Release Notes January 2019

The 2019 ABA Techshow is coming.

If you’re like most legal professionals, you have a lot of work to do. Deadlines to meet, clients to serve. You can’t be bothered to attend a conference like this.

But you should attend.

The Techshow is the event for solo and small firm practitioners to attend. Here’s why.

Reason #1 to Attend the ABATechshow: Small firms struggle to work on the right things

It’s a trap that’s easy to fall into.

You work hard to attract and win new clients. Then, once you’ve won them over, you do your very best to take good care of them. Naturally, you do an exceptional job. You’re a professional after all, it’s what professionals do.

Most solo and small firm owners fall into the trap of working in their business rather than on their business. As it turns out, you need both. When I say working in/on your business what does that mean, specifically?

• Working in your business refers to client work. Writing, drafting pleadings, appearing in court, negotiating on behalf of your clients, etc. The work your clients pay you for.
• Working on your business is the subtle business development work that builds your business. It’s creating a marketing funnel, negotiating joint venture partnerships, appearing on podcasts or writing books.

Most solo and small firms are lopsided.

The vast majority of firms rely on referrals which they’re not sure how to systematize. They’re not sure how to remove themselves from their business adequately so they create traps for themselves.

• They struggle to get clients, going through feast and famine cycles or
• They struggle with burnout as they attract more clients and more work

This is why you need the ABA Techshow. When it comes to working in your business, you’re probably already an expert. Attending the Techshow is a chance for you to supercharge your work on your business. It’s an opportunity for you to build relationships with key influencers, identify new potential partners and more.

Reason #2 to Attend the ABATechshow: Find software power-ups for your law firm

Attorneys, paralegals and support teams are under a significant amount of pressure. They’re hard pressed to squeeze out more billable time. They’re expected to accomplish more work in less time.

It’s a struggle.

Most attorneys are lucky if they’re able to get three hours of billable work done each day. The majority of attorneys lose six to eight hours of their day to non-billable work.

Is there a solution?

Any solution to the long list of problems you’re already struggling with?

Absolutely.

There’s a very good chance that there’s at least one person with a solution for each of your problems. Here’s why that’s so significant.

They’re grouped together.

There’s a long list of speakers, influencers, vendors, software and solutions to the issues that keep you up at night. You have access to a condensed list of providers who are more than willing to help you solve your firm’s most pressing issues.

Software power-ups if you will.

Tools that empower the employees in your firm. Where every person accomplishes the work of five to ten people in less time. Tools that improve your firm’s performance (e.g. productivity, utilization, realization).

Skeptical?

You should be. Attending the Techshow gives you a chance to collect evidence from providers directly. You’ll be able to test and vet the tools and software that solves your problems.

The ABA Techshow is your chance to pull ahead

The Techshow is the event for solo and small firm practitioners to attend. If you’re like most legal professionals you have a lot of work to do. Deadlines to meet, clients to serve. It’s a conference that can produce extraordinary results for your firm.

But, only if you have the right approach.

Most solo/small firms work in their business, but very few work on their business. The ABA Techshow is your chance to improve both. It’s your chance to find the software and tools that will improve your business and increase your revenue.

If you already have plans to attend the ABA Techshow at the end of February, come find the Bill4Time team at Booth 930!

What makes a paralegal indispensable?

It isn’t hard work specifically, though that’s an important component of the job. If you’re a paralegal you already know how hard you work.

Your firm knows it too.

You’re worth every penny (and more) to your firm. Yet, many paralegals feel they aren’t viewed as the indispensable producers they are. How do you change that? How do you get your firm to treat you as the valuable teammate you are?

The thorny strategy many paralegals ignore

Your job is tough.

No doubt about it. You perform many of the same duties and functions attorneys in your firm perform, but you do it for less pay. It’s not because you’re incapable. Many paralegals know the law better than many other attorneys.

Take Tab Artis.

Artis started off as a paralegal. He sat for the California Bar Exam – without having attended law school. Between November 1997 and November 2007, only eight people had taken the California Bar Exam without a law degree and passed on the first try.

Artis was one of those eight people.

Paralegals are hardworking, capable and proficient at what they do. However, these ingredients alone won’t make you indispensable. These ingredients are the starting point.

They’re the foundation.

Here are the three ingredients you’ll need to become an indispensable paralegal.

Ingredient #1: You solve problems in (at least) one of three ways

You already know it.

Problem-solving is a fundamental part of a paralegal’s job. What you may not know is this. How you go about solving problems for your firm matters just as much as the solution itself. There are three ways to solve problems effectively at your firm.

1. You develop the ability to solve a problem, any problem immediately or at the very least, faster than anyone else in your firm.
2. You solve problems in such a precise or complete way that these specific problems are permanently and completely fixed (e.g. recommending a process, tool or battle-tested approach that fixes billable leakage or time tracking issues permanently).
3. This is as obvious as it sounds. You consistently solve simple, complex and recurring problems cheaply.

The core values here?

This needs to be done consistently. The results should be incredible yet routine. You want to spoil your firm with your outstanding performance because this is the key that produces dependence.

It gets better.

Do one of these consistently and you become indispensable (over a long period of time). Do two of these and you become indispensable in a much shorter period of time.

Ingredient #2: Specialize in a tangential niche

You’re probably already a specialist.

If you’re a paralegal you probably have a specialty. Some specialize in a specific practice area (e.g. tax, estate, bankruptcy or corporate law). Others specialize by bringing more experience or education to the table.

That’s not what I’m talking about.

The specialization I’m talking about is more foundational. It’s something that flows directly from your personality. I’m talking about your social gifts. In The Tipping Point, Malcolm Gladwell points out several types of people with rare and unique social gifts.

• Connectors are the paralegals who seem to know anyone and everyone. Saying they know lots of people is an understatement. They’re in the habit of creating or making introductions and connecting with people up and down the status chain. Drop them off in a new city and these connectors will have hundreds of new friends by nightfall.
• Mavens are information specialists who collect, harvest and share new information. These paralegals have a deep set of t-shaped knowledge and are almost “pathologically helpful.” A maven uses their incredibly deep reservoir of knowledge to solve other people’s problems, usually by solving their own.
• Salesmen are charismatic persuaders with a knack for negotiation. These paralegals are adept at getting others to agree with and believe in them. They’re also great at gaining access to incredibly difficult to reach people or places.

These skills are extremely valuable.

Why?

They’re extremely difficult to find in the general population. The vast majority of people simply don’t want to do the work involved to cultivate these skills and tendencies.

But this is the secret.

This is how you become indispensable to your firm. It’s also how you consistently command an above average salary in a highly competitive market. Master these skills and you can write your own ticket. Eventually, you’re simply too valuable for your firm to lose.

Ingredient #3: Say Yes to the impossible

Partners often ask for the impossible. Their demands are often times, foolish, ridiculous and unrealistic. Often times they don’t know what it takes to do what they want.

Which is exactly why you should say Yes…

… With conditions. The jaded or mistreated paralegal often responds to these requests with an emphatic “That’s not my job!” That’s not what your boss wants to hear.  You know it, I know it.

So you add conditions to your Yes.

• “I’m supposed to be doing X; did you want me to drop that and focus on Y?”
• “I can get it done if I have X, Y and Do you want me to talk to purchasing about getting that?”
• “Let me give it a shot. X could prevent me from getting it done but I’d like to try and work around it. Is that alright?”
• “Would you give me a day or two to figure out how to do this right?”

See what I mean?

These answers show you’re loyal, committed and at the very least, always willing to try. When you set the tone for this kind of behavior you’re building trust in your firm. Here’s an important bonus. When you tell the partners No, They’re far more likely to trust your judgment.

“Moriah rarely says no. If you get a No, you can be sure there’s a very good reason.”

Most paralegals ignore this, because they don’t know

You’re worth every penny (and more) to your firm. Yet, many paralegals feel they aren’t viewed as the indispensable producers they actually are. How do you change that? How do you get your firm to treat you as the valuable teammate you are?

The secret is out.

This post shows paralegals a simple strategy you can use to become indispensable to your firm.

This is how you do it.

This is how you consistently command an above average salary in a cut-throat and highly competitive market. Master these skills and you can write your own ticket. You’re simply too valuable for your firm to lose to a competitor.

All it takes is practice.

With consistent effort and a focus on providing the right kind of value, your firm will realize the truth. You’re the indispensable paralegal they desperately need.

What’s behind every great attorney? The ideal paralegal.

According to the Bureau of Labor Statistics, paralegal employment is projected to grow at 17 percent from 2012 to 2022. That’s twice as fast as the rest of the legal industry.

Savvy firms know why.

Clients want more. No, they’re demanding more. Law firms are under a significant amount of pressure to produce higher quality work. Firms are expected to produce results in less time and with less money, even as rates increase nationwide.

Law firms are struggling to keep up

According to the 2018 Report on the State of the Legal Market, growth in demand for law firm services is sluggish. Rate progression is climbing as realization rates continue to fall.

This is the state of the modern law firm. Competition is fierce as firms battle for a smaller slice of the pie. It’s a buyer’s market and clients know it. As a result, they’ve decided to increase their demands.

It’s harsh but understandable.

This is the environment paralegals are expected to perform in. More and more, paralegals are expected to perform many of the same duties as attorneys (with supervision of course). As far as expectations go, this isn’t new. What is new is the fact that paralegals face resistance on all sides.

We’re getting ahead of ourselves.

Before we can create a profile of the ideal paralegal we need to answer a basic question. What exactly is a paralegal?

Seriously?

I know, I know. This seems like a ridiculous question to ask. Any legal professional worth their salt knows the answer to this question, right?

Wrong.

Remember my previous post about paralegal best practices? There’s a significant amount of confusion regarding a paralegal’s roles and responsibilities.

Are they simply administrative assistants who take phone calls and handle routine tasks like transcription? Or are they proficient legal professionals expected to handle the overflow attorneys simply don’t have the time to do?

The answer is subjective.

It varies depending on the firm. Paralegals, in general, are treated as a…

1. “Highly qualified administrative assistant” who spends a significant amount of time on low-value tasks (i.e. coffee) a single intern can handle.
2. “Highly skilled legal professional” who’s able to manage a significant amount of legal work (with the appropriate levels of supervision and support).
3. “Highly skilled legal professional” who doubles as an administrative assistant in a pinch. This has a negative impact on utilization rates.

Here’s why this matters.

Some firms expect paralegals to juggle these expectations. In firms where paralegals wear multiple hats, they’re forced to manage mutually exclusive demands.

It’s frustrating.

Here’s how that plays out.

• Attorney A views Paralegal A as a “highly skilled legal professional“
• Attorney B views Paralegal A as a “highly qualified administrative assistant“
• Attorney A and Attorney B both ask Paralegal A for “help” at the same time.
• Attorney A needs help preparing a legal document. Attorney B wants coffee in 15 minutes.

See the problem?

Admittedly, this isn’t a problem for healthy law firms but they’re the exception, not the rule. If we’re going to create a profile of the ideal paralegal we need to define what a paralegal actually is.

What’s a paralegal?

If you’re a paralegal you’re a highly skilled legal professional.

“Paralegals perform substantive legal work that would otherwise be done by attorneys. Clerical work is not substantive legal work.”

The answer seems obvious but there are quite a few attorneys who treat paralegals as if they’re administrative assistants.

What’s an ideal paralegal?

The ideal paralegal provides attorneys and law firms the opportunity they need to spring ahead. To keep up with the external demands placed on them by clients and the industry.

This is what’s needed.

It all comes down to personality. The big five personality traits also known as the OCEAN model provides firms with a template for the ideal paralegal.

Here’s how it works.

The OCEAN model lists five dimensions of personality which are defined as:

• Openness reflects intelligence and the degree of intellectual curiosity, creativity and desire for novelty a person has. Paralegals who are high in trait openness are curious and well suited to be mavens, professionals who are able to take in a tremendous amount of information.
• Conscientiousness reflects a tendency towards trustworthiness, self-discipline and reliability instead of spontaneity. Highly conscientious people are hardworking, reliable and focused. Paralegals who are conscientious will either be industrious, hard working and focused on performance and competence or orderly more organized and less cluttered (e.g. highly organized, efficient and neat).
• Extraversion refers to attention seeking, dominance and an outgoing personality. Paralegals who are high in extraversion are [typically connectors or salespeople]. These paralegals are fantastic connectors and are able to build connections to and network with, key influencers.
• Agreeableness measures a person’s trusting and helpful nature. Highly agreeable people are seen as compassionate and cooperative. Paralegals who are high in agreeableness are easy to get along with and easy to please. They do their best to avoid conflict.
• Neuroticism points to a person’s tendency towards psychological stress. It refers to emotional stability and psychological well-being. Paralegals with very high levels of neuroticism tend to have worse psychological well-being. Neuroticism trends towards avoiding risk.

Are you seeing it?

The profile of your ideal paralegal?

No?

Each of these personality traits points to a particular strength or weakness. It’s something you’ll need to determine for your firm. These personality traits can be a blessing or a curse depending on a variety of factors such as:

• Practice area. High-stress practice areas are hard on paralegals who are high in trait neuroticism.
• The amount of research involved. Paralegals who are high in trait openness will enjoy heavy research and analysis.
• Relationships and connections. Extravert paralegals will thrive in environments where they spend a significant amount of time working, negotiating and interacting with people. Low conflict practice areas are ideal for paralegals who are high in agreeableness. High conflict practice areas are perfect for paralegals who thrive on strenuous negotiation and conflict.
• Firm size. If you’re running a large firm use extraversion as a measurement to identify paralegals that are best for your firm.
• Problem areas. This can include client demands, firm challenges (e.g. billable leakage, document management issues or time tracking woes) or any other issues that create problems.
• High-risk environments will break paralegals who are high in neuroticism. Those low in neuroticism thrive in any environment as they’re more stress resilient.

See it now?

The ideal paralegal depends on a variety of factors, including your practice area, circumstance, proximity to people and the type of work that’s being done.

What does that look like?

How can paralegals use this data to improve their profile inside of their firm? Here are a few examples to show you what I mean.

• More and more, clients refuse to pay for research. However, research is an indispensable part your work. How can paralegals help you solve this problem? You hire a paralegal who is high in trait openness and demonstrates maven-like qualities.
• Your law firm focuses on one or two practice areas. The work clients request is fairly routine (wills and trusts). Your firm relies on a subscription or fixed fee AFA. The partners want to find a way to make this billing model work financially. You increase your attorney to paralegal ratio (e.g. 3:1), hiring agreeable and highly conscientious paralegals to handle the routine paperwork (with attorney supervision of course).
• You’re running a small one or two person firm. You’re looking for a way to take on more work without hiring an additional attorney. You recruit a paralegal who’s high in agreeableness and trait conscientiousness (orderliness) to help you grow your firm. Your paralegal helps you build your firm from the ground up in exchange for a sizable future reward.

The possibilities are endless.

And specific.

There isn’t just one profile of the ideal paralegal in the modern law firm. There are lots of profiles and they all depend on you. Are you a paralegal? Your personality is your greatest strength. Running a solo, small boutique law firm? Finding the right paralegal can be simple and straightforward.

What’s behind every great attorney?

A paralegal.

Clients want more. Law firms demand more as well. This is the state of the modern law firm. Competition is fierce as firms battle it out for a smaller piece of the pie. It’s a buyer’s market and clients know it.

Paralegals are the answer.

Paralegals perform substantive legal work that would otherwise be done by attorneys. They’re highly skilled legal professionals. It’s the reason demand is growing at 17 percent.

It’s more than that.

Paralegals give law firms the chance to compete in a dynamically shifting market. Paralegals give law firms the breathing room they need. It isn’t about a single profile, it’s about your profile. Choose thoughtfully and you’ll find the ideal paralegal is one that fits perfectly in the most important law firm, yours.

Client expectations are growing. They need paralegals. But what are those best practices paralegals need to help their firms fulfill the needs of their clients?

Today firms are expected to produce work that provides a significant amount of value for clients and their interests. Firms are struggling under the weight of an ever-increasing workload. It’s too much for attorneys to bear on their own.

They need you.

Firms are relying more and more on paralegals to help them manage their growing workload.

Why paralegals should carry this heavy workload

It’s a chance to add value.

It’s an incredible opportunity to show everyone in your firm that you’re the indispensable legal professional you know yourself to be.

Why does that matter?

There’s a significant amount of confusion regarding a paralegal’s roles and responsibilities. As far as firms are concerned paralegals aren’t created equal. What’s worse, some firms have a diminutive view of paralegals.

These disparities are harmful.

Paralegals are either viewed as (a.) a “highly qualified administrative assistant” who is asked to spend a significant amount of time on low-value tasks an intern can handle or (b.)  A “highly skilled legal professional” who’s able to manage a significant amount of complex legal work (with the appropriate levels of supervision and support).

It’s complicated, isn’t it?

Then, to complicate things further, there’s a small segment of attorneys who are threatened by paralegals. As firms ask paralegals to take on more work these attorneys resist, they’re afraid of becoming “displaced.”

Paralegals can fix this.

How? How can paralegals go about solving this complex, unpleasant and difficult problem?

By following best practices, paralegals can succeed.

Paralegals become too important to ignore when they follow best practices with unrivaled discipline. Which best practices are we talking about specifically?

Best practice for paralegals #1: Creating/following firm protocols

Your firm needs clear project, task and document management protocols. If they already have them it’s important that you follow them (many in your firm won’t). If you don’t have them, discuss them with management/partners in your firm.

You’ll want to create processes and guidelines for:

• Security, access, and privileges (e.g. determining who has access to what, when and why)
• Project, case and matter outlines and checklists
• Document access and management protocols
• Time tracking, billing, invoicing, accounting and reporting guidelines. Follow these protocols to the letter
• Managing disclosure notices and production requests

If you’re organized the people on your team are far more likely to be organized. This means paralegals have a direct impact on their firm’s utilization and realization rates.

Best practice for paralegals #2: Improving your organizational skills

It depends on the firm but paralegals today are expected to:

• Review and organize client files
• Perform legal research
• Prepare legal documents
• Draft pleadings
• Process discovery notices
• Interview clients and witnesses
• Administer subpoenas
• Manage a bevy of minor administrative requests (e.g. get coffee, return phone calls, etc.)

Today these tasks have ballooned into something more comprehensive. Paralegals at many firms are now expected to:

• Manage and coordinate electronic discovery
• Coordinate risk assessments
• Perform due diligence (delineated by practice area)
• Coordinate/manage compliance in specific/key areas
• Handle litigation activities (e.g. drafting pleadings, preparing for the trial, etc.)
• License and contract negotiation
• Monitor intellectual property
• Draft minutes
• Handle project, task and document management

This isn’t an either-or proposition. Oh no, this is an all of the above proposition. Paralegals are expected to handle a massive list of to-dos.

A list that continues to grow.

The more efficient you are at completing this growing list of to dos, the easier it will be to produce the results you need.

Rely on:

1. Checklists, policies, procedures and protocols
2. Software tools, resources and training aids that increase productivity and provide leverage
3. A team of connectors, mavens and salespeople who improve your productivity

These three strategies keep you organized. They maintain efficiency and productivity. This seems so obvious. Why am I suggesting that you do this?

Because most of your peers aren’t doing this.

They’re not producing the volume of work that needs to be done and that’s simply due to a lack of the basics. It’s common for attorneys to make routine mistakes.

Best practice for paralegals #3:  Voluntary CLE

Continuing legal education should be an ongoing concern. A large body of knowledge gives you the tools you need to become indispensable to your firm. But where do you start, what should you learn first?

• Develop basic business skills so you’re able to identify tasks that need to be delegated by attorneys to you
• Improve your project, matter and task management skills
• Improve your communication skills (reading and writing). Work to communicate clearly and precisely
• Identify when you’ll need to ask attorneys to delegate key tasks to capable paralegals (you)
• Request additional legal training from your firm
• Identify ways to improve paralegal utilization your firm
• Help the attorneys in your firm identify tasks, projects and activities you can help them with

Continuing your legal education is the easiest way to increase the value you’re able to provide to your firm. This, in turn, gives you the negotiating power you need to increase the salary, benefits and perks you receive.

Your firm’s expectations are growing.

These expectations are growing in direct proportion to client demands. Firms are expected to produce a large volume of outstanding work. But firms are struggling under the weight of an ever-increasing workload. It’s simply too much for attorneys to bear on their own.

You’re needed more than ever.

Carrying this workload is an opportunity. It’s a chance for you to show your firm that you’re the indispensable paralegal professional you know yourself to be.

It isn’t complicated.

It all boils down to best practices. You’re a highly skilled legal professional. Consistently following best practices validates that claim. With the right approach and good habits, you’ll have what you need to meet your firm’s growing expectations.