THE IMPORANTANCE OF DISCOVERY PART 1

THE IMPORANTANCE OF DISCOVERY

PART 1

Requests for Production - Know the Rules!

        Let's talk discovery for a bit.  In my opinion, this is one of the most important tasks that a paralegal is involved in.   Requesting and obtaining documents and facts is crucial to building any case, from personal injury to family.  

        Courts have rules governing when you can request documents, what you can request, how to address objections, etc.  It is extremely important you review the rules relevant to your state, or frequently familiarize yourself with Federal rules if you handle those types of matters. 

        Personally, even when I "know" the rules, I find it helpful to review periodically.  For instance, what we tend to call in Connecticut Family Law the Mandatory Requests for Production, to the best of my knowledge, have not changed in some time.  Mandatory requests include items such as bank statements, 401(k) and other retirement account statements, pay stubs, etc.  There are time frames referenced, for instance, 2 years of bank statements.  Depending on if your case, you may need a larger or smaller time-frame and need to prepare the appropriate requests in addition or in place of the mandatory requests.  Other practice areas such as personal injury matters rely heavily on form requests in the Connecticut Practice Book.  Clearly, the use of and/or availability of template requests may vary in different states and jurisdictions however, I'd presume each state and/or jurisdiction has their own "standard" requests in various practice areas. 

        There may be restrictions as to when you can formally begin the formal discovery phase of your case.  For example, in Connecticut, we cannot serve our discovery requests in family matters until the return date has passed.  Again, this may be different in different courts throughout the country.  Familiarizing yourself with the rules for requests for production as pertain to your practice area will definitely add to your value as a paralegal! 

        Following the court rules and requesting relevant documents and information as soon as you are able to is important for any case.  Monitor your deadlines!  Make sure you remind your attorneys when it is time to file requests if necessary.  It's generally okay to be proactive and put together the initial requests especially if your firm uses templates - just be careful to change reference to Plaintiff and Defendant and time frames requested as necessary for your case.  More importantly, always have an attorney review and approve your work before you send it to opposing counsel or a pro se party, even if you feel 100% confident.  We are not attorneys and we cannot give the final go ahead on legal documents no matter how "simple".  Ultimately it is our attorney who is responsible for the filing as far as the court is concerned, after all, it is their signature that goes on the documents.  Although they many times rely on us to put together a quality pleading, objection or request, they must approve the final product.  We all make mistakes from time to time! 

        How familiar are you with your own court's rules?  Perhaps this is a good time to self-educate!

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New Clients

 

    

 

    You're the paralegal. An attorney delegates to you.  At times, you may delegate to other paralegals or legal assistants.  You get paid. End of story. Right?  

W R O N G 

    Regardless of if you work in a small firm or a large corporation, you have a hand, directly or indirectly, in helping your firm retain new clients.  This should be something you want to help with!  Here are some reasons why:

    If the firm does well you do well - and your work product can make a difference. 

    You were hired at an annual salary of $55,000 a year.  In 10 years you'll expect that you're being paid more right?  If the firm doesn't do well, that's not going to happen.  Your work product, and that of every single member of the firm you work for has an impact on whether or not the firm ultimately does well.  Taking pride in your work, learning all you can, and producing the best possible work product is going to help in the long run.  Think about it - if attorneys and paralegals in your firm consistently is producing well written documents, organized document production, is prepared for trial, etc., it reflects well on the firm as a whole.  If another attorney finds a conflict when they hear from a potential conflict, more often than not the potential client will ask if they can recommend another firm.  Other attorneys are more likely to refer to attorneys and firms with a good reputation for quality work product than one that produces sloppy documents.  

    If clients aren't coming in...

    ...then what happens when you finish cases?  The only way you have job security is if completed cases can be replaced with new cases.  

    What about the next case someone has? 

    You complete an intake with a potential new client.  There's a scheduling conflict and your firm cannot take their case.  Were you nice? Did you take your time with the individual and care about their situation? Did you rush them on the phone? Just because your firm couldn't take that case doesn't mean there won't be another case the individual needs help with down the road.  You want them to call you back!

    Word of Mouth

    It's not spoken about enough but word of mouth is important!  If your firm as a whole makes a good impression on a client, when they have family or friends in need of an attorney, they are going to refer them!

    

Everything you do from the time you walk in the door on your first day at any firm matters.  Every single person at your firm makes a difference - from the personality of a receptionist answering the phone to the patience you show a client going through a difficult period in their life.  When we as paralegals remember that our actions can impact the ability for the firm to retain new clients, and we actively help our attorneys secure clients when possible by referring family and friends, we are ultimately helping our firm stay in business, and if they stay in business, we have jobs!

What are My Duties?

 

        

        One of the most important things at any job is to have a clear understanding of what your duties are.  Difficulties can arise as a paralegal as, at times, there is a fine line between what your duties are versus that of the attorney.  So let's be honest - sometimes judgment calls will need to be made.  

        As paralegals we get to know files and clients to the same extent as the attorneys we work for. Many times we are the front lines, taking the difficult phone calls from clients and opposing counsel in an effort to triage calls.  We find ourselves updating financial affidavits, reviewing discovery production, preparing motions and requests, and much more.  

        If you've worked for more than one firm during your career, I likely don't have to tell you how your duties can vary significantly with respect to administrative work.  Some of us are transcribing dictation, scheduling appointments and proof-reading documents - in addition to reviewing production and even attending meetings with attorneys and clients. 

      Ultimately, the question of what our duties are isn't black and white however, we can establish what is not part of our job duties. 

        Paralegals cannot: 

        ~ Accept cases - Although we may be asked periodically to complete an initial screening of clients, and at times we know our firm cannot accept a case for one reason or another (such as scheduling), we absolutely cannot accept a case.  Only the attorney or firm can do so. The attorney or firm will also decide on the initial retainer and determine the scope of representation. 

        ~ Represent Clients in Court - Some attorneys request their paralegal be present in court to take notes and keep exhibits organized.  Despite our ability to assist in the courtroom, we absolutely cannot represent a client in any way.  For example, if negotiation discussions are started, and our attorney is not present, we must not participate in discussions or make any representation as to what is or isn't in our client's best interest.

        ~ Give legal advice -  There will be many times that we may know the answer.  It may seem pretty straight forward.  But we can't give legal advice.  We need to always defer to the attorney handling the case!

If you are not already familiar with them, NALA has a list you can refer to, more or less a "code of ethics" for legal assistants or paralegals.  They are as follows and can be reviewed at on their website . 

Canon 1 - A paralegal must not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take.

Canon 2 - A paralegal may perform any task which is properly delegated and supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product.

Canon 3 - A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; and (b) establish attorney-client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by that court or agency; and (c) engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety.

Canon 4 - A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required.

Canon 5 - A paralegal must disclose his or her status as a paralegal at the outset of any professional relationship with a client, attorney, a court or administrative agency or personnel thereof, or a member of the general public. A paralegal must act prudently in determining the extent to which a client may be assisted without the presence of an attorney.

Canon 6 - A paralegal must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide legal service.

Canon 7 - A paralegal must protect the confidences of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney.

Canon 8 - A paralegal must disclose to his or her employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients.

Canon 9 - A paralegal must do all other things incidental, necessary, or expedient for the attainment of the ethics and responsibilities as defined by statute or rule of court.

Canon 10 - A paralegal's conduct is guided by bar associations' codes of professional responsibility and rules of professional conduct.

     When in doubt, talk to your attorney.  Err on the side of caution and let a client (or potential client) know you need to discuss the issue with the attorney and either you or the attorney will be in touch with them.  Even client's who want an answer immediately will ultimately be happier receiving an accurate response.  You never want to leave a client wondering if the advice they are paying for is correct, or if they should anticipate later follow-up with "corrected" advice.