentials.  Many states have also taken on forms of state-specific credentials for paralegals.  Florida and North Carolina in particular provide examples for other states to follow.  Paralegal regulation and licensing are of course ongoing debates.  I will save that one for my next anniversary post.

I am proud to work in such a diverse, exciting and growing profession.  Paralegals make a difference in lives; we have an impact on our world.  I am looking forward to the next twenty years…

Over to you, what changes have you experienced in the paralegal profession during your career? Celebrate my anniversary with me and tell me your stories. I can’t wait to hear from you.

Cake photo by carabou

Bates stamp photo by Joseph Robertson

1. Peace of Mind.  When things get busy there is always that nagging fear that you will miss something; a deadline will fall through the cracks; an important meeting will not make it to your calendar; or there will simply not be enough hours in the day to complete all of your client work with the quality you strive to provide.  You may think you are saving money by operating on a short staff, but if the quality of your work suffers, you put your reputation on the line, not to mention the increased risk of a malpractice claim. As the song goes, “There is no dollar sign on a peace of mind.”

2.  Scalability. You can scale the number of hours you use a virtual paralegal according to your needs.  Everyone’s work volume fluctuates over time, but attorneys working in litigation experience much more drastic swings in their work flow than other professions.  This makes working with a freelance paralegal the perfect option for litigation practices.  You pay for only the time you need, only when you need it.

3.  Profitability.  Freelance paralegals are a profit center for law firms.  As an independent contractor, a freelance paralegal is less expensive than paying for taxes, benefits, vacation time, sick time, and other costs associated with a traditional employee.  Firms typically bill their clients at double the hourly rate of what they pay a freelance paralegal, making a instant profit from the arrangement.

4.  Rainmaking.  When attorneys are consumed with just keeping deadlines met and existing clients pleased, they fail to “feed the pipeline.”  All solos and small firms feel the constant tension between time devoted to the legal side of a practice versus time devoted to the business side of the practice.  Neither of these can be neglected if a firm is going to survive long-term. Delegating tasks to a contract paralegal can help provide balance and free attorneys up to prioritize tasks to make sure they are using their time for the best value possible.

5.  Attorneys need a team at times.  Even the best and most efficient attorneys need more support and team work at certain times. Preparing for a hearing, mediation or trial can be a daunting task for a solo or an attorney with limited support.  Many times you need “another pair of eyes and ears” for feedback, proofreading, strategizing and maintaining your sanity during crunch time.

6.  Your clients need attention.  Clients appreciate returned phone calls, answered emails, and updates on their cases (even when nothing is happening). This is essential to overall client satisfaction, gaining referrals, and earning a great reputation.  But, do you have time to add this to your juggling act?  A freelance paralegal can manage this essential, yet often neglected part of running a successful practice.

7.  Avoid attorney burnout.  It is not a myth, it is a fact.  Many attorneys experience burn-out, but it can be avoided.  You should work to live, not live to work.  If this seems impossible to you, make some changes now.  Delegating appropriate tasks to a virtual paralegal can alleviate enough responsibilities to give you a life outside of the practice of law. It could actually save your sanity and your career.

I offer experienced and efficient paralegal support.  I have limited availability so get in touch immediately to move your practice forward.

I also offer a referral reward to legal professionals who recommend my work to firms that become clients.

Photo credit to stevendepolo.

The Office for Victims of Crime has held a National Crime Victims’ Rights Week (NCVRW) each April since 1981 to promote victim’s rights by educating the community, honoring crime victims, and recognizing those who advocate on their behalf.  For 2012, that week is April 22-28 and the theme is “Extending the Vision: Reaching Every Victim.”

I would like to share a few crime statistics with you from  The National Crime Victimization Survey.  Remember, these are not just numbers they are people.  These people make up your community, your world.

• During a one-year period, 60.6 percent of children and youth from birth to 17 years of age experienced at least one direct or indirect (as a witness) victimization.
• During 2010, 92,865 persons over the age of 65 were victims of violent crime.
• Youth ages 12 to 19 with disabilities experienced violence at nearly twice the rate of those without a disability.
• During a one-year period, 3.4 million people ages 18 or older in the United States were stalked.
• According to the U.S. Department of State, there “are as many as 27 million men, women and children” in forced labor, bonded labor, and forced prostitution around the world.
• During 2009, approximately 1,770 children died due to child abuse or neglect. 80% of those were under four years of age.
• More then 25% of persons with severe mental illness had been victims of a violent crime during a single year, a rate more than 11 times higher than that of the general population.
• Of female murder victims in 2010, 37.5% were killed by a husband or boyfriend.
• In 2009, there were 10,839 alcohol-impaired driving fatalities (32% of all traffic fatalities).
• In 2010, an estimated 8.1 million adults became victims of identity fraud, down from about 11 million in 2009.
• In 2010, victims age 12 or older experienced a total of 188,380 rapes or sexual assaults.
• In 2010, 9.5% of 8th graders, 18.5% of 10th graders, and 23.8% of 12th graders reported illicit drug use in the past 30 days.
• Of 2010 workplace homicides, 79.3 (401) were shootings.

Now, remember that only about half of crimes committed are actually reported.

As legal professionals, but also as human beings we need offer our help to those who are in these difficult situations.  My friends and regular readers know that I advocate doing pro bono work for both professional and altruistic reasons, but here is a selfish reason: it gives you perspective.  Whether life is a bowl of cherries or the pits for you right now, you will gain a healthier perspective on life, yourself, and the world as you help someone else make their life a little better.

Life perspective is powerful; it affects everything you think, do and say.  Who or what is influencing your perspective? If you need to shift your perspective here is a shortcut: help someone less fortunate than yourself (it’s cheaper than therapy).

If you don’t sharpen your paralegal skills now, you will hate yourself later.  No matter how much or how little experience you have as a paralegal, you need to always be moving forward by acquiring more skills to make you as indispensable as possible.  In this article, I am going to share  a great resource for litigation paralegals; some very exciting news; and a discount code.  Please note that I am sharing this information for your career advancement; I do not have any affiliation with theses resources and do not receive any type of remuneration.

Last week I attended the Georgia Association of Paralegals  Spring Seminar where I soaked up lots of great information during a condensed version of  “Litigation Paralegal Boot Camp.”  The class was taught by Ann Pearson, a highly experienced litigation paralegal and former paralegal manager.  The single most impressive aspect of the boot camp was the absolute practicality of the material.  The  boot camp provided real-world, in-depth, and highly-effective skills for paralegals. I immediately knew I wanted to share this with my readers.

The Litigation Paralegal Boot Camp will be holding workshops in Charlotte, Atlanta, New York, Chicago, and Jacksonville.  Essential Skills Workshops include the following topics: case management principles; drafting discovery; deposition preparations; document reviews and productions; privilege logs; pretrial preparation; the paralegal’s role at trial; time entry drafting skills; and paralegal career advancement.  Click here for more information.

There are also upcoming Online Boot Camps:  E-Discovery Project Management for Paralegals on April 24;.  Trial Preparation Skills for Paralegals on May 1; Becoming the $100,000 Paralegal on May 8; and Managing the Document Review Project on May 10. You can register here.

Additionally, Pearson Resource Management is kindly offering my readers a savings of $20 on any boot camp event, live or online.  Simply enter LegalKick20disc (case sensitive) at checkout.

Now for some exciting news…PRM will be awarding a scholarship for each of its live workshops in the cities listed above.  The application process includes a short essay on why you chose the paralegal profession and how you would “pay it forward” to the profession if awarded the scholarship.   It is a great opportunity for the unemployed or  those whose employers do not pay for training and continuing education. You can find more information here.

Remember, we all need to invest in our paralegal careers. Don’t miss any articles that will help you further your paralegal career.   Subscribe to the Atlanta Paralegal Services blog here and receive free updates  I always respect your privacy. 

I used to sit in Atlanta traffic each morning and dream of becoming a freelance paralegal (it was 1992 so “virtual” was not an option).  In 1994, I began drafting a business plan to make my dream a reality.  The only resources I had to work with were for small business start-ups in general.  There was nothing available for paralegals specifically.  I would have paid dearly to have an hour to pick the brain of a successful freelance paralegal.

The resource I am making available  gives you an hour with four successful virtual professionals and it is FREE.  I was very honored to be included in this amazing group.  I had a great time hearing  professional advice from my colleagues and how they launched their businesses.  You are going to love this!

The Virtual Professional Round Table is hosted by Vicki Voisin, and features Tina Marie Hilton, Charlene Tope,  Cathy Ribble, and Misty Sheffield (me). You will learn how we started our virtual businesses and built them from the ground up; how we market our services; the equipment we needed for start up; and our start up costs.

If you find this resource helpful, you can subscribe to the Atlanta Paralegal Services blog here and receive free updates to further your paralegal career.  I always respect your privacy. 

Now here is the link to access The Virtual Professional Round Table.  I hope you enjoy it. Don’t forget to leave me a comment and let me know if you found this resource helpful or if you have suggestions for more resources similar to this one.

Link to The Virtual Professional Round Table

This video will show you five ways you can invest in your paralegal career to insure that you are moving in the right direction.

If you are receiving this by email, you can watch the video on YouTube: 5 Ways To Invest In Your Paralegal Career.

If you found this video helpful, subscribe here so that you don’t miss out on ways to improve your paralegal career.  The subscription is free and your privacy is always respected.

I am referring to healthy hate, not embittering, ugly hate.  Not sure what healthy hate looks like?  Well, generally what we fight against and resist are the things we have a healthy hatred for.  Here are a few examples. Perhaps you love dogs and you hate the reality of  dogs being euthanized.  This healthy hatred could motivate you to volunteer at a dog adoption project.  Or, you hate seeing children shuffled through the courts and foster care system so you decide to work with CASA.

I once took my daughter to see Dr. Leila Denmark, a locally famous pediatrician. Dr. Denmark was 98 years old when we met her and still running a thriving practice, the old fashioned way.  When Dr. Denmark was a young pediatrician there was no cure or vaccine for whooping cough (pertussis). During an outbreak of whooping cough she saw a family lose six of their children, who were her patients, within one week.  She began to passionately hate this sickness as she saw more lives lost.  She shut down her practice for six years to work diligently on developing a vaccine. She did not have a grant or any type of funding other than her husband’s income.  Because she hated passionately, hated wisely, and hated well, she successfully developed a vaccine that has saved the lives of countless children. She practiced medicine  until the age of 104 and is now 113.

I have worked as a freelance paralegal for many attorneys who are successful because of their passionate hatred of injustice.   When they meet a person who has been truly wronged they don’t see dollar signs as the stereotype would suggest; they see an opportunity to use their hatred of that wrong to help the person.  I have worked on cases where I have developed a hatred for the wrong that was done. They may not have been on an Erin Brockovich scale, but they are my favorites, because I worked on them with passion.  I would have done the work for free.

I strive to be motivated and driven by my passions without becoming a slave to them.  I carefully choose what to hate and what to love.  What about you?  Did a healthy hatred of something direct your career path?  What work would you do for free if necessary?  Do you hate well?