Ethics of Improving the Legal System

One of the ethical responsibilities of paralegals is to assist with improving the legal system. There are many opportunities for paralegals to help improve the legal system, including the following:

• Pro bono; either through your firm/company or through another program
• Mentor another paralegal; many paralegal associations offer programs
• Become involved with a local, state, or national paralegal organization
• Make CLE presentations
• Author articles

So, on this 4th of July, what have you done for our country’s legal system lately?

English Ethics

As followers of my Twitter account know, I sometimes post my pet peeves, usually related to misuse of words. I'm not sure why this gets under my skin so much, but it does. Postings such as this make me quite a happy girl and I usually learn something as well.

As paralegals we have an ethial obligation to maintain a high degree of competency. I would argue that while keeping up with case law, rules and procedures, as well as technology is extremely important, paralegals should also know how to write and speak well. Relying on lazy standards of speech and writing is not professional.

So, review your writing and speech carefully. Ask a trusted coworker to proofread your work. Become more aware of the overused expressions in your verbal and written communications and make an effort to reduce your reliance on them. Seek out resources for improving your word usage. It is possible to write and speak professionally without sounding stuffy or formal.

(I'm just sayin'. :-))

Rudeness Cubed

A local movie theater chain created an in-theater PSA using a voice mail from a customer who was unhappy for being kicked out of the theater for texting during the movie (which is against that company's rules). How great that this company could turn a lemon into lemonade.

I have the unfortunate honor of sitting in a cube at my office. There are many unwritten rules of etiquette for those who work in cubes, most of which include pretending not to hear what is going on around you.

Everyone must occasionally make a personal phone call at work and your coworkers should make an effort not to listen. However, it's just rude to speak louder than necessary, whether on the phone or having a conversation with a coworker. I have had to listen to coworkers loudly discuss their medical conditions, family problems, and even endured MONTHS of a coworker constantly on the phone dealing with all kinds of issues as her house was being built.

Please spare your cube mates from this fate. Better to seek out a private area, such as a conference room, to handle short personal calls during work. And of course, you should keep personal calls to a minimum while on the clock.

So be professional about your personal calls and conversations. Your cubemates will thank you.

It's Been Too Long

It's been too long since I last posted. Way too long. I don't really have an excuse. However, when my dad died unexpectedly last year, it really sent me into a tailspin. For quite a while it took all my energy and effort to do the minimum in my life. Then I was busy with everything involved with his estate.

Once that was finished, I just couldn't seem to get back to my blog. But now I'm back and ready to post regularly.

I've missed all my readers (even though I'm sure I can count you all on one hand). I look forward to writing for you again.

Pet Peeve Day

I think I'll start a regular feature regarding my pet peeves. Shouldn't be hard for me since I have so many! I'd also like to hear from others regarding their pet peeves. Perhaps writing about them will be somewhat therapeutic.

Today's pet peeve is having my accomplishments misstated or glossed over. I'm actually not one to toot my own horn too often, and I usually am dismissive of most of my accomplishments. However, when I was recently introduced at a speaking engagement, the person reading from my bio got most of it wrong. I don't expect an introduction to include every detail, but this introduction misstated positions I've held, organizations with which I have held leadership positions, and generally left out the parts of my bio relevant to the topic on which I was speaking. It wouldn't have been so bad but since there were no written materials for the attendees, I'm worried I looked like an unqualified goober. (Of course, one of my greatest fears in any situation is looking like a goober. That's a position I'm unfortunately well-qualified to hold.)

Paralegals are accustomed to being overlooked and not taken seriously. Years ago when I returned to the office after being out for three days to prepare for and take the (then) CLA exam, my boss asked me how I enjoyed my CLE. When I passed the CLA and other exams, no one in the office made mention of it. I didn't want a parade, but a public (or even private) "atta-girl!" would have been appreciated.

Fortunately, most paralegals I know do what they do without expecting any acknowledgment. They do the best job they can every day, and achieve voluntary certifications, volunteer with professional organizations, and serve the legal profession in other ways.

While it's true that a paralegal's primary job is to make the attorney look good, and most of us know we won't receive much (if any) public glory, I would like to let all paralegals know that you are appreciated. I value the achievements of every paralegal before and after me. You are what makes this profession what it is and your accomplishments remind us all of what we can do.

So, here's to all of us: Way to go! Good job! You make us all proud.

Once Again, TV is Not Like Real Life (I Hope!)

The latest TV drama featuring lawyers and their lives is The Deep End. The show has gotten lots of press and comments from everyone, including the legal community. Fellow blogger Lynne DeVenny has written about the paralegal on the show and how far that character is from most paralegals. Texas Lawyer also recently had an article featuring new associates' take on the show.

What struck me when watching the previews as well as reading the press and comments is that this show has at least one thing in common with most other law-related TV shows and movies: The characters are severely ethically challenged. (Many of the characters are also morally challenged, but that's not a topic for this blog.) While these shows may be entertaining, they are also wonderful examples of what "not" to do.

That might make a great assignment for a paralegal ethics class: Watch "The Deep End" and name the ethical violations. Perhaps a follow-up assignment could be to offer examples of how to handle those ethical violations if you came up against them in real life. Even the show's title could serve as a reminder to mind your ethical Ps and Qs.

So, if legal dramas and movies fill your DVR, enjoy! Just remember real life should NOT imitate TV, at least where the legal field is concerned.

To Get Paid (or Not) for Overtime

I recently learned (much to my surprise!) that everyone isn't aware of the standing of paralegals under the Fair Labor Standard's Act ("FLSA").

All paralegals should familiarize themselves with 29 CFR §541.301. In summary, most paralegals are non-exempt. There are exceptions, such as if a paralegal has specialized training, like a nurse hired to review medical records. There are many resources on this issue, including information on the ABA website.

If a firm or company isn't paying a paralegal overtime, it may just be that the parties are unaware of the law. Unfortunately, other employers may knwo the law, but be trying to avoid paying overtime to their paralegals.

If a paralegal believes she is entitled to overtime pay but is not receiving it, she should first approach her employer about a resolution. If those efforts are not successful, the paralegal may consider contacting an employment law attorney and/or the state wage and hour division. Unfortunately, despite laws in most states that prohibit retaliation against employees who file such claims, an employer may retaliate against the employee.

It can be a tough position for a paralegal who believes she is entitled to overtime but not receiving it. While no particular course of action is advisable for every situation, every paralegal should be familiar with this issue. After all, forewarned is forearmed.

Special thanks to Lynne DeVinney for her assistance with this post.