What are performance reviews? Why do we need to have performance reviews? How often should I give performance reviews? What should a performance review contain?
Every employer (notice I didn’t say firm) should engage in regular performance reviews of its staff. This goes for the solo practitioner with only a part-time employee through the large firms. There are many formats for structuring a performance review and many forms available to organize how you approach this. This article is intended to provide the background as to why you need to give a performance review and some suggestions on making it meaningful to you and to your employees.
Every person needs feedback on how he/she is doing his/her job. We, as attorneys, get that daily. A client is happy or unhappy with regards to: how fast we return telephone calls, whether we won or lost, what ruling did a Judge give to us, how well did we argue the case, how much business do we have in house etc…We get the feed back and we learn from it. How does the staff person get this? It comes from you. Too often I hear the notion that “I am too busy to give my secretary a review.” Or, “She knows how she is doing.” Or, as to an associate, “I see the work that is being done.”
It may be true that you are busy or it may be true that the secretary or associate knows how he/she is doing, but have you told him/her? Why haven’t you taken the time to go over the performance of your greatest asset, your staff?
A performance review seems to have the connotation that it is a negative. The thought is that you have to sit down and confront an employee about why he/she shouldn’t be making certain mistakes or need to alter behaviors and this is confrontational. Therefore, we tend to procrastinate and hope that the problem resolves itself. This thinking is contrary to what you should be doing. Performance reviews give you the chance to praise your employees. It gives you a chance to find out what they like and what they don’t. It gives you a chance to structure your office or department so that you use everyone’s talents to the fullest.
Studies have shown that an average worker spends the majority of his/her work day doing things he doesn’t like to do and only a small part of the day doing things that excite/interest or that he is good at. The majority of work that you give a staff person is something that they don’t like doing. Imagine if that was you. You have the choice to decide to practice certain areas of law and refer those other areas to a fellow lawyer. You practice what you like, why shouldn’t we use staff to their strengths?
Marcus Buckingham, in his book, The One Thing You Should Know, advocates understanding a person’s strengths and then playing to it. If a person is not very good on the telephone, you shouldn’t put him in a receptionist position. We see this in the sports world. Take, for example, baseball—a manager doesn’t put a home run hitter in the 9th batting spot and doesn’t put the worst fielder on the team at shortstop. Each player brings a talent that when combined with the other players make up the team. It is up to you, as the manager of your team, to find out what talents your staff have and then allocate them to fit together as the team.
A performance review allows you to do this. It is a dialogue. It forces you, as a manager, to review what talents a staff person brings to the table. It forces you to decide whether or not you can change that player from a singles hitter into a home run hitter. It is your opportunity to apply your staff person’s talents to your best advantage.
There are many ways to address a performance evaluation. Some employers will only have a casual conversation and assume that this is sufficient. Perhaps for long term employees when there is a clearly defined relationship, this might suffice. My view on performance evaluations is that they should have structure to them. The employee and employer need to come prepared to discuss the events that have transpired since the last review or hire date. The performance review should not be a uni-directional meeting. On the contrary, this should be a bi-directional conversation between you and your staff member.
I confess that when doing performance reviews, I remember the most recent events and issues surrounding the employee. I forget what happened four, six or eight months ago. I forget all the positive things that the employee did. That is unfortunate. I combat this by requiring all the employees to do a self-evaluation of themselves and their job.
In this self-evaluation, I ask the employee to rate himself/herself on the performance categories and to tell me his/her daily job duties. It is interesting, but you will find that most employees grade themselves harshly when reviewing their performance versus how you would grade them. By asking the employee to document current job duties, you can see if the position has evolved and/or if the staff member has taken on additional or different duties than the year previous. This is a chance to ensure you are aware of the job changes, re-evaluate these duties and make adjustments as necessary. Also included in the self-evaluation, I want the employee to remind me of their accomplishments over the past review period. This makes the employee really think about what and how he/she has contributed to the firm over the past year.
Once the employee’s self-evaluation is completed, I invite them to a conversation. This conversation is driven by the staff person. I will ask them questions about his/her self-evaluation. I will question them on his/her ratings and aspirations within the firm. I will ask about his/her strengths and weaknesses. I want to see if my view of his/her performance matches with theirs. I want to know what the employee is looking for in the firm. I want to try and insure that the majority of his/her day is spent doing those tasks that he enjoys or is good at.
This conversation has several components to it. First, it helps to reinforce or clarify the self-evaluation. Second, it allows the employee, in a one on one conversation, to really discuss his/her job, likes, desires, and you as the boss. At the conclusion of the discussion, the final performance review is written. The employee, as a result of this discussion, leaves knowing that he/she has been able to express his/her concerns to management. The comment I hear most often as a result of this conversation is that it shows we care. The employee really embraces the opportunity to discuss her job and accomplishments.
The next part of the performance review process requires you to sit down and put pen to paper to create the written overview. It is important that care be taken in writing this review as it constitutes a “paper trail” of the employee’s performance. The employee will use this document during the year, but also at the next review to validate his/her performance. Also, in the event of any litigation on employment issues, a judge, jury or other arbitrator will be reviewing it. Therefore, it is important to be as objective as possible as well as clear as possible.
You should use specific examples when citing behavioral and performance issues. Statements such as “you should strive to produce a better work product” should be avoided and in its place, “you should reduce the amount of spelling errors on all documents tendered to me,” or “it is important that you follow all procedures in creating the documents you produce including checking for all errors. To assist you in this, I have attached a checklist for your use.”
There should be very few surprises for the employee in a performance review. Anything addressed (referring to something negative in particular) in the review, should have been discussed at an earlier time with the employee. You need to bring up the point again, as the evaluation is a review of their performance over the past year, however, this should not be the first time the employee is hearing of this. It should have been addressed with him/her in advance of the review. Don’t save up all of the negative performance issues you may have with an employee over the past year and discuss them at the review. This does not communicate your expectations with the employee nor does it give the employee a chance to improve their performance. If a situation has just occurred prior to the review, you need to document it, however, put some language to the effect, “although it has not been brought to you prior, it needs to be documented in this review.” This will help to alleviate the “unfair” feeling an employee may have by not having prior notification.
It is so much easier for us to draft performance evaluations using vague terms and goals, but it does not accomplish the purpose given for employee direction. A first-rate employee wants specific information from you regarding how to improve individual performance. If they don’t get that information, a disconnect may be created between you and the employee—where the employee “doesn’t get it”—and the employee will more likely have an inability to achieve his/her goals.
Time and thought should go into developing an employee’s goals. SMART goals should be utilized in performance reviews. SMART goals are Specific, Measurable, Attainable, Realistic, and Timely. Each goal created should have these elements in place. If these elements are utilized, your goals will be specific, clear and achievable. The employee will have a clear picture of your expectations if these guidelines are used when writing goals.
After the review is written, you then need to sit down and review it with the employee. I advocate providing the employee with a copy in advance of the conversation. This way, the employee will have a chance to review your comments and the ratings before the meeting. This will also give the employee a chance to prepare a response if so desired. The final document is prepared after this conversation. As a result of your conversation, other issues may emerge and new goals may be set as a result.
Performance appraisals are an excellent way to give your employees individual feedback about his/her performance, while the self-evaluation form provides an opportunity for the employee to communicate his/her thoughts about the job and the firm. The employee will feel valued that you are interested in his opinion. Remember to play to the employee’s strengths as much as possible with regards to job duties. By re-assigning responsibilities, you will be helping both the firm and the employee. Also remember that this process will take time to complete–be sure to allow enough time to complete all steps so that nothing get skipped or rushed due to time constraints. Our employees work hard for us all year. The least we can do is provide them with a few hours of our time in return for evaluating and communicating their performance to them. If you invest time on this process by performing the above steps, you will be rewarded with more productive and engaged employees.
__________
[Note: If you are interested in obtaining any forms used by the author, please send an e-mail to steve@fallaw.com with the message line “HR forms.” Additional information can also be obtained from the Association of Legal Administrators at www.ala.org and Society for Human Resource Management, www.shrm.org.]
Law firms are beginning to realize the importance and value efficient document processes can provide. For law firms well-managed document processes are a strategic asset that can be wielded to create competitive advantage. An increasing number of law firms are outsourcing more of their document processes to improve efficiency, maximize billable time, and reduce overhead costs. However, outsourcing can result in little or no benefit unless the service provider can address both paper and electronic documents across the document lifecycle.
Document Lifecycle
To extract the most cost and embed the highest degree of efficiency, you’ve got to coordinate efforts across the entire document lifecycle. When outsourcing, this means consolidating into one contract reprographics, litigation/discovery reproduction, imaging and electronic conversion, distribution through mail, courier, and fax, records and case file management, and office services and maintenance. That will give you the ability to address inefficiencies, reduce overhead staff by 10-20 percent, and take advantage of volume discounts.
Outsourcing the Document Processing Center (DPC)
About 80 percent of medium and larger law firms outsource their DPCs. The DPC is far more complex these days. Color, electronic workflow, imaging, and co-location of print/copy, fax, scanning and mail/courier activities into one center require a broader skill set and specialized software and hardware.
New reproduction solutions
Traditional paper reprographics is still the core function of a DPC. But, high quality color and electronic (CD/DVD) reproduction is demanded more and more. Firms without these capabilities on-site pay more and must depend on outside vendors.
Imaging and digital conversion
The number of documents for research, litigation, and discovery has grown significantly. With the acceptance of electronic filings, firms are facing a new challenge: how to efficiently convert large amounts of documents from paper to electronic. Outsourcing the DPC leapfrogs firms from last in line to the forefront of electronic document production without the pains of retooling the DPC and re-training staff.
Document security
Law firms are frequently asked by clients to oversee the reproduction and distribution of case files. For law firms the responsibility is overwhelming. If files are lost or copies are distributed or discarded inappropriately, confidential information is exposed and the firm’s reputation is at risk. In this information security conscious era, law firms are depending more than ever on document process experts to come in and run the DPC. Document outsourcing professionals have access to ideas, systems, and processes in other industries and can bring those to solve problems in the legal environment.
Document output assessment
According to studies by Gartner Group, International Data Corporation (IDC), and InfoTrends, organizations spend up to 6 percent of revenues on document production. The cost can be reduced 20-30 percent, provided a comprehensive assessment is performed. The assessment should not be the disguise for a walking tour that counts the number of printers and recommends new machines. An assessment should provide specific recommendations and a path to achieving optimum cost per page, based on quantitative and qualitative analysis.
Managing the fleet of Copy/Print/Fax/Scan devices
It is common to find a variety of document output devices such as copiers, shared printers, desktop printers, and fax machines in a law firm. Responsibilities for managing the budget and taking care of the service, contracts, and supplies are typically fragmented. To put their arms around the cost of document output, firms typically outsource the fleet. One mistake firms make however is outsourcing to a service provider who will not take responsibility for the entire fleet irrespective of device manufacturer.
File management and records archival
According to ARMA International, 7.5 percent of misplaced documents are lost forever. According to the Association for Information and Image Management (AIIM), 15 percent of documents are misplaced and can’t be found when needed. To reduce both the number of misplaced files and the time to retrieve a file, law firms are outsourcing the file room and records management. Over the past three years, there has been a double digit increase in outsource revenues from records management work in legal. Firms usually lack a file and records management policy, consistent procedures for indexing, retention/destruction, and systems such as bar code technology and records management software. For an office with 50 attorneys, that usually results in hiring one or two more file clerks than normally required. To push efficiency even further, firms are beginning to deploy Radio Frequency Identification (RFID) solutions to track and locate files faster.
Benchmarking Document Processes and Outsourced Services
When evaluating the DPC, Mail, File Management, and admin support budgets, the most comprehensive reports typically list the actual cost vs. budget, headcount and perhaps print and copy volume. Within firms, comparisons by location rarely exist. And, a comparison against peers is guesswork at best. Document processes should be benchmarked in order to be optimized. To that end, a performance management tool that links the document process metrics (budget, volume, timeliness, effectiveness)—with the firm’s goals will measure and monitor improvement progress over time.
Gaining an Edge
In today’s competitive business climate, every law firm needs an edge. Many leading firms are gaining that edge in part by outsourcing their document processes in order to streamline operations and reduce costs. Consider these facts:
• Migrating from an internally operated to a managed DPC/Mail/Fax center the initial total cost reduction is in the 15-25 percent range
• The average year-over-year productivity improvement is 3-5 percent1
• 15 percent of documents are misplaced, and 30 percent of the work day is spent searching for information2
• 7.5 percent of documents are lost forever3
• The average cost of replacing a lost file is $120
• Law firms without a professional Records Management program typically employ 10-20 percent more admin staff to help with file management4
• Key drivers for outsourcing are consistent among studies by InfoTrends,5 Accenture,6 Corbett & Associates, and IDC:
o Reduce Costs
o Focus on core business
o Access to expertise
o Improved processes (speed, quality, accuracy)
o Access to ongoing Technology Innovation
One key to meeting these challenges is the document lifecycle approach. This methodology enables legal enterprises to outsource more effectively and better manage critical documents throughout their lifespan of value.
__________
1. Océ Business Services experience
2. AIIM surveys/studies
3. ARMA
4. Gartner Group
5. US Document Outsourcing Forecast 2004-2009
6. High-Performance Outsourcing: Gaining Control Through Outsourcing
Ray Snyder is the Segment Marketing Manager for Océ Business Services in New York, New York. He has achieved his Electronic Document Professional (EDP) certification through Xplor International.
I have heard various discussions about management and leadership. However, these terms were never really defined to my understanding or satisfaction. I wandered about the Internet and was able to find the following definitions:
Leadership: Influencing and directing the performance of group members towards the achievement of organizational goals.
http://www.booksites.net/download/chadwickbeech/Glossary.htm
Management: A team or individuals that manage resources at any level in an organization. The concepts, techniques, and processes that enable goals to be achieved efficiently and effectively.
http://strategis.ic.gc.ca/epic/internet/instco-levc.nsf/en/h_qw00037e.html
Leadership is ‘the lifting of people’s vision to a higher sight, the raising of their performance to a higher standard, the building of their personality beyond its normal limitations’ (Drucker, 1985).
http://wps.prenhall.com/wps/media/objects/213/218150/glossary.html#M
Management: the process of achieving the objectives of the business organization by bringing together human, physical, and financial resources in an optimum combination and making the best decision for the organization while taking into consideration its operating environment.
http://www.ucs.mun.ca/~rsexty/business1000/glossary/M.htm
Management and leadership do overlap. Good managers must have leadership qualities.
My thoughts about management and leadership were precipitated by a recent problem in my office. My secretary of 16 years decided that she wanted to reduce her hours to three days per week and approached me about the possibility of job sharing her position as secretary. She was the primary secretary for two attorneys. Being resourceful, she suggested the name of a secretary who would be willing to work three days per week. They would overlap one day per week, which was not a problem. Both of them were excellent secretaries. My other alternative was to hire someone full-time who was probably inexperienced and hope for the best.
I chose to participate in the job sharing experiment. Job sharing does present its own unique problems. I have a litigation practice where my secretary, paralegal and I practiced as a team. The system that we developed has functioned very well over the past decade. Everyone had a well-defined role and served as a double-check on nearly all team tasks. The keystone to the team approach is communications.
Communication problems were magnified when expanding our three person team to four people as a result of job sharing. One secretary worked on Monday, Tuesdays and Wednesday in the position, sharing the job with the second secretary who worked on Thursday and Friday. It was critical that the leftover tasks from Wednesday be communicated clearly to the second secretary. The reverse was true with the leftover tasks from Friday. Tasks such as scheduling depositions became complicated because of the necessary telephone tag that must be played in multiparty cases. My assigning tasks verbally became unsatisfactory because I had trouble keeping track of the identity of the person assigned the task. It is critical that the two secretaries employ exactly the same procedures so that they could communicate well. For instance, if follow up notes were kept by one secretary on case management software and the other on a steno pad, communications deteriorated. Also, each secretary would prioritize the shared tasks different. (I should have expected that). As a result, my work became more complicated and increased the chance that a task would be missed.
The second secretary was then hired on a full-time basis, but the job sharing continued. I finally decided that things would go more smoothly if the part-time secretary were shifted to strictly a part-time secretarial position and the full-time secretary be transferred into the secretary-receptionist team member.
It did not take a genius to see that this shift was going to cause some difficult problems. The part-time secretary would be shifted from being primarily responsible for my work for 16 years to a position of handling secretarial duties for all the lawyers and paralegals, as needed. She would have to learn how to do work that she hadn’t done in many years such as workers’ compensation and bankruptcy. She would have to change floors and offices.
On the other hand, the secretary newly hired full-time would have to handle receptionist duties five days per week instead of two days per week. There was the possibility of friction being created between the two secretaries because of my decision.
I was not sure about how to handle this problem. As a manager, I thought that I would be able to just make the decision and expect everyone to accept it enthusiastically. There is a saying: “If Mama isn’t happy, ain’t nobody happy.” In the team setting, the same is true with the secretary. Morale issues have to be considered. Feelings are important. One disgruntled employee can completely change the atmosphere of the office. It was apparent that the decision announced in a dictatorial manner would be very disruptive.
I thought that leadership was required more than a straight management approach. I needed to influence the performance of my team members towards the achievement of organizational goals. A leader is able to state his vision and persuade people to follow him toward that vision. I spoke to each secretary separately and explained the decision I was making and the reasons for the decision. Acknowledgment was given that this would radically change what they had been doing and would move each of them out of their comfort zones. We discussed my vision of serving our clients to the best of our ability in solving their legal problems. The purpose of the firm was to do what was in the best interests of the client. The purpose of the firm was not to provide each of us with a job. We were necessary in order to serve clients’ needs. With the job sharing arrangement that we had implemented, there was a greater possibility that tasks would not be done in the best and most efficient way possible. In summary, the purpose of the firm was not about us. It is about the clients.
Although my decision did not meet with a standing ovation and required multiple meetings, each secretary not only accepted the decision but also is performing her duties enthusiastically and professionally. Fortunately, the secretaries are truly professionals and believe in the vision of putting the clients’ needs first.
In my opinion, the chief difference between leadership and management is the method of motivating people. Managers can and do use authoritarian control. To be a leader, one must have followers. Following is a voluntary act. Leaders must master the art of persuasion.
Good managers have leadership skills and know when to manage and when to lead. If one is going to “ballroom dance” (the vision), one must ask his partner to dance (which is a voluntary activity). One must then persuade his partner to follow his steps. If he does not lead or his partner does not follow, the couple is merely walking and not dancing. Likewise, if the team is to move toward the vision instead of merely going through the motions, then persuasion is a necessary ingredient.
If your office is not acting as a team working for the same goal, try a little less management and a little more leadership.
__________
Maximilian M. Prusak is a principal in PrusaL Winne & Gorman. Ltd.. 403 N.E. Jefferson St. Peori& IL 61603. 309-6744222. mprusak~mtco.com
Introduction
In growing numbers, Illinois law firms have pursued the opportunity to hire a qualified paralegal in circumstances that may have dictated hiring a new associate in the past. Lawyers who currently practice without a paralegal owe it to themselves and their clients to spend a few moments reading this article. Afterwards they should be prepared to evaluate just what a qualified paralegal can do for the efficiency and profitability of a law practice. And more importantly, they should have an understanding as to how adding a paralegal to their practice will assist the lawyer in meeting or exceeding the expectations of clients.
The paralegal profession, which by some accounts has been formally in existence for the past 30 years and in reality a part of the legal landscape for much longer than that time period, is a recognized and permanent part of the practice of law in the United States and throughout the world. This recognition comes not only from the practice of members of the legal profession, but as much from the demands of the consumers of legal services here and in other countries. More often than not, clients are aware of the benefits of having paralegals to work on their cases and they specifically request (some require) that a qualified paralegal perform more of the substantive work on behalf of that client. Consequently, the U.S. Bureau of Labor Statistics continues to rank “paralegal” among the fastest growing occupations in the United States economy. The continued expansion of this career, in addition to an increased utilization of paralegals in all aspects of legal practice, requires the conscientious practitioner to explore and understand the abilities of paralegals and become familiar with the profession and what employing a paralegal may do for his or her practice and how that employment might benefit clients and the bottom line of the law firm or corporation.
Paralegal Defined
A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.
—American Bar Association
There are as many types of paralegals as there are attorneys, and the responsibilities of those paralegals vary widely. Attorneys and paralegals alike are not always sure about what a paralegal can and should do. There is a very short list of what paralegals may not do, and a seemingly endless list of what they can do. Only statutory or court authority places limits on the tasks paralegals may perform. Paralegals perform the same functions as attorneys except those generally prohibited by UPL statutes: accepting clients; setting legal fees; giving legal advice; and representing others in court.
Paralegal Education and Training
The gold standard for paralegal education and training is a degree (Associates or Bachelors) or a post-degree Certificate from a program approved by the American Bar Association. The ABA approval process is rigorous and comprehensive. There are nine American Bar Association approved paralegal education programs in Illinois. A listing of those programs with contact information is provided at the conclusion of this article. The program directors and faculty from these programs are normally the best source for finding qualified Paralegal candidates and they perform these services for free.
The primary goal of reputable paralegal programs like those ABA approved programs mentioned above is generally to produce competent, well rounded individuals who are able to work under the supervision of an attorney in the many areas of the practice of law. This general goal is met by way of several curriculum and employment related course objectives, carefully designed academic standards, coordinated faculty efforts and caring and consistent academic advisement. Unlike traditional law school education, paralegal education combines knowledge of the law with the application of the law through project based learning scenarios. Most paralegal graduates perform class based tasks during their formal education that some law students may not experience until years after they become lawyers. A student who is able to successfully complete one of these programs will have done so after demonstrating adequate knowledge and skill to be of assistance to a lawyer right out of the gate. Because of the consistent, quality education offered at most programs, especially the ABA approved programs, a lawyer-paralegal team can be up and running in a highly effective and efficient manner within a relatively short period of time.
Utilization of Paralegals
I have visited many offices over the years and been party to many discussions with lawyers and paralegals alike about the utilization of paralegals. Some lawyers and practice areas, and some geographical areas of Illinois, more fully utilize paralegals than others. It is a simple fact. Even in these areas of the state where paralegals are common, those paralegals tell us too much of their time is spent on administrative or clerical tasks rather than substantive legal ones. Lawyers will often admit that their paralegals are not utilized as effectively as they might be. More often than not this is a management and communication issue with lawyers failing to delegate or paralegals failing to seek additional or higher level work.
Utilization of paralegals has been essential to the continued success of many law offices. It is the key to finding the balance between providing the highest quality legal service while minimizing the cost to the client and profit to the firm. According to the survey efforts of the ABA’s Standing Committee on Paralegals, the National Association of Legal Assistants, the National Federation of Paralegal Associations and others, there has been substantial progress in the utilization of paralegals since the mid-1970s. Survey participants regularly report expanded roles for paralegals in their practices. The ABA approved programs mentioned conduct similar graduate and employer surveys with identical findings. These surveys have traditionally shown that lawyers in small firms who utilize paralegals delegate a wider variety of tasks and responsibilities to their paralegals than do lawyers in a larger firm.
Proper paralegal utilization often depends upon the prior experience and the inclinations of the individual lawyers for whom the paralegals work. Some lawyers are more comfortable than others with delegating legal tasks to non-lawyers. In some areas of our state lawyers simply have never had an opportunity to work with a qualified paralegal. I have spent countless hours hearing how a lawyer new to paralegals was amazed by all the things a paralegal intern was able to do within his or her practice during the internship. I have spent a similar amount of time explaining how a paralegal could add to the efficiency and profitability of a particular law practice. The list of basic considerations I consistently give lawyers, firms or corporate law departments seeking ground advice on adding and properly utilizing paralegals in their practice follow below. Some of these items were developed through trial and error and the experiences of myself and my former law partners, Max Prusak, Joe Winne and Kate Gorman-Hubler. Others made the list from my years of teaching paralegal students and working with the employers who hire our graduates.
• Paralegals should have job classifications and salaries that are distinct from those of secretaries or other support staff.
• Paralegals should not be expected to perform a significant amount of clerical or secretarial duties. While paralegals work with personal computers for document drafting, case management, database, spreadsheets etc., they should be assigned secretarial support and normally share a secretary with one or more other paralegals or lawyers.
• Paralegals should be treated as professional members of the office legal team.
• Paralegals should be given regular performance reviews similar to and on the same schedule as those given to attorneys.
• Paralegals should be given salary increases that reflect performance, experience, and his or her contribution to the success and operation of the organization.
• Paralegals should participate in meetings and other practice functions that involve matters assigned to them or practice management issues related to their assigned duties.
• Paralegals should be expected to know and understand that they are bound by the same code of professional responsibility and ethics as the lawyers in the office.
• Paralegals should be afforded an opportunity to attend CLE courses, participate in professional development and encouraged to join national and local paralegal organizations.
In recent times paralegals have become an invaluable part of the legal teams nationally and throughout Illinois. The most productive, best use of lawyers, paralegals, and support staff time comes by way of a planned team approach. As with most successful teams, the legal team members must complement one another’s strengths and compensate for one another’s weaknesses. Tasks should be assigned to the team member who can best complete the task in the most efficient and profitable manner.
Lawyers consistently identify the most critical skills a paralegal can possess as being organization, communication, interpersonal skills, and the ability to work independently. Considered less important but still desirable are the ability to conduct legal research and draft legal memoranda. Illinois seems to follow national trends with larger law firms more likely to assign some of the “paralegal” tasks to newer associates. Additionally, utilization of paralegals in litigation and transactional practices vary with some lawyers arguably finding a better balance between efficient and profitable use of paralegals within their practice. Positions in these areas appear to more closely follow the traditional or standard job descriptions. Utilization of paralegals in other types of practices or within many corporate law departments vary greatly and may provide those paralegals with a higher level of responsibility and more autonomy. However, it should be noted that there is no hard and fast rule or set concrete job description in large part due to the fact that Illinois has so many quality paralegal education programs and these programs produce talented and flexible graduates who serve the legal community well.
Cost – Benefit Analysis
If you are not now utilizing the services of a properly educated paralegal you should evaluate your practice and think about why you might do so. There are numerous benefits to paralegal utilization. Typically law firms bill a paralegal’s time at a lower hourly rate than the time of the lawyer. A properly educated paralegal can handle a wide variety of tasks a lawyer would otherwise need to perform. Delegating tasks to a paralegal means the lawyer has additional time to dedicate to matters that require his or her attention. And by the sheer nature of many practices, a paralegal assigned to a matter allows for better client satisfaction as the client gains a liaison with the lawyer who is likely less able to provide as quick or timely communication.
One of the primary benefits of employing paralegals in a law firm is that paralegals are not subject to the same “up or out” model that exists when the same work would otherwise be delegated to associate lawyers. Paralegals will never have an expectation of becoming an owner of the law firm. Associate attorneys, especially good ones, not only aspire but fully expect to become owners of the firm. If the firm makes the associate lawyer an owner, it loses the leverage and investment it has in the associate. If the firm is unable or refuses to make the associate an owner, he or she leaves and the firm still loses the leverage and investment in that lawyer. There is no expectation of long-term profitability through associates. There is with a paralegal.
Another related reason to consider employing a quality paralegal over an associate is that associates require a firm to grow continually. Associates must be good lawyers. If the associate is not a good lawyer, their legal work will be less than satisfactory and the firm risks losing clients or fails to develop new ones. If the firm wants to hire and retain good associates it must do so holding out some hope for ownership. Consequently, if the firm wants to have good associates it must continually increase its client base, because to have good associates is to eventually make new owners, which dictates that new work continually be found to leverage these new owners. In some regions of Illinois it is difficult to develop an ever-increasing amount of legal work through existing firm lawyers. Consequently, maintaining profitability solely through associates is often problematic as a long-term strategy and it has proved fatal to several Illinois firms.
Paralegals, on the other hand, will never become owners of the firm. Assuming the lawyers or firm offer reasonable compensation and work conditions the expectation of turnover is less with paralegals because they won’t be a placed in the “up or out” model. Paralegals can be trained over a relatively brief period of time and become reliable and steady long-term contributors to the bottom line long before associates. This is due largely to the different focus in paralegal education as opposed to the traditional law school model. Paralegals will never require new leverage to support themselves. And properly utilized paralegals become the leverage that supports the law firm in many ways above purely financial considerations.
Bottom Line
The bottom line is that a properly educated and trained paralegal could very well become the most valuable member of your legal team. In a short period of time, with some adjustments to your current mode of operation, a qualified paralegal can help you be more efficient and profitable. The Paralegal frees up the Lawyer to focus on desired or necessary aspects of his or her law practice just as the Physicians Assistant has freed up the Doctor to focus on other aspects of the medical practice. But don’t take my word for it. Look around at your colleagues in other law firms and practices. See how they have adapted their practice to include a paralegal. Ask why they did so and the theme will somehow revolve around efficiency and profitability. Find out about their experiences in changing their work habits and processes, the evolution of their practice. And finally, ask them if they would go back to practicing without their paralegal. The answer to that final question should be all you need to know.
__________
Tom Higgins is a member of the Law Office Economics Section Council. An Associate Professor at Illinois Central College, he currently serves as Program Director of it’s ABA approved degree and post-degree paralegal programs.
American Bar Association Approved Programs in Illinois:
Elgin Community College
Paralegal Program
1700 Spartan Drive
Elgin, IL 60123
Director: Laurel A. Vietzen
Telephone: 847.214.7466
www.elgin.cc.il.us
Illinois Central College
Paralegal Program
201 S.W. Adams
Peoria, IL 61635
Director: Thomas P. Higgins
Telephone: 309.999.4641
http://paralegal.icc.edu
Kankakee Community College
Paralegal/Legal Assistant Studies Program
River Road, P. O. Box 888
Kankakee, IL 60901
Director: Kristine M. Condon
Telephone: 815.802.8216
www.kcc.edu
Loyola University Chicago
Institute for Paralegal Studies
820 North Michigan Avenue
Chicago, IL 60611
Director: Jean A. Hellman
Telephone: 312.915.6820
www.luc.edu/paralegal
Northwestern Business College
Institute for Legal Studies
4829 North Lipps Avenue
Chicago, IL 60630
Director: James Higginbotham
Telephone: 773.777.4220
www.northwesternbc.edu/
Roosevelt University
Paralegal Studies Program
430 South Michigan Avenue
Chicago, IL 60605
Director: Carrie J. Lausen
Telephone: 312.281.3300
www.roosevelt.edu/paralegal
Southern Illinois University at Carbondale
Paralegal Studies Program
Mailcode 4540
Carbondale, IL 62901-4540
Director: Carolyn B. Smoot, J.D.
Telephone: 618.453.1234
www.siu.edu/~para/
South Suburban College
Paralegal/Legal Assistant Program
15800 South State Street
South Holland, IL 60473
Director: Ronald Kawanna, Jr., Dean, Legal Studies
Telephone: 708.596.2000 (Ext. 5807)
www.southsuburbancollege.edu
William Rainey Harper College
Paralegal Studies
1200 West Algonquin Road
Palatine, IL 60067
Telephone: 847.925.6407
Director: Paul D. Guymon
www.harpercollege.edu/catalog/career/para/index.htm