The Who, What, Why and How of Using Paralegals In

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The WHO WHAT WHY and
HOW of Using Paralegals:
Leveraging Paralegals in your Law Department

Toni Marsh, Esquire
The George Washington University

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Toni Marsh, The George Washington University paralegal studies program
WHO is your paralegal?
• Who is your paralegal?
– A person who chose to become a paralegal
– A college graduate who has a post-baccalaureate
certificate or master’s degree
– A person who applied to and was accepted by a
selective, competitive program
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Toni Marsh, The George Washington University paralegal studies program
WHAT does your paralegal know?
• Your paralegal’s program
– Subject to rigorous assessment and overview
– Reviewed by attorneys, working paralegals, and
professional educators
– Curriculum geared to local legal market
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Toni Marsh, The George Washington University paralegal studies program
WHAT does your paralegal know?
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Print and electronic legal research
Legal, business, scholarly writing
Rules of procedure, evidence, court
Motion practice
Substantive law
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Toni Marsh, The George Washington University paralegal studies program
WHAT can your paralegal do?
• LexisNexis and Westlaw
• Case, statutory, legislative, regulatory, and academic
research using electronic or print resources
• Briefs, pleadings, discovery documents, applications,
forms, business letters, and other legal and
professional documents
• E-filing, e-discovery, billing software, trial software
– Trial Director, CaseMap, TimeMap, Summation,
Concordance, CourtLink, LiveNote
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Toni Marsh, The George Washington University paralegal studies program
WHY use paralegals?
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Decrease costs
Increase productivity
Shareholder and management satisfaction
Lawyer and paralegal lifestyle
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Toni Marsh, The George Washington University paralegal studies program
WHY use paralegals?
Decrease expenses
• Use paralegals to perform tasks that do not
constitute the practice of law
• Where attorney involvement is necessary,
partner attorney with paralegal
– Paralegal does the bulk of the work; attorney
supervises and performs only those tasks that
constitute the practice of law
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Toni Marsh, The George Washington University paralegal studies program
WHY use paralegals?
Decrease expenses
• Decrease expenses
– Average in-house attorney salary
• $78,449 – 124,101 ($101,275 average; $50 per hour)
»
http://www.payscale.com/research/US/Job=Attorney_%2F_Lawyer_%28Corporate,_in-house%29/Salary
– Average corporate paralegal salary
• $46,152 – 70,463 ($58,307 average; $30 per hour)
»
http://www.payscale.com/research/US/Job=Corporate_Paralegal/Salary
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Toni Marsh, The George Washington University paralegal studies program
WHY use paralegals?
Benefits to shareholders and management
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Decreased expenses and increased productivity
Increased communication
Increased interactivity
Decreased turnover
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Toni Marsh, The George Washington University paralegal studies program
WHY use paralegals?
Lawyer and paralegal lifestyle
• Lawyers practice law
• Paralegals perform challenging and rewarding
tasks
• Better time management, work/life balance
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Toni Marsh, The George Washington University paralegal studies program
HOW to use paralegals
• Understand what paralegals cannot do:
– Accept cases
– Set fees
– Depositions
– Sign legal documents
– Advocate
– Give legal advice
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Toni Marsh, The George Washington University paralegal studies program
HOW to use paralegals
Increase productivity
• Assess tasks – are lawyers doing paralegals’
work?
• Not everything lawyers do constitutes practicing
law
– What Paralegals Do (And Lawyers Shouldn’t Do)
• For example: drafting documents, interviewing clients,
scheduling, legal research, investigation, completing forms
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Toni Marsh, The George Washington University paralegal studies program
HOW to use paralegals
Typical in-house counsel posting
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Corporate Records: Prepare Corporate BOD resolutions and meeting minutes, and maintain
corporate records for the same.​ Maintain Corporate By-Laws and related records.​ Maintain
registered Agent Status and coordinate/​maintain state qualification to do business as required.​
•
Contractual Obligations: Review and assess contract documents, purchase order terms and
conditions from customers and vendors, and submit for outside legal review as needed prior to
signing.​ Evaluate recommendations for contract changes and assist as needed for
negotiations.​ Develop and maintain terms and conditions of sales, consignment agreements, and
non-disclosure agreements.​ Maintain corporate contract records with 3rd parties.​ Review 3rd
party non- disclosure agreements, indemnification agreements and respond as required
on corporate policies.​
•
Legal: Review and coordinate internally and with outside legal counsel the handling of lawsuits
against the corporation, subpoenas, gathering and review of records, coordination and assistance
with depositions related to such legal matters.​ Coordinate annual appeals of property
taxes.​ Review/​coordinate new and existing 3rd party office leases.​ Coordinate legal matters
related to acquisition, sale, zoning, etc.​ of corporate real estate.​ Investigate product liability
issues.​ Serve as primary internal contact for legal questions from corporate employees.​
•
Other Responsibilities: Including, but not limited to, participating in the Corporate Safety
Committee, providing general knowledge of OSHA, conduct annual Export Control Audit as required
by law and by Evergreen Corporation policy, and maintain personal knowledge of areas of
responsibility by attending seminars and training.​
You may freely reproduce and use this presentation as long as you credit
Toni Marsh, The George Washington University paralegal studies program
HOW to use paralegals
The tasks paralegals can perform in whole or part
•
Corporate Records: Prepare Corporate BOD resolutions and meeting minutes, and maintain
corporate records for the same.​ Maintain Corporate By-Laws and related records.​ Maintain
registered Agent Status and coordinate/​maintain state qualification to do business as required.​
•
Contractual Obligations: Review and assess contract documents, purchase order terms and
conditions from customers and vendors, and submit for outside legal review as needed prior to
signing.​ Evaluate recommendations for contract changes and assist as needed for
negotiations.​ Develop and maintain terms and conditions of sales, consignment agreements, and
non-disclosure agreements.​ Maintain corporate contract records with 3rd parties.​ Review 3rd
party non- disclosure agreements, indemnification agreements and respond as required
on corporate policies.​
•
Legal: Review and coordinate internally and with outside legal counsel the handling of lawsuits
against the corporation, subpoenas, gathering and review of records, coordination and assistance
with depositions related to such legal matters.​ Coordinate annual appeals of property
taxes.​ Review/​coordinate new and existing 3rd party office leases.​ Coordinate legal matters
related to acquisition, sale, zoning, etc.​ of corporate real estate.​ Investigate product liability
issues.​ Serve as primary internal contact for legal questions from corporate employees.​
•
Other Responsibilities: Including, but not limited to, participating in the Corporate Safety
Committee, providing general knowledge of OSHA, conduct annual Export Control Audit as required
by law and by Evergreen Corporation policy, and maintain personal knowledge of areas of
responsibility by attending seminars and training.​
You may freely reproduce and use this presentation as long as you credit
Toni Marsh, The George Washington University paralegal studies program
HOW to use paralegals
• Provide instruction, supervision, feedback
• Provide professional development, continuing
education
• Provide opportunities for networking and
professional growth
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Toni Marsh, The George Washington University paralegal studies program
HOW to use paralegals to leverage
your law department
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Increase autonomy
Build trust
Display confidence
Start small and build confidence, increasing rigor
and frequency of tasks
• Allow paralegals to establish processes
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Toni Marsh, The George Washington University paralegal studies program
HOW to use paralegals
• Attorneys must take the initiative – your
paralegals may not
• Ensure paralegals understand goals and
strategies
• Involve paralegals throughout legal processes
and actions
You may freely reproduce and use this presentation as long as you credit
Toni Marsh, The George Washington University paralegal studies program
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