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Bar Bulletin
PARALEGALS: A LITIGATOR’S UNTAPPED RESOURCE
By Melanie K. Snyder
Very often,
our most valuable assets are sitting right before our eyes. This adage is
particularly applicable to litigation firms in relation to the paralegals they
employ.
Saving time
and money, while preparing a superior work product, continue to be primary goals
of most litigation firms. Unfortunately, accomplishing these goals within the
constraints placed on litigators both by their clients and by the unpredictable
nature of their practice, becomes a challenging, and often unobtainable, feat.
With the assistance of the newest generation of well-educated and experienced
paralegals, however, litigators finally can achieve these goals. If utilized to
their full potential, paralegals today can provide efficient, affordable and
effective assistance during every stage of the litigation process.
From the
onset of any litigation matter, paralegals can offer their assistance by
conducting and summarizing initial and follow-up interviews of clients, drafting
correspondence and preparing summary memoranda. Paralegals, who are typically
more accessible and cost effective than associates, can thereafter act as daily
liaisons between clients and their attorneys.
By undertaking these
responsibilities, paralegals are in an ideal position to assist in developing
legal theories, uncovering possible defenses and creating a successful
litigation strategy. At the same time, paralegals are best able to review,
maintain and update clients’ files and litigation calendars.
As the litigation process
continues, paralegals can provide considerable support with legal research and
writing. Indeed, these skills are the central and continuing focus of today’s
paralegal education programs. Paralegals are trained in how to research the law
from various books, as well as how to obtain legal information from the
Internet, Westlaw and Lexis. Through this training, paralegals are able to
gather, review and analyze cases, statutes and other legal authorities. A
strong emphasis in paralegal education courses is also placed on proofreading,
shephardizing legal authorities and understanding the proper citation technique
in accordance with the “Bluebook.”
After mastering these basic
research skills, paralegals become adept at drafting, editing and cite checking
all types of legal documents, including complaints, answers, motions, pre- and
post-trial memoranda, and appellate briefs. Paralegals’ ability to draft legal
documents is reinforced through law courses designed to teach a firm
understanding and application of the Maryland Rules of Procedure.
Paralegals’ reputation as being
particularly indispensable during the discovery phase of litigation is also well
deserved. They can easily assume the principal role of coordinating with
clients on all discovery issues. Their capabilities during the discovery phase
include reviewing, organizing and producing discovery, drafting discovery
requests and responses, preparing witnesses and clients for depositions,
drafting deposition outlines, attending depositions, and extracting and
summarizing deposition transcripts.
Having the most familiarity with
the underlying facts supporting the case, paralegals are well suited to assist
attorneys in preparing for trial. For example, paralegals can prepare
witnesses, experts and clients for trial, draft trial memoranda, outline direct
and cross-examination questions for witnesses, create and manage exhibits and
demonstrative evidence, and organize exhibits, discovery documents and legal
research in a trial notebook.
At the post-trial stage of
litigation, paralegals can prepare settlement calculations, draft any necessary
settlement documents and releases, attend settlement conferences and assist in
the collection of judgments. They can also draft notices of appeal or
dismissal.
Paralegals today are
technologically savvy, not only able to utilize the latest computer software
programs, but also able to develop more effective billing, case management and
information retrieval systems. Paralegals are able to locate, assemble
information concerning, and interview, potential expert witnesses and
investigators. Without cost to the firm, paralegals can also receive recent
electronic publications, cases and periodicals, enabling them to keep attorneys
abreast of the latest developments in the law.
Today’s paralegals are well
prepared for a career to which they have willingly chosen to dedicate their
time, effort and talents. They have been trained to undertake many of the same
responsibilities as attorneys, so long as their work is not considered the
“unauthorized practice of law.” Unfortunately, many litigators are reluctant to
use paralegals to their full potential, often refusing to expand paralegals’
roles outside of the discovery process. Diversifying paralegals’
responsibilities, however, would be both cost effective for the individual
clients and time efficient for the litigation attorneys. In short, by allowing
paralegals to demonstrate their abilities in all areas in which they have
been educated and trained to perform, law firms can develop, improve and
maintain a more profitable and respected litigation practice.
Melanie
K. Snyder, Esq. is an attorney and an Assistant Professor of Law at Villa Julie
College in Stevenson, Maryland. She teaches in the Paralegal/Pre-Law Division.
