the effective utilization of paralegals in corporate legal departments

THE EFFECTIVE UTILIZATION OF PARALEGALS IN CORPORATE LEGAL DEPARTMENTS

Maurice S. Byrd, Esq.

Executive Legal Consultant

1Paralegal Excellence Program©

Today’s Presentation

• The Evolution

• The New Normal Paralegal

• The Value and Challenges

• Model Utilization Initiatives

• Ingredients for Success


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


The Evolution of the Paralegal Profession

Over 280,000 paralegals in U.S.

Late 60s

1970’s1990’s

Today

Significant efforts to

increase access to legal

services and reduce

poverty.

Early non-lawyers were

legal secretaries.

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.

ABA adopts Model

Guidelines for the

Utilization of Legal

Assistant Services

Paralegals are

utilized for an

unprecedented

variety of legal

activities and

tasks.

Several major legal

departments

create utilization

models.

Four states

require paralegal

certification.

ABA reviewing model

accreditation

requirements and

modifying utilization

guidelines.


THE CURRENT LANDSCAPE


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 2022.

* U.S. Department of Labor’s Bureau of Labor Statistics


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.

See the ABA Model Guidelines for the Utilization of Paralegals Services

TRADITIONAL ACTIVITIES/TASKS

Reviews and organizes client files

Legal research

Prepares documents

Drafts pleadings

Processes discovery notices

Interviews internal clients and witnesses

Administers subpoenas


The New Normal for Paralegals

• 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



Legal research

Prepares documents

Drafts pleadings




NEW NORMAL ACTIVITIES/TASKS

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




Legal research

Prepares documents

Drafts pleadings




NEW NORMAL ACTIVITIES/TASKS

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


PARALEGAL UTILIZATION VALUE


Corporate Legal Initiatives

• We all know today’s deal – corporate

legal departments are expected to

accomplish more with less.

• 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.


Corporate Legal Solutions

• Modified outside counsel

relationships.

• Contracting/Outsourcing.

• Outside counsel activity migration.

• Technology integration

• Effective Paralegal Utilization


The Paralegal Utilization Value Proposition

• 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.

When effectively utilized paralegals significantly contribute to

accomplishing these initiatives by:


UTILIZATION CHALLENGES


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.


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


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.


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


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; 2014


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.


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.


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.


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.


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.


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.


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.


“BUILDING AN “A” TEAM TOGETHER”Best Practices


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.


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.


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.


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.


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.


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.

©


PEP Participants


The Paralegal Excellence Program Model

The PEP model focuses on:

©

Skill, Experience, Productivity, Risk Mitigation, Career

& Professional Development, Opportunity and Cost

Effectiveness


The Paralegal Excellence Program Model

• 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.

The PEP model methodology focuses on:

©


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.



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.



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.


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.



• 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.



• 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.



• 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


For additional information contact:

Maurice S. Byrd, Esq.

Executive Legal Consultant

245 Peachtree Center Avenue Suite 1900

Atlanta, Georgia 30303

Office: 404-215-5238

Mobile: 404-431-2246

Email: [email protected]

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