NEW PARALEGALS
Everyone makes mistakes, especially those who are new to a job like that of a paralegal. The fast paced environment and need for multi-tasking can cause anyone to overlook some simple things that could have huge consequences. Some typical mistakes made by new paralegals include:
Filing a document in the wrong file.
When filing a stack of documents, it is easiest to shove each document into its correct file without taking the file out of the filing cabinet. However, this can result in accidentally putting the document in the wrong file. As long as every file in the office is in the cabinet and in the correct order at the time, you might still be able to locate it later, but generally when this happens, the document is lost forever. While it may take more time, always pull a file out of the cabinet when putting new documents in it.
Failing to get enough information when scheduling an appointment.
Imagine that your boss comes into your office and asks you to clear his calendar for the morning because he has an emergency hearing to attend. Now imagine that you go to call the first potential client who has an appointment, but there is no phone number listed. This has happened to me many times, as it is so easy for new paralegals to forget to get a phone number when scheduling an appointment. Other information new paralegals may fail to collect from potential clients includes adverse party names and what they want to see the attorney about. This is important in case there is a conflict of interest or the attorney cannot help them with their particular problem. For example, if a potential client wants to see the attorney about probating an estate but your office does not handle probate cases, you would be wasting the attorney’s time to go ahead and schedule them for an appointment. Scheduling appointments in a law office is not as easy as it sounds and in some cases you may have to talk to the attorney first before making an appointment for a potential client.
Not putting a hearing on the calendar.
This can happen to anyone, not just the inexperienced. In a busy law office, hearings are being scheduled and rescheduled constantly, and notice of all of these hearings can come in many forms. Sometimes the Court calls to let you know a hearing has been scheduled or to co-ordinate a hearing time, other times you are notified of a hearing when you receive a docket sheet or chronological case summary from the Court, and still other times, a client will bring in a summons or notice of hearing. With all the activity, it may be easy to overlook a hearing and not get it on the calendar or not get it moved to its rescheduled time and day. You can minimize the risk of not properly calendaring a hearing by double checking all documents brought in by new clients and all docket or case summary sheets received by the Court.
Failing to properly proofread pleadings.
No, it doesn’t really matter if you misspell a word or leave one out, but when working in a law office, you are likely using forms and templates that have blank spaces or XXX’s where you are supposed to fill in information. Sometimes these forms have been overwritten and will contain another client’s information or you may need to intentionally use another client’s pleading as a form. When doing this, you will need to be very careful that all old information is replaced with the new information. This can be especially important in adoption petitions, final orders, and criminal pleadings. Imagine having to explain to an adoptive parent why the petition for adoption has the wrong name for the child. Missing a deadline Deadlines are very important in the law and there are a few that come with almost every case. A common mistake made by new paralegals is to assume that if a deadline is approaching, the attorney will tell you about it. Many times, however, the attorney expects you to tell them about deadlines, or better yet, just take care it. Some paralegals put deadlines on the attorney’s calendar and others use their own calendar for deadlines, but however you choose to do it, one of the first things you should do when you start a paralegal job is come up with a system that works for you.
EXPERIENCED PARALEGALS
Even paralegals that have been doing their job for years can make mistakes. Here are the top five mistakes made by those with 10 plus years of experience:
Missing a deadline.
Yes, everyone does this at one time or another. Come up with a system for tracking deadlines and use it. (I check my e-mail several times a time, and usually leave it open whenever I am working, so I like to use my Outlook Calendar to track deadlines.)
Not checking for conflicts of interest.
When you are new to the paralegal profession, checking for conflicts of interest means making sure the attorney has not represented an adverse party, but after you have been in the business for a while, conflicts of interest can arise because you have worked for the adverse party.
Practicing law.
After working in the same office for many years, you may have learned some of the standard advice that your attorney gives clients and potential clients, and you might be tempted to repeat it to clients yourself. When doing this, you must be very careful. If you are telling someone what to do based on the specific facts of their case, you are practicing law.
Violating confidentiality.
Clients can be funny. It might be tempting to talk about the funny things they do over diner while talking to your spouse. However, you must be very careful not to violate anyone’s confidentiality. Even when you do not use names, you might be giving details that allow a client to be identified. It is best to simply not talk about work at all, except with your co-workers. But even then, you might find yourself discussing a case in the elevator or lobby, where others can overhear. Be diligent, and always keep the importance of your clients’ confidentiality in mind.
Failing to protect attorney-client privilege effectively.
While attorney-client privilege extends to the attorneys’ staff, it does not extend to other clients or third parties. Remember, if someone besides the attorney and or his/her staff is in the room while you are talking to a client, there is no confidentiality.
What to do if You Make a Mistake.
You are human, and so you are going to make mistakes. The important thing is to know what to do when you realize you have made one.
1. Figure out what happened. Why did you make the mistake? This is important to know so that you can avoid making the same mistake in the future.
2. Come up with a plan. Once you realize you have made a mistake, you will need to fix it. If you know how that is good. If you do not know how you will need your attorney’s help.
3. Tell your boss. Report your mistake to your boss and let him or her know what you plan to do to fix it and ask if there is anything else you can do.
The most important thing is never to attempt to hide mistakes from your boss and to learn from them. Remember, your attorney is responsible for your mistakes and could be sued for malpractice. Reporting your mistakes to him/her is important to protect the firm from lawsuits and to help build trust between you and your employer.
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