On December 4, 2019, the ABA issued a formal opinion that directly affects the value of your work. The ABA, in Formal Opinion 489, indicated that clients are not property and when an attorney moves from one firm to another or even out on their own, the old firm must allow the client to choose whether he goes with the attorney, stays with the firm, or finds new representation altogether. Further, the former firm cannot withhold resources from the client either. The ethics rules do not allow non-competition clauses in partnership or employment agreements.
 
How does this affect your value to a firm or attorney?
Attorneys will be encouraged to start their own firms much more frequently than before. Departing attorneys won't necessarily have to start from scratch and can afford to hire skilled paralegals when they start their new firm.
 
Attorneys will have the ability to negotiate higher pay to remain with the current firm. In order to keep key associates, firms will have to pay their associates more if they cannot prevent the associates from leaving with existing clients. This will directly affect the paralegals as law firms will seek to be more reliant upon paralegals than associates, due to the risks associated with their departure and the increased expense. Further, since key paralegals can exit with an attorney, compensation may increase for top paralegals as well. Either way, firms will want to keep their key personnel happier, especially their top paralegals.
 
Law firms will be more dependent upon paralegals for client support. One strategy to keep your clients from leaving with a key associate is to have your top paralegals work with those clients through a principal or partner. The principal or partner will need greater paralegal support to avoid relying upon associates as a client contact.
 
Independent paralegals have an added marketing advantage.
While it is a very delicate conversation and I do not recommend you state this directly, an independent paralegal can't walk out the door with the firm's clients. Hence, as you negotiate your relationship with a firm, this is important to know and important that its communicated, albeit, delicately.
 
So, celebrate the small wins. If you decide to share this ruling, tread lightly and don't upset anyone. While it helps you in some ways, it could potentially undermine the stability of a firm. Additionally, there are often raw feelings when associates leave and start their own firms. Partners may feel that the associates are stealing their clients, while the associates feel that they have earned the trust and business of those clients. Plus, since many associates make between $60K - $120K per year (about $30 - $60 per hour) and have tremendous law school debt to manage, it is very easy for them to look at the billing rates of $225 - $325 per hour as a significant pay raise. You have to find the right place and the right time to share this information if you decide to share it at all. Many attorneys are not yet aware of this opinion.
 
More importantly, however, just be great at what you do! Become an expert in your space and know your worth. Your value will continue to increase exponentially.

The Law Society of Ontario began licensing paralegals as independent representatives in 2007. This was not a major shift. In fact, paralegals had been independent advocates for people well before the licensing came about. Formerly, paralegals were known as “court agents.” In order to become licensed an applicant must have a college diploma and must also pass a full day examination and a comprehensive background check.

Paralegals in Ontario are licensed by the same body that licenses lawyers. This has not been without significant controversy. Paralegals are regulated by their competition, which by its very nature restricts our practice to highly defined areas and often areas which aren’t appealing to lawyers to begin with. We are bound by the exact same rules and the exact same standards as lawyers when practicing within our scope.
Our role is expected to further develop with paralegals being able to act as notaries and take on family law matters. Although not confirmed, I believe the next step would also be for paralegals to accept and take on “legal aid matters.” Legal aid, for those who aren’t familiar with it, is a government funded service that pays for lawyers to represent clients in certain matters.

There have been issues with paralegals practicing out of scope, non-payment of fees, and a few non-competence issues from paralegals who have been grandfathered into the practice. Most of the convictions against paralegals by the Law Society Tribunal seem to be for violating rules that restrict our practice or our advertising, but not very many wherein competence is the heart of the issue. 
Paralegals are currently licensed to appear at any board, agency, or tribunal in Ontario. Under the Immigration and Refugee Protection Act, we can represent before the federal tribunal, although the Law Society of Ontario is of the position we can’t represent fully at the Immigration and Refugee Board. This issue will be resolved through the courts at some later juncture and is much more complicated than I described in the previous sentence. 

Paralegals can also appear at any matter under the Provincial Offences Act¸ and for a whole host of Criminal Code offences, when the prosecution is proceeding summarily (almost like a misdemeanor), and on cases that are proceeding in the Small Claims Court, which hears matters up to $35,000.00. The rule of thumb is if a matter is being heard at the Ontario Court of Justice, generally speaking, we can appear there.
Our representation is full representation and includes selecting the forms, drafting the pleadings, and running the trials.
 
A full list of approved criminal offences, can be found at:
https://lso.ca/about-lso/legislation-rules/permitted-criminal-code-summary-conviction-offence.

Paralegals who don’t practice fully independently will work under lawyers as a law clerk. This is more analogous to the American version of a paralegal. A paralegal working under a lawyer can take on a murder case, a family law matter, or any other matter, up to, but not including appearing at court - except with some exceptions when appearing as an agent for their lawyer. In many cases, paralegals will work both as a paralegal and as a law clerk for a law office. So, for example, if a client comes in with a small claims matter, the law firm and the client can experience considerable savings by having the paralegal take care of the matter and run the trial. Many colleges offer a double diploma option enabling students earn a diploma as a law clerk and as a paralegal.
​
We provide a tremendous access to justice for our clients. We can often put in twice the amount of work than a lawyer to represent and defend someone. Our criminal scope is mostly poverty related crimes. Our Provincial Offences Act is comprised mostly traffic tickets, and our civil litigation is small claims. We work with the most marginalized members of our community. It is my hope that America will adopt a similar model so that people aren’t “priced out” from the justice system. It is also my hope that in Ontario and throughout Canada we will garner more respect and trust from the judiciary and be permitted in a wider array of matters.

There’s no question: A paralegal’s role is stressful and allows no margin for error. Fortunately, modern advances in technology can help streamline antiquated processes, thereby saving significant time, money, and precious time on an incredibly backlogged court docket. In August of 2019, I stumbled across the mobile app, Expedite, completely by chance. This game-changing technology blew me away, and I knew I had to share my experience with my colleagues.

As a Paralegal with over eight years of experience in immigration law, criminal defense, and civil litigation, I have learned that efficient time management is a key component to being that “five-star” Paralegal. At any moment, we can be working on multiple things with pressing deadlines and they are ALL a priority to every client. Thus, I am constantly looking for any way to streamline processes to save time.
 
Finding a court reporter for a last-minute request is almost impossible. Finding a court reporter for a scheduled hearing or deposition can take hours, sometimes even days. It requires multiple phone calls, emails, voice messages, along with consistent tracking and follow-up. There had to be a better way!
 
That's when I discovered Expedite, an on-demand mobile app platform, available in Apple and Android, that instantly connects paralegals with court reporters through GPS-smartphone technology. They also have an accompanying web-based platform at www.expedite.legal so anyone, anywhere, anytime can access the service from any device.
 
Expedite offers the most competent court reporters available in their respective markets. They do this by capitalizing on the latest available mobile technologies, properly vetting their members, incorporating a reciprocal five-star rating system, providing pop-up notifications, utilizing instant communication features, and monitoring transactions within the app.

Expedite’s mission is to eliminate inefficiencies in the legal industry, and the goal is to increase productivity and profitability for everyone. Expedite is disrupting the legal industry much like Uber disrupted the transportation industry, by offering a real-time solution through an on-demand platform.

Need a court reporter for a deposition next Tuesday? Easy. Open the app, and within a couple of clicks, your request is sent out to dozens of available court reporters in your requested area!

What if your case settles the day before your scheduled service? Easy. Open the app and cancel the job. A notice will then be sent to you, as well as the court reporter, documenting that the service has been cancelled. And as long as it’s within two hours before the start of any service, there are no cancellation fees.

Simple, easy, fast, and incredibly efficient.
And because Expedite’s founder and CEO is a court reporter with 21 years’ experience in the legal industry as a court reporting firm owner, all the nuances that go along with the acquisition and scheduling process have been automated.

Expedite recently announced a partnership with Clio – the world’s leader in cloud-based case management software. Now Clio users can schedule court reporters for depositions and hearings within Clio. The software will also automatically schedule any service within Clio’s calendar without any additional entry, which makes using Expedite with Clio seamless!

The long and short of it is this: Expedite was designed for those progressive business professionals who know how to capitalize on technology to work smarter rather than harder. Download and sign up today and harness the power of NOW! Your gift to yourself in 2020.

In any job search you will be screened, judged, and measured against other applicants. Employers want the ideal candidate, the perfect addition, and the right fit.

They are sizing you up - looking for standout traits, specific qualities, education, and experience which demonstrate you are capable of performing the duties assigned to a particular role. Seek out any career counseling professional, recruiter for coaching, or conduct an internet search, and you will have unlimited access to countless training resources. They will break down the anatomy of an interview and offer suggestions for what to wear, what to bring, and how to “wow” a potential employer. Everything you need to increase your chances for success and not tank in the process is at your fingertips.
 
Being prepared for an interview is important. Employers want to know that you are a good match for them and that you will be able to make meaningful contributions. A job offer is unlikely if you have done zero homework on the opportunity, show up late, fail to look the part, or are unable to articulate how your skills and accomplishments could translate to the role.
 
It is equally important to determine whether a potential employer is a good match for YOU! Every company will have a different organizational structure and personality. Fleshing out the nuts and bolts of a new position requires more than a review of the job description, pay scale, and benefit package.
 
Use the interview as an opportunity to gauge the potential employer’s ability to meet your needs. The meeting is as much for you as it is for them. Make note of your observations and when given the opportunity for questions, ask the ones that will help you decide whether or not to take the job if it is offered. It is important to get an overall feel for the office culture, the challenges, and the benefits of working for an organization. The interview is a two-way street and you should walk away confident in your ability to fit in and be successful.

5 Key Questions to ask During an Interview:

1. Is the position open due to an internal promotion?
What you are trying to glean from this question is whether the company is adding jobs or if the role was recently vacated. If several people have left a position it might indicate volatility. A newly created position can be equally risky, especially if performance expectations are poorly defined, or if the company is unsure about a permanent addition to their team. However, it could also signify company growth and a great opportunity to start or advance your career. Asking this question will usually reveal if there is upward mobility or opportunities to progress within an organization.

2. What is your onboarding process?
This should not be confused with orientation. What you want to know is if there is a plan to help socialize new employees and assimilate them to company policies and workflow. A deeper dive should give you information on how learning and improvement are supported. Mentorships, job shadowing, cross-departmental training, and professional development can be positive indicators that the organization places emphasis on growing their employees and retaining them long term.

3. What is the most important thing you would expect me to accomplish in the first 30 days, 60 days, 90 days, 6 months, and/or year?
This question is designed to give you information on the exact goals an organization has for a role, expectations which need to be met, and results which need to be delivered. Not only will it give clues as to the workload volume and associated deadlines, but it will also provide some specific insights into what the work-life balance may look like.

4. How will I receive feedback regarding my performance during the introductory period and thereafter?
Post-hire check ins and evaluations are important. They provide opportunities to review accomplishments, discuss areas where improvement is needed, set goals, and plan future actions. Employers who incorporate staff support, career development, and regular performance discussions demonstrate that they are committed to your professional growth, happiness, and success.

5. Would you be able to show me around the office?

Observe the physical environment. Cluttered or dirty areas can be an indicator of company disorganization. Just like a person’s appearance, the appearance of an office makes an important first impression and speaks volumes about its culture and work style. If possible, check out the meeting room, lunchroom, breakroom, and washroom. Are these areas in disarray? Often, there is a negative relationship between messiness and productivity.

Consider the greeting you receive and how employees speak to you and others.  Are they open and friendly or rude and abrasive? Is their tone formal or informal?  A warm and inviting reception by staff who are encouraged to converse and engage with you is ideal. How they interact with each other is equally important. 
 
Assess employee morale and non-verbal communication.
Are employees smiling and communicating behind closed doors? Do they appear to be on task or completely overwhelmed? Non-verbal cues and body language convey important interpersonal and emotional messages about office dynamics and job satisfaction. If they are negative it can signal upspoken issues and other problems, such as slow business, inadequate staffing, or disengagement.
  
Present yourself as someone who wants a legal position.
This means showing up on time for the interview dressed appropriately with a resume that reflects your training and background. Ask questions so that you understand the role, the firm, it’s organizational and cultural structure and how you would be a good fit for the job. Finally, mail a thank you note after the interview.
 
Not only is the prospect for more jobs apparent, but as new practice areas also evolve to address emerging issues, a variety of new and different jobs are anticipated on the legal landscape. The scope of work for paralegals is expanding and the outlook is bright. Paralegals have been in high demand and will likely remain so for the foreseeable future.

I have worked remotely for several years. So, when the stay-home orders hit, my firm did not have downtime. We continued as if it were any other day. But there was something new going on at home. I still had to work. I still have an attorney and clients who need me. When I am working, I need to focus. I cannot work distracted. But how was I going to find focus during crisis panic, homeschooling, mothering, and isolation? It has not been easy.
 
I have one mantra: I will survive and thrive. Why do I tell you this? Because I want you to know that you still have control over your work. You still have the ability to be productive during this time.
 
Here are tips to help get you through this:

1. Create a dedicated workspace.
I have learned that without one, I never “leave” work to be “home.” Instead, I am working from the moment I wake to the moment I go to sleep. By having a dedicated workspace, I can walk away from work (even if I’m just walking to the next room). I can go outside for a break. I can leave work to make dinner for my kids. I can sleep.
 
Whether you have an apartment or a multi-bedroom home, you too can do this. Take over the bedroom or the kitchen table. Go outside and work in the fresh air. Create a workspace and hours where no one will bother you.

2. Communication.
If you don’t communicate with your attorney every day, now is the time to start. I’ve established “morning check-ins” where I email my attorney a list of what I’m working on for the day. We set up calls or video conferences when there are projects we’re working on together. He also keeps me posted on what he’s doing.
 
Communication is not just about work. You need to be real with your attorney about what is going on at home. You have been told to leave your personal life at home, but that does not work here. Your bosses need to know what is going on. They can’t help you or make creative solutions without this knowledge.
 
3. You have Control.
Many paralegals have lost their jobs recently because they (or their law firms) haven’t found a way to make it work. There have been many reasons for this. “I just can’t focus at home.” “My house has slow internet.” “I don’t know how to use the software the firm wants me to use.” These are excuses, not solutions.
 
You can make this work. You need to take control. It is okay to change or reduce your work hours because you need to care for kids. But it is not ok to assume you’re going to get paid to “not work.” There are solutions out there as long as you are willing to look for them.
 
4. De-Stress and Prioritize.
You are likely overwhelmed right now. I get it. I was too. If you feel anxiety coming on, try meditating: Stop what you are doing, set your alarm for three minutes, and breathe deeply in and out. Your brain will wander but bring it back to now. Feel what your body feels. Listen to what is happening around you. Do this often. It helps relieve your stress.
 
Now, let’s talk priorities. If your plate is like mine, it is overflowing. But not everything is pressing. And you can’t do everything at once. You have to prioritize. What deadlines are coming up? Do those first. What does your attorney need? Do that next. Ask yourself what matters now and what can be done later. Prioritizing makes it all more manageable, and it helps you focus on one thing at a time.
 
5. Be Productive Amid Chaos.
How do you eat a whole elephant? One bite at a time. Productivity will come as you find your workflow. Be flexible. What works one week may not work the next one. That’s okay. Just don’t give up. Continue to look for creative solutions until there’s normalcy again. You will find that you are able to be as productive, if not more, than you were before.

Remember, you can do this! 

​About the Author:
Candess Zona-Mendola is a Trial Paralegal at a national law firm that helps victims of food poisoning outbreaks. She is the author of The Indispensable Paralegal—Your Guide to Getting It All Done, a paralegal guidebook published by Trial Guides. She has been featured on several paralegal media sites and podcasts, including The Paralegal Voice through the Legal Talk Network, and NALA’s webinar series.

​By: Kylie Clayton

That was my first thought when I was asked to present to a college paralegal course. What better way to educate the next group of paralegals than to tell them what I wish I would have known. When I reached out to an online group of paralegals, the responses were very quick and on point.

In no particular order, the top 20 things I wish I would have known are:

1. Be nice—especially to the court clerks and the bailiffs. They are your lifeline with the courts.
2. Document everything—each time you touch a file, notes, and time entries for referencing back to.
3. Double-check your calendar hearings, dates, and deadlines.
4. Admit to your mistakes—right away! Someone will find them. Better you point them out instead of opposing counsel.
5. Embrace change, nothing stays the same.
6. Always be prepared when you meet with your attorney.
7. Know your courts! They all have different local rules and Judges want different things in different ways.
8. Do not wait until you are swamped to let your attorney know you are behind, ask for help when you need it.
9. Slow down—proofread again and again.
10. Ask questions and take notes—each firm does things differently, be a sponge and learn all that you can from day one.
11. Create a procedure book for yourself for all you do for quick reference. At some point you will be asked to train a new paralegal, and this will be a major time saver.
12. Take pride in your work—when your attorney looks good, you look good!
13. Follow your gut—if something seems off, say something.
14. It’s okay to play the devil’s advocate with your attorney—sometimes a new perspective on an old case can make all the difference.
15. Never give your attorney originals of anything.
16. Know your worth, don’t let people walk all over you.
17. Save as a template every type of document that you prepare, with all confidential information removed for future use.
18. Learn on the job—what they teach you in school is not generally what you will be doing on a day-to-day basis.
19. Don’t take an attorney’s bad day personally—we all have them.
20. Breathe—it will all be okay.

All in all, when it comes to a new paralegal the most important thing is to know that you are not alone, and we have all been there. There are now so many great resources and mentors ready and willing to assist in all aspects. We have been in your shoes and are excited to help bring up the newest group of paralegals into the ever-growing profession.

About the Author:
Kylie Clayton has worked in finance and debt resolution for over 15 years. As the paralegal at Patino Law Office, Kylie supports clients in all types of debt resolution cases from Chapter 13 plans for individuals to complex agricultural and business workouts. She holds a Bachelor of Arts in Political Science from the University of Nebraska at Omaha and completed her paralegal certification through the College of St. Mary. 

The whole world has been rocked by Covid-19. Completely shaken to its core. People are full of anxiety right now and trying their best to make it through each day. This is an unprecedented time that we all hope to soon forget. But, for now, let us appreciate that we are not alone—even if we must stay at least 6 feet apart!

We know many of you are now working from home, which is challenging even for the seasoned remote worker. It is tricky juggling work, home life, your children’s education, and countless distractions all day long. Now is a great time to join our Mentorship Program, so you can get or give support to another member of our community.

We know some of you are still expected to be in the office every day, regardless of social distancing. We understand you are in between a rock and a hard place. You may want to talk with your boss about reconsidering a work-from-home option.

We are aware that many of you have been laid off or fired from your jobs. Worst. Timing. Ever. Know that the Paralegals Connect community is here for you! Keep your eye on our Employment Board for the latest job opportunities.

​We have compiled a list of resources to answer some of your questions and help you through this time.

• Tax Day Extended to July 15
• Coronavirus Tax Relief and Economic Impact Payments
• Coronavirus Tax Relief for Businesses and Tax-Exempt Entities
• Coronavirus: Small Business Guidance & Loan Resources
• Unemployment Insurance Relief During COVID-19 Outbreak

Most importantly, please stay safe out there and continue taking every precaution to #flattenthecurve.

​By: Tami Riggs

1. Attend class!​
Attendance in class is a big indicator of your reliability and performance. Be in class and take advantage of the expertise and experience offered by our faculty. 

2. Work on your resume and cover letter.
Create these documents from scratch or customize existing ones. The Office of Career Services at Center for Advanced Legal Studies (“CALS”) has moved to a remote format of service but remains available to assist students and alumni and can provide sample templates and expert advice.

3. Craft your elevator speech and define your professional persona.
This is a brief but compelling summary (1 minute or less) of your background and experience and what skills you offer. It should be short but adequately explain who you are, what you can do, and why you should be considered. This introduction can be used during interviews, when you meet a potential business connection, at networking events, job fairs, career expos, in your resume, and on social media profiles.

4. Clean up your social media presence.
Hiring managers look at social media accounts and posts to learn about potential candidates and their personalities, interests, and activities. Assess your online presence from an outside perspective, implement privacy settings, and scrub material that might be considered inappropriate. A regrettable post or photo could hurt your job search.

5. Create a professional e-portfolio and link it to your resume.
An electronic portfolio is a digital compilation of work and other activities and evidence that showcases student learning, skill development, and career progression. It is assembled and managed on the web and typically includes files, images, multimedia, blog entries, and hyperlinks. Your class assignments can be used to customize and personalize the collection.

6. Access free online tutorials to improve your writing and typing.
Many lessons are available that address spelling, grammar, punctuation and keyboarding skills. Online learning tools and resources can help you build upon your academic and technical skills.

7. Listen to podcasts and webinars.
There is a rich landscape of informative recordings that support professional skills development and provide practical tips and inspiration on how to develop and succeed in your career.

8. Continue learning and reading.
Employers value candidates who stay abreast of the latest industry trends and engage in activities that deepen their knowledge and improve career readiness.
 
There is fear and uncertainty surrounding the COVID-19 situation. We are all grappling with it in different ways. However, you can take steps to keep your professional development continuous and strengthen yourself personally during this crisis. Hang in there!

bout the Author:
Tami Riggs is Director of Outreach and Career Services at Center for Advanced Legal Studies in Houston, Texas. She has an extensive and varied professional background that spans criminal justice, paralegal education, and international school marketing and communication. Her career has been guided by a focus on developing strategic partnerships that facilitate school growth and student opportunity. She holds a Bachelor of Science Degree in Criminal Justice from Texas State University. Connect with Tami on LinkedIn.