Maryland Bar Bulletin
Publications : 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.