THE EFFECTIVE UTILIZATION OF PARALEGALS IN CORPORATE LEGAL DEPARTMENTS. Maurice S. Byrd, Esq. Executive Legal Consultant

Transcription

1 THE EFFECTIVE UTILIZATION OF PARALEGALS IN CORPORATE LEGAL DEPARTMENTS Maurice S. Byrd, Esq. Executive Legal Consultant

2 Today s Presentation The Evolution The New Normal Paralegal The Value and Challenges Model Utilization Initiatives Ingredients for Success 1

3 Trends Reshaping the Legal Profession 1. Technology (computers, gadgets, networks, Cloud, etc.) 2. Electronically stored information (ESI) electronic discovery. 3. Paralegal Utilization 4. Online/computer assisted legal and investigative research 5. Social Media 6. In-house /Outside Counsel Models 7. Multi-generational workforces 8. Virtual Law Offices 9. Work-Life Balance 10. Globalization 11. Outsourcing 2

4 The Evolution of the Paralegal Profession Late 60s Significant efforts to increase access to legal services and reduce poverty. Early non-lawyers were legal secretaries s ABA take numerous actions to solidify the role of legal assistants/paralegals. Associations such as NALA, NFPA, and others are created. ABA develops educational standard for accreditation s ABA adopts Model Guidelines for the Utilization of Legal Assistant Services Several major legal departments create utilization models. Four states require paralegal certification. Today Over 280,000 paralegals in U.S. Paralegals are utilized for an unprecedented variety of legal activities and tasks. ABA reviewing model accreditation requirements and modifying utilization guidelines. 3

5 THE CURRENT LANDSCAPE 4

6 The Current Landscape Today, paralegal s represent significant contributing members of the majority of legal organizations in the country. Over two-thirds of all lawyers utilize the services of paralegals. The median annual salary for paralegals is $46K. The paralegal profession is expected to grow 17%* between 2012 to * U.S. Department of Labor s Bureau of Labor Statistics 5

7 The Traditional Paralegal Paralegals may be delegated any task normally performed by a lawyer, with the appropriate supervision, with the exception tasks proscribed by law. Analysis reveals that, over the last couple of decades, traditional tasks of most paralegals have moved beyond administrative. TRADITIONAL ACTIVITIES/TASKS Reviews and organizes client files Legal research Prepares documents Drafts pleadings Processes discovery notices Interviews internal clients and witnesses Administers subpoenas See the ABA Model Guidelines for the Utilization of Paralegals Services 6

8 The New Normal for Paralegals TRADITIONAL NEW NORMAL ACTIVITIES/TASKS Reviews Electronic and discovery organizes coordination/management client files Legal Risk assessment research coordination Prepares Merger and documents acquisition due diligence Drafts Compliance pleadings project coordination Processes Litigation activities discovery i.e. notices drafting, trial prep; etc. License Interviews and internal contract clients coordination and witnesses Patent Administers and trademark subpoenasmonitoring As the paralegal profession evolved, so has the education, skill, and experience levels. In addition to the traditional tasks, the capabilities and utilization of paralegals are being utilized to accomplish unprecedented legal tasks.* High performing legal departments have expanded the utilization of paralegals. *See the ABA Model Guidelines for the Utilization of Paralegals Services 7

9 TRADITIONAL ACTIVITIES/TASKS NEW NORMAL ACTIVITIES/TASKS Reviews and organizes client files Legal research Prepares documents Drafts pleadings Processes discovery notices Interviews internal clients and witnesses Administers subpoenas Electronic discovery coordination/management Risk assessment coordination Merger and acquisition due diligence Compliance project coordination Litigation activities i.e. drafting, trial prep; etc. License and contract coordination Patent and trademark monitoring 8

10 PARALEGAL UTILIZATION VALUE 9

11 We all know today s deal corporate legal departments are expected to accomplish more with less. Corporate Legal Initiatives As the demand for legal services increases. so has the legal department s workload. As a result, legal management teams are seeking solutions meet these demands. 10

12 Modified outside counsel relationships. Corporate Legal Solutions Contracting/Outsourcing. Outside counsel activity migration. Technology integration Effective Paralegal Utilization 11

13 The Paralegal Utilization Value Proposition When effectively utilized paralegals significantly contribute to accomplishing these initiatives by: Maximizing productivity while delivering efficient legal services. Improving the delivery of client services. Freeing up time for counsel to work on other client matters. Enhancing office organization and workflow efficiencies. Assist in cost effectively delivering legal services. 12

14 UTILIZATION CHALLENGES 13

15 Challenges Impact Effective Utilization Overall, the legal profession continue to embraces the value paralegals. On the other hand, in some organizations, the effective utilization of paralegals has presented challenges and barriers to success. 14

16 Challenges and Barriers Role confusion Attorney fears Cultural barriers Lack of core business skills Training and education Ethical considerations Professional development Career development Trust, empowerment, respect 15

17 Role Confusion There is some confusion regarding a paralegal s role and responsibilities. Interpretations may vary from being a highly qualified administrative assistant to a skilled legal professional. Diverse interpretations may be based on an organization s (1)structure, (2) job descriptions, (3) departmental culture, and (4) leadership. 16

18 Attorney Fears There s a very small minority of attorneys who believe the effective utilization jeopardizes their roles. While this apprehension is not supported by any data, the paralegal profession is predicted to grow at a rate much higher than attorneys (17% to 10% by 2022). In instances where these fears exist, effective paralegal utilization is compromised. * U.S. Department of Labor s Bureau of Labor Statistics 17

19 Cultural Barriers Most legal departments have and identifiable culture* with philosophies, values, and behaviors; in most instances, creating a positive and productive work environment. On the other hand, some legal department cultures present significant challenges to effective utilization. For example, there may be a department philosophy requiring attorneys to perform specific tasks paralegals are capable of accomplishing. *Defined as the philosophy, values, behavior, etc., that together constitute the unique style and policies of an organization. Dictionary.com;

20 Lack of Core Business Skills An attorney s lack of core business skills may impact utilization. Examples include: The failure to identify tasks that may be delegated. Performing tasks without delegating the task to a capable paralegal. The failure to implement project/task/matter management skills. Failing to know when to include the paralegal in the huddle. Inadequate communication skills. 19

21 Paralegal Training & Education The emergence of the paralegal profession has caused an increase in the number and availability of paralegal schools. These paralegal programs may vary in accreditation, curriculum standards, and graduation requirements. Many of these programs are not accredited by the American Bar Association. The absence of training and education uniformity may impact utilization. 20

22 Professional Development Professional development is an essential component to the effective utilization of paralegals. The lack of development opportunities impedes utilization initiatives. Attorneys are required, in most jurisdictions, to participate in continuing legal education programs. There are no such requirements for paralegals. 21

23 Professional Development A significant challenge is the limited availability of external professional development opportunities designed for paralegals conferences for example. In addition to limited availability, participation is often cost prohibitive. A few organizations implement internal programs specifically designed for paralegals. 22

24 Ethical Considerations Attorneys are ultimately responsible for the conduct of paralegals. Any missteps may result in violations and possible discipline.* Some attorneys are hesitant to risk the possibility of violations and may not delegate certain tasks to paralegals. *See, Rule 5.3 of the Model Rules of Professional Conduct. 23

25 Ethical Considerations The ABA*, the NALA, the NFPA, and other associations have developed guidelines for attorneys and paralegals. Legal departments must provide training on the guidelines of professional responsibilities. *See, Rule 5.3 of the Model Rules of Professional Conduct. 24

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27 Career Development Career development is a challenging element to effective utilization. It is imperative that paralegals are provided the opportunity to grow professionally and in their careers. Career development opportunities enhance effective utilization in the legal department, as opposed to loss of talented paralegals to other departments/organizations. 26

28 BUILDING AN A TEAM TOGETHER Best Practices 27

29 Effective Utilization Models The majority of corporate legal departments have indicated that the effective utilization of paralegals is a major priority. Many are exploring methods to integrate an effective utilization program. Although there are numerous methodologies and concepts, there are several notable models. 28

30 The DuPont Model Over the last 20 years, one of the most celebrated effective utilization of paralegals programs is the DuPont Corporation Legal Model. The goal of the model is to effectively utilize 60+ paralegals to maximize efficiency. The model implements a protocol for delegating responsibilities and tasks to paralegals commensurate with their skills. 29

31 The DuPont Model The strategy focuses on an early case assessment methodology designed to resolve business problems, as opposed to processing lawsuits. Several corporate legal departments have emulated the DuPont Model. The Association of Corporate Counsel has included the model as part of its ACC Value Tools. 30

32 The FedEx Model FedEx created a utilization model based on its initiative to migrate their legal activities in-house. FedEx s in-house practice model was created to retain core and some complex legal matters, as opposed to routinely sending to outside counsel. The goal was to develop a legal team that delivers high quality work designed to prevent litigation by solving problems as inexpensively as possible. 31

33 The FedEx Model The model is designed to develop subject matter experts and practice specific paralegals, as opposed to generalists. The model utilizes paralegals to their full potential on all levels of a legal matter, including leading internal investigations, document drafting, representation in administrative proceedings. etc. Utilization is measured by performance, accountability, and cost containment. 32

34 The Paralegal Excellence Program In 1994, LexisNexis introduced the Paralegal Excellence Program to assist our valued corporate legal clients. The PEP provides legal management consulting and professional development for paralegals in developing a model. 33

35 PEP Participants 34

36 The Paralegal Excellence Program Model The PEP model focuses on: Skill, Experience, Productivity, Risk Mitigation, Career & Professional Development, Opportunity and Cost Effectiveness 35

37 The Paralegal Excellence Program Model The PEP model methodology focuses on: Implementing a recruitment and hiring strategy designed to target uniquely skilled and experienced paralegals prepared to transition into highly performing roles. Developing and implementing practice-specific work/task utilization guidelines. Creating and implementing a professional and career development program that supports effective utilization. 36

38 CONSIDERATIONS FOR PARALEGALS 1. Assist counsel in identifying tasks and activities you may assist them in accomplishing. 2. Practice good project/task management skills 3 Assist counsel facilitate effective delegation by (a) sharpening listening skills; (b) asking appropriate questions; (c) ensuring that you understand the deliverable. 37

39 CONSIDERATIONS FOR PARALEGALS 4. Develop good communication skills speak well-write well. 5. Be a good team member in the huddle by contributing with solutions. 6. Embrace empowerment and do not be afraid to lead. 7. Do not be afraid to take on new challenges. 38

40 CONSIDERATIONS FOR PARALEGALS 8. Become a subject matter expertise. 9. Recognize and appreciate the importance of producing the best work product possible. 10. Take ownership for your own professional and career development. 39

41 Key Ingredients for Successful Utilization 40

42 Key Ingredients for Successful Utilization Recruitment and Hiring The organization recruits and hires highly skilled, well trained, experienced, motivated, and mature paralegals. Appropriate Level and Quality of Work is Delegated Delegated tasks as meaningful, substantive legal work as opposed to administrative activity. Comprehensive Involvement The paralegal should be completely involved in understanding matters/tasks and involved in all aspects of the case. 41

43 Key Ingredients for Successful Utilization A Collaborative Relationship Between Attorney and Paralegal attorneys and paralegals must collaborate and work as a team. Trust and Empowerment Exists Attorney demonstrates trust in the paralegal s ability to contribute, and empowers him/her. Expanded skills and training The organization provides programs that increasingly develops the paralegal s capabilities. 42

44 Key Ingredients for Successful Utilization Paralegal Leadership Paralegals demonstrate leadership abilities. Management s Continued Support Management leads in encouraging, guiding, and prioritizing utilization. Professional and Career Development Opportunities Make sure programs exist that provide opportunities for paralegals. 43

45 Key Ingredients for Successful Utilization A Structured Paralegal Program An organized program is designed to provide growth opportunities and is managed by a dedicated leadership team. Individual and Mutual Responsibility Paralegal(s) are, individually and mutually, responsible for their professional and career development 44

46 For additional information contact: Maurice S. Byrd, Esq. Executive Legal Consultant 245 Peachtree Center Avenue Suite 1900 Atlanta, Georgia Office: Mobile: