Paralegal is Judged by Writing Skills

In the career of a paralegal, research and writing become important with reference to research he or she is expected to do.




You are judged and measured by the way you write presentations (resumes and cover letters). So, too, your oral presentations (interviews and phone contacts and networking) are statements about you, your professionalism, and your education. In much the same way, your memos, correspondence, reports, and drafting all reflect upon you. People form strong negative and positive images of others before they meet them, by way of their work product. Take care to write clearly and well. Organize your thoughts. Do not carelessly frame your written communications. You will be judged by them.

Hopefully, you will be involved in the formulation of the discovery plan. With new rules of discovery on the scene, be aware of local adaptations and permutations in your state and understand the rules regarding discovery. You will be asked to assist in the preparation of requests for admissions, production of documents, interrogatories, and discovery motions. You will certainly be involved in organizing, assembling, reviewing, and labeling documents pertaining to these matters.

Create witness files, and file every single communication you have with those witnesses in those files. Paralegals are often asked to meet with clients and assemble all client documents. It is at this time when you will get a look at privileged documents and documents that will fall under relevancy questions.

As documents are produced you will see an astonishing array of filing that will automatically be created. New rules are designed to simplify document production and discovery issues, but it still lies at the paralegal's door to know: what documents came to us from them and when, what documents were not sent to us when requested by us, what documents were sent to them and when, what documents were not sent to them and why, and what further information would be important to know.

Depositions

Depositions are complicated because you are attempting to stage pretrial get-togethers in which everyone must be represented. Depositions are crucial because they can be used as evidence, and they can be fraught with tension. But when someone does not show up, the pretrial get- together must be canceled, and everyone is irritated. So there is much work for the paralegal here. First, the initial work is all on the phone.

Everyone must agree on times and places and participants. Then prepare subpoenas and notices of deposition, help draft potential deposition questions, attend depositions (if requested) and take notes, get copies of depositions and summarize them according to firm/attorney format, and follow up on need for depositions with attorneys as deadlines approach.

If interstate travel is involved, all of these previous points become even more problematic. Logistics is everything with depositions. Remember: Original Depositions must be kept and filed for potential use in trial.

Pretrial

In the pretrial phase, paralegals start to really earn their keep. Pressure builds to focus on key testimony. Perhaps last-minute depositions need to be summarized. Summaries of key witness testimony may be demanded and an initial trial exhibit list will be forming from deposition exhibits, affidavits, expert witnesses, and interviews. The paralegal becomes deeply involved with filing Disclosure Certificates and Trial Data Certificates (pretrial certificates), and could be attending hearings, conferences, and settlement meetings. If so, you will be taking notes and, later, preparing follow-up materials.

The preparation of special demonstrative exhibits often falls to paralegals. At this time, many duties fall to you. Attorneys count on paralegals to stay in touch with clients and take care of loose details and follow-up items. They look to them for advice about the psychology of certain approaches in testimony, or exhibits, or lines of argument. Often they are not looking for an "expert's opinion" as much as for a fresh (but informed) point of view. Remember that you will be relied on to be a professional and a steady force as trial nears.

Trial Notebooks and Trial Exhibits

These special areas of strong paralegal activity are a "work in progress" all the way up until deadline. You must be sure to prepare them with care and according to instruction-this is no time for Amateur Hour.

Assemble them with all of the best office materials you can get.

Trial notebooks are intended to be an outline of the sequential presentation of the case. Attorneys will tell you what should go in, but you should be armed with your lists, indexes, and summaries so that you will be able to help. Paralegals exhale with fatigue when the subject of trial notebooks comes up, not because they are intellectually impenetrable masterpieces, but because the time issue is most always involved, and then along with that there are sudden changes. These two elements make the paralegal's role very important. Be assured that the firm notes the effort that goes into late night episodes and shortened or obliterated lunch (and dinner) hours. (Overtime in many cases is paid in these situations.)

Settlement or trial

Your responsibilities in trial will vary widely. Some paralegals enjoy "second chair" kinds of responsibilities. Some are not involved at all. If you do get to participate in a trial, prepare yourself emotionally. Be ready to concentrate and to experience intense feelings. Some trials can be tedious, but others can really be the fulfillment of months of anticipation.

Remember, all of these litigation processes can be arrested at any time by a sudden settlement. The build-up before trial is exhausting for all concerned. Mentally, emotionally, physically, and psychologically you become geared up. The whiplash that a settlement can cause on trial preparation momentum is tremendous. If settlement does occur, you will not be left without work; they may have you assist with the settlement agreements and releases, and work on stipulations and motions. But all through the litigation process, settlement talk can be heard:

"There's no way this is going to settle."

"I can't believe they won't settle."

"What I could do with half a million."

This kind of talk should not keep you from preparing like you are going to have to go to trial when it is scheduled. At trial, if you are given a full complement of assignments, you will be involved in all or parts of the following:

• Subpoena preparation
• Voir dire assistance
• Jury instructions drafting
• Witness and expert "stage management"
• Taking notes and tracking of exhibit numbering and rulings during trial
• Meetings about strategy and witnesses

Though not all paralegals can sit "second chair" at a trial, there are those who have done so, and the drama can be truly stimulating. The whole process of being involved in a trial from pre-complaint days to post-trial and appeal can take years and hold a bundle of exciting memories and unforgettable images.

Post-trial

Sometimes you can feel that a case will never go away. The appeals process can truly give you that sense. You should be prepared to summarize trial testimony from your notes, help with post-trial motions, and work with the bills and costs.

Do not forget to go straight to your Rules and schedule a timetable for the appeals process. Research may be in order if requested. You may be asked to assist with briefs, shepardizing , and other matters, such as the designation of appeal and the drafting of the notice of appeal.

Observations about the litigation process

Litigation includes every practice area, and specialty practice areas, such as Bankruptcy, Real Estate and numerous other categories, share some common elements. That is why many of the observations made about the litigation paralegal can and do apply to all paralegals. The issue of time is ubiquitous in the law. A paralegal who neglects issues of time in any practice area will suffer. Organization and scheduling and document retrieval are also universally applicable to all paralegals. Further discussions about paralegal positions in various specialty areas and practices will focus more on the specifics of that job, but keep in mind that all paralegal jobs are concerned with schedules, filing dates, and due dates; that all paralegal jobs focus on documentation (its acquisition, labeling, organization, indexing, and quick retrieval). This may sound too obvious, but many graduates of paralegal programs get focused on grades, legal theory, issue argumentation, and the hustle and bustle of a busy job - and forget the basics. This they do at their peril.

Let us look at some basic paralegal job descriptions from other areas of discipline to observe their differences and similarities.

The bankruptcy paralegal working for debtor

A good representative entry-level paralegal job could be in the office of a sole practitioner who deals with bankruptcy law and domestic law.

Fifty to ninety percent of such a practice could be in bankruptcy. Many advertise in the Yellow Pages and take in mostly Chapter 7's (debtor). In this position a paralegal in such an office will do virtually everything that a support person can do. In larger firms that do a greater volume of business, the job will be more narrowly described, but in both cases there will be some constants: you will participate in client interviews, you will meet with clients to complete petitions and schedules, you will be assigned the drafting of routine motions, filing and organizing of case files, and preparing of a "tickler system" and/or docketing schedule’ and you will be on the phone quite a bit with creditors and you will take trips to the court to attend hearings and file petitions.

There is a personal component that should not be overlooked. Strong emotions surround this experience for your clients, so you must be a calm force in the middle of a hurricane of tension, questions, and a deep desire to just "get all this done and finished." Master the filing deadlines and U.S. Bankruptcy Rules. It also does not hurt to befriend the court clerks at the U.S. Bankruptcy Court in your area. Your attorney will rely upon you to be on top of the cases with which you are entrusted. You should be able to give a quick report to the attorney asking about the status of a case.