Top 10 Paralegal Responsibilities By: Michelle May O’Neil and Karri Bertrand Bolton Highly skilled paralegals are an extremely valuable resource to attorneys. This “Top 10 Paralegal Responsibilities” list encapsulates some of the qualities most valued in a paralegal. A paralegal should always maintain a high degree of competency to better assist the legal profession in fulfilling its duty, which is to provide quality legal services to the public.1 Mastering these 10 things will help ensure that you fulfill your ethical obligations both to the profession and to your attorney. Now, for the countdown - 10. Model Professionalism. Show others how professionalism is done. Honesty, integrity, loyalty, and dedication to your profession and to your attorney are of the utmost importance. Canon 8 of the Code of Ethics and Professional Responsibility of the Paralegal Division of the State Bar of Texas states: “A paralegal shall maintain a high standard of ethical conduct and shall contribute to the integrity of the paralegal profession.” Always. 9. Draft to Impress. When it comes to drafting, the little things and details matter. Careful proofreading for typographical errors, spelling, grammar, font size, and page footers is imperative. Beyond skillfully-drafted pleadings, your ability to prepare attorneys for hearings and trials will also set you apart. See Appendix B for a sample hearing binder index, and Appendix C for a sample summary exhibit for voluminous documents. 1 Canon 9, Code of Ethics and Professional Responsibility, Paralegal Division of the State Bar of Texas

8. Huddle Up. Always remember that teamwork makes the dream work. There will be many days when circumstances necessitate an “all hands-on deck” approach to prepare for a hearing or trial, and playing well with others in those situations is not optional. Paralegals must be willing and able to accept direction from attorneys and other paralegals as needed, as well as give direction and delegate work to legal assistants and secretaries. The client is the VIP and doing whatever it takes to get the job done is always going to be top priority. Check your ego at the door and be willing to huddle up for the greater good. 7. Say “Yes!” “Your attitude, not your aptitude, will determine your altitude.” - Zig Ziglar No. 7 is all about attitude. Whenever you are asked to take on additional responsibilities or duties, the answer is always “yes,” without hesitation. If you do not say yes, someone else will, and giving your employer the opportunity to rely on someone other than you is never a good idea. In that moment, the task may seem daunting, but say “yes” first and figure out the how later. When opportunities come knocking, graciously open the door and accept new responsibilities without reluctance. Believe in yourself and in your ability to accomplish the seemingly impossible, and then strategize a way to accomplish the task at hand. Utilize all your resources – brainstorm with your coworkers, reach out to your paralegal network, and/or delegate portions of the project to the legal secretaries or assistants within your organization. Where there is a will there is a way, and you want to be the one to

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demonstrate to your employer that you can be trusted to get the job done. 6. Know Your Worth. Paralegals who know their worth are well-compensated and in demand. There are several ways you can increase your marketability and/or value to your employer, including becoming certified through NALA, registered through NFPA, or becoming Board Certified® in your area of practice. Becoming a member of the Paralegal Division of the State Bar of Texas, joining your local paralegal organizations, and regularly attending continuing legal education events will also provide you with additional valuable resources and networking opportunities.

Becoming a stellar biller or timekeeper is yet another way to propel yourself to the top and increase your value. Daily, consistent time capture is essential, as recreating your time at the end of the billing cycle results in nothing more than lost time and unnecessary frustration. Proofreading your time entries for spelling, grammar, and accuracy is also critical. Crafting time entries that succinctly and accurately convey the work performed is an artform worthy of your efforts. See Appendix A for a helpful list of verbs to incorporate into your billing entries to avoid repetitive descriptors such as “review” and “prepare.” Accurate billing entries are extremely important for purposes of recovering attorney fees in contested litigation, as work performed by non-attorneys is compensable under statutes authorizing attorney’s fees awards.2 Billing entries should always contain the following: (1) the date the service was rendered; (2) a brief description of the 2 Gill Sav. Ass’n v. Int.l Supply Co., 759 S.W.2d 697, 705 (Tex. App. 1988), writ denied (Jan. 11, 1989). 3 Id.

work that was performed; (3) the time spent performing the particular task; (4) the initials of the person performing the work; and (5) the total amount due as a result of the services which were rendered.3 Always ensure you have adequately covered these bases. 5. Speak Up. Knowing where your experience is lacking is equally as important as having depth to your skills base. Always ask questions when you are unsure about something – your attorney’s license depends on it. Canon 3 of the Code of Ethics and Professional Responsibility of the Paralegal Division of the State Bar of Texas states: “A paralegal shall exercise care in using independent professional judgment and in determining the extent to which a client may be assisted without the presence of any attorney, and shall not act in matters involving professional legal judgment.” Speaking up and asking questions will help ensure that you do not overstep the ethical bounds of your professional duties. Additionally, it is incumbent upon you to be aware of the ethical rules regarding the unauthorized practice of law, including but not limited to the following: (1) never portray yourself to others or allow others to think that you are a lawyer; (2) do not give legal advice; (3) do not quote legal fees; (4) do not appear in court even if your lawyer instructs you to do so; and (5) do not draft legal documents for your friends outside the scope of your employment and/or without the direct supervision of your lawyer.4 “Practicing law in Texas is limited to members of the State Bar and others who comply with the rules set forth by the Texas Supreme Court … These are … safeguards put in place to ensure high standards for those [who] provide legal

4 For more information, see the Texas UPL Committee website at www.txupl.org.

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services. These safeguards also protect those who seek and receive legal services.”5

4. Triage.

Carefully plan each day and then be prepared to quickly discard those plans and adapt to any emergencies that may arise. Your job is to constantly reprioritize your day based on the needs of the attorneys and clients. This is difficult and requires focus, experience, common sense, communication, and quick-thinking. Particularly when dealing with emergencies, be careful, and always keep in mind Canons 2 and 3 of the Code of Ethics and Professional Responsibility. Canon 3 is quoted above, and Canon 2 states: “A paralegal shall not perform any of the duties that attorneys only may perform or do things which attorneys themselves may not do.”

3. Keep Secrets.

While paralegals do not have clients because they do not practice law, they do have an ethical duty to protect clients’ confidential information.6 Canon 4 of the Code of Ethics and Professional Responsibility of the Paralegal Division of the State Bar of Texas states: “A paralegal shall preserve and protect the confidences and secrets of a client.” More specifically, topics you may not discuss with others outside the scope of your employment include: (1) identity of clients; (2) details of a fee agreement; (3) facts of acase; and (4) any information subject to theattorney-client privilege. Also, be careful toavoid any inadvertent disclosure ofconfidential information through carelesserrors such as sending out-of-office e-mailsto the wrong recipient or misplacing orremoving documents from your workplace.

5 Borski, Laurie. Scruples: The Unauthorized Practice of Law in Texas, Texas Paralegal Journal, 2006, State Bar of Texas.

2. Calendar Everything.

Missed deadlines equate to malpractice for attorneys. Ensuring that every single important deadline is on the calendar is imperative and cannot be overemphasized. Stay organized and look ahead to the next week or two to anticipate needs for upcoming deadlines, hearings, or trials. The calendar is your attorney’s lifeline and it should always be a priority to keep it updated and accurate.

And, finally -

1. Communicate Effectively.

Your number 1 most important responsibility as a paralegal is to communicate effectively. Paralegals are relied upon daily to communicate with every single important player in any given case, including attorneys, clients, staff, witnesses, court reporters, title companies, banks, law enforcement, courts, or opposing counsel. Your ability to do so effectively – meaning efficiently, accurately, and reliably, is the most important aspect of your job.

Appendices

A. Billing verbs listB. Hearing binder indexC. Sample summary exhibit

6 Borski, Laurie. Scruples: A Paralegal Change of Employment and the Duty to Protect Client Confidences, Texas Paralegal Journal, 2005, State Bar of Texas.

Billing verbs: Assess Guide Brainstorm Question

Assess Assign Initiate Collaborate Refer Collate Authorize Recognize Conceive Reinforce Contact Catalog Set goals Conceptualize Relate Develop Centralize Spearhead Debug Render Evaluate Chart Accomplish Decide Report Instruct Collect Achieve Decipher Settle Outline Confirm Added Detect Shape Plan Delegate Advance Formulate Smooth Resolve Designate Attain Recommend Specify Supervise Design Augment Revamp Spoke Verify Establish Boost Theorize Solicit Confirm Facilitate Built Account for Submit Revise Implement Combine Appraise Write Analyze Incorporate Complete Approximate Suggest Draft Institute Consolidate Audit Substantiate Dictate Issue Construct Balance Summarize Attend Link Contribute Budget Supplement Schedule Map out Deliver Calculate Support Prepare Obtain Demonstrate Check Survey Confer Organize Diminish Compile Translate Index Procure Earn Compounded Accommodate Organize Recruit Eliminate Compute Aid Handle Retrieve Enlarge Conserve Advise Coach Schedule Enlist Convert Alleviate Develop Select Ensure County Assist Brief Simplify Excell Dispense Assure Re�-iearch Suggest Expand Disperse Bolster Collaborate Track Expedite Enumerate Counsel Synthesize Act Extend Estimate Dealt Accomplish Administer Finalize Figure Eased Generate Carry Out Fulfill Inventory Enable Complete Complete Gain Maximize Enhance Administer Conduct Generate Project Familiarize Anticipate Display Hasten Quantify Help Determine Distribute Heighten Reconcile Intercede Devise Exercise Improve Tabulate Mobilize Forecast Inspect Increase Argue Model Formulate Index Innovate Brief Polish Identify Maintain Integrate Clarify Provide Observe Measure Minimize Cleared up Validate Prioritize Modify Open Communicate Streamline Research Monitor Orchestrate Compose Moderate Reserve Refine Overcome Correspond Prioritize Strategize Screen Prevail Critique Oversee Study Scrutinize Qualify Deliberate Mark Tailor Supervise Realize Draft Investigate Acquire Tighten Receive Edit Activate Trace Reduce Educate Adjust Update Rejuvenate Explain Allocate Change Renovate Inform Alter Conduct Restore Instruct APPENDIXAppoint Direct Target Negotiate AArrange Encourage Uncover Perceive Assemble Foster Alleviate Present

NO.

IN THE INTEREST OF §

§

§

§

§

IN THE DISTRICT COURT

- JUDICIAL DISTRICT

- - COUNTY, TEXAS

INDEX TO HEARING AT 9:00 A.M.

MOTIONS TO BE HEARD:

1. HER First Amended No-Evidence Motion 09.05.2017 for Summary Judgment

2. HER Motion to Compel Discovery Responses 08.24.2017 and for Sanctions

3. HIS Response in Opposition to Plaintiffs' Motion 08.30.2017 To Compel Discovery and for Sanctions

PLEADINGS:

4. OAG Petition for Confirmation of Non-Agreed 10.25.2016 Child Support Review Order

5. HIS Petition to Modify Parent-Child Relationship 04.03.2017 and Answer to Petition for Confirmation of Non-Agreed Child Support Review Order

6. HER Original Answer 04.28.2017

7. HER No-Evidence Motion for Summary Judgment 07.01.2017

8. HER Counterpetition to Modify Parent-Child 09.05.2017 Relationship

9. HER First Amended Original Answer 09.05.2017

PRIOR ORDER:

10. ORDER Agreed Final Decree of Divorce 09.06.2012

APPENDIX

B

APPENDIX

CNO.

IN THE INTEREST OF § IN THE DISTRICT COURT§

- JUDICIAL DISTRICT§

- COUNTY, TEXAS§

SUMMARY OF SCHOOL RECORDS FROM SCHOOL

TIME SPENT AT

DAYS DATE CHECK-IN CHECK-OUT TIME SPENT 1 02/09/17 11:32:00 AM 12:00:00 PM 0:28 2 02/07/17 11:36:00 AM 11:56:00 AM 0:20 3 02/04/17 11:45:00 AM 12:29:00 PM 0:44 4 02/03/17 11:27:00 AM 12:12:00 PM 0:45 5 01/31/17 11:39:00 AM 12:03:00 PM 0:24 6 01/27/17 11:38:00 AM 12:21:00 PM 0:43 7 01/24/17 11:44:00 AM 12:37:00 PM 0:53 8 01/23/17 3:21:00 PM 4:18:00 PM 0:57 9 01/19/17 1:32:08 PM 2:12:53 PM 0:40 10 01/19/17 1:22:00 PM 2:06:00 PM 0:44 11 01/17/17 11:40:25 AM 12:40:35 PM 1:00 12 01/17/17 11:40:00 AM 12:00:00 PM 0:20 13 01/12/17 11:26:14 AM 12:26:39 PM 1:00 14 01/12/17 11:26:00 AM 12:12:00 PM 0:46 15 01/05/17 11:26:01 AM 12:05:20 PM 0:39 16 01/05/17 11:25:00 AM 12:04:00 PM 0:39 17 01/03/17 11:39:04 AM 12:01:55 PM 0:22 18 01/03/17 11:38:00 AM 12:01:00 PM 0:23 19 12/15/16 1:45:00 PM 2:47:00 PM 1:02 20 12/15/16 7:51:00 AM 8:06:00 AM 0:15 21 12/15/16 11:23:00 AM 11:49:00 AM 0:26 22 12/14/16 7:49:27 AM 8:19:50 AM 0:30