HR Feature Human Resources Management

6 Keys to Effective Paralegal Professional Development

Investing in your paralegals’ success is vital to the success of your firm. 

Paralegals are integral members of their law firms, assisting with everything from legal research to client communications to preparation of briefs and other documents to trials. Providing them with top-notch professional development opportunities is essential for their personal growth and the success of the law firm.

Mary Kate Sheridan, Esq.

Robust professional development for paralegals is especially important given the continued impact they will have on the legal industry. According to the U.S. Bureau of Labor Statistics, the projected growth rate for paralegals between 2019 and 2029 is 10% — 6% higher than the average for all occupations.

Nevertheless, training and development resources for paralegals can sometimes be overlooked by law firms.

“Firms should look at it more as an investment than an expense,” says Ann Pearson, Founder of the Paralegal Boot Camp. “I know it’s hard because it’s a line item on the budget, but it really is an investment, not just in people but also in serving the clients.”

Below are six key areas that firms should consider as they develop their paralegal professional development strategy.

1. DEFINE THE OBJECTIVE

As with any initiative a law firm pursues, careful planning is important when crafting a professional development program for the firm’s paralegals.

“Define the objective of the mission and make it really clear,” says Pearson. “Make sure it aligns with the overall business strategy of the firm.” She also says a clear objective that ties into the firm’s overall goals will help garner buy-in among firm leadership. Establishing an objective also provides a point of reference as firms assess the success of the initiative.

“Firms should look at it more as an investment than an expense. I know it’s hard because it’s a line item on the budget, but it really is an investment, not just in people but also in serving the clients.”

Hand in hand with defining the firm’s objective is determining which resources best support its goals. If the firm plans to build its own in-house training, for example, it should explore technology options.

“Technology-wise, you want to determine which learning management system is going to best serve the firm’s needs, how the firm is going to develop its training and how paralegals are going to access it,” says Pearson. Some options firms may consider include Kajabi, LearnDash, Ruzuku, Teachable and Thinkific.

2. CONNECT WITH PARALEGAL ASSOCIATIONS

While developing in-house resources is one viable option, firms shouldn’t be afraid to look beyond their walls.

“One of the best things you can do for your paralegals is to encourage them — if not sign them up yourself — to join their local paralegal association,” says ALA member Abigail Davis-Hess, CLM, Owner of ADH-Consulting (which offers training on paralegal best practices, among other areas). “Getting them connected to their local paralegal group is giving them a community they can reach out to for support and knowledge.”

3. PRIORITIZE TRAINING FOCUS AREAS

Paralegal professional development can run the gamut when it comes to topics. Three areas firms may consider when developing their resources are ethics, communication and project management.

Ethics

Understanding ethical obligations is essential when working in the legal industry. “The number one area that should be taught through paralegal professional development programs is ethics,” says Davis-Hess.

“Having a basic understanding of project management principles and how paralegals can apply those principles to their daily work to make them more efficient may be useful and may help paralegals manage their work better.”

She also notes a key area that should be covered is ABA Rule 5.3 — that attorneys are responsible for paralegals’ actions and work product. Training should also cover the parameters of the paralegal role, including communications with clients and others, disclosure of one’s status as a paralegal, and the types of duties one can and cannot perform. Paralegals should be fully trained on the unauthorized practice of law to ensure they remain in compliance.

Communication

Another vital area for paralegal professional development is communication. “Paralegals handle a great deal of the communication in and out of a law firm on a daily basis,” says Davis-Hess.

Communication skills are vital in terms of client service and firm best practices. Ensuring that the firm has a solid approach to communication and that paralegals are trained on this approach is essential.

“Writing skills are really important,” Pearson says. Firms must train paralegals on how to conduct themselves when representing the firm, including how to communicate with clients and outside vendors, she says.  

Project Management

Paralegals may also benefit from professional development focused on project management.

“Having a basic understanding of project management principles and how paralegals can apply those principles to their daily work to make them more efficient may be useful and may help paralegals manage their work better,” says Pearson.

If project management is part of your firm’s best practices, providing paralegals with an overview is important so they can understand the approach, including its impact on workflows and productivity, and method used (e.g., waterfall vs. agile).

4. PROVIDE MENTORING

A valuable component to any professional development offering is mentoring, which yields more satisfied employees. Indeed, according to the CNBC/SurveyMonkey Workplace Happiness Survey, more than 90% of respondents who have a mentor are satisfied with their jobs — and more than half are “very satisfied.”

Davis-Hess recommends that firms provide either a paralegal or attorney mentor for each paralegal at the firm. “You want them to understand the ins and outs and why,” she says. A mentor can be a useful resource for everyday inquiries, substantive questions and career advice.

5. INCENTIVIZE PARTICIPATION

Despite best efforts, attracting participation in professional development programs isn’t always easy. Pearson recommends that firms offer incentives for paralegals to participate. For example, firms may provide billable-hour credit for attending certain training sessions and events. They may also offer credit for time spent teaching. 

Another approach is to create a tier system, an approach Pearson has seen succeed at one of her client firms. Through a tier system, the firm establishes multiple seniority levels that include increases in salary and bonuses. To progress to the next level, paralegals must meet several criteria, including professional development goals. “It really gives paralegals an incentive and makes them feel they are truly advancing their career,” she says.

6. CONSIDER GENERATIONAL SHIFTS

In formulating the ideal professional development model for your firm’s paralegals, it is imperative to focus on the audience, including the newest generation of paralegals from Gen Z.

“Beyond the pandemic, I think the biggest shift or trend that we’re seeing is the need for training that’s going to fit better with the new generation of employees that are already working at the firms,” says Pearson.

For starters, firms should embrace video training. A study by the learning company Pearson — unrelated to Ann Pearson, the paralegal trainer — revealed that Gen Z’s learning method of choice is YouTube. According to the survey, more than 50% of respondents “say YouTube has contributed to their education, learning, and/or personal development in the past 12 months.”

Firms should be attuned to the length of video training. “All of the advice has been to start making shorter videos,” says Ann Pearson. Firms may consider breaking a training into multiple shorter videos rather than one long one.

“Beyond the pandemic, I think the biggest shift or trend that we’re seeing is the need for training that’s going to fit better with the new generation of employees that are already working at the firms.”

In addition to their attachment to videos, Gen Z also values their independence. A recent LinkedIn survey found that “nearly half of Gen Z respondents prefer a fully self-directed and independent approach to learning.”  

As firms plan their approach, they may opt for an in-house video library, which gives paralegals freedom in planning their training.

“Create a video library on subjects like ethics, communications, best practices for your firm, etc.,” says Davis-Hess. “Law firms are busy places, so if you create the resources, paralegals can engage with the trainings when they need them, according to their own schedules and development.”

With clear planning and objectives, your firm can create the ideal professional development initiative for your paralegals. Crafting a solid professional development strategy will not only benefit paralegals’ growth but also bolster your firm.

 
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How to Use Plain Language to Communicate Clearly

OK, be honest with yourself. You’re a smart soul, but how easily can you translate this phrase into plain English: “gastrointestinal dyspepsia”?

Wendy J. Meyeroff

Now, now — no cheating. Don’t copy and paste it into Google search. I’m about to translate it for you, just as I do when I teach classes in understanding and using plain language.

In class, my next step is telling the students about a medical writing class I took years ago. Our teacher “translated” that intro phrase to “acid reflux.”

“Oh!” you’re probably screaming. “That’s understandable.”

Like you, everyone was practically applauding the teacher’s insight. But that’s because the students were either health professionals or well-educated folks providing health or science communications. I’m the latter, and I’d already been in my field for a decade when I took this class. I caught the teacher after class and said:

“I loved this, but I am concerned with the message that ‘acid reflux’ is the simplest translation for gastrointestinal dyspepsia.”

“It is.”

“Well, no. What’s wrong with ‘heartburn’?”

Stunned silence … and then he admitted he’d have to add that the next time he taught.

IT STARTS WITH EDUCATION AND LANGUAGE SKILLS

What you just read is one of the key issues when it comes to translating complex or specialized content into plain language in any industry: Who is your audience, and what is their educational level? Are you writing marketing — or other materials — that’s going to upper-echelon management types, or at least all college graduates? Then your words can be at about a 10th-grade level — sophisticated, but not too academic-sounding.

But what if you’re mostly addressing people you know are only likely to be reading at a sixth-grade level? We used to say that’s the level for most website content; now some even suggest fourth grade. Wouldn’t heartburn then be more feasible?

There’s another issue beyond education: Is English your audience’s native language? Reading complex materials can be very difficult for even the well-educated when English is their second language.  

I see so many places where legal documents must be provided in Spanish, French, Chinese (and/or other Asian languages), Russian — the list goes on. When a different language is needed, remember that even simpler English phrasing is, too.

IT’S FOR LEGAL … AND FAR MORE

What if your work includes corporate communications, and you have to explain the employee website for reporting issues like sexual harassment? That’s not so much a legal issue as a tech one, because it means you and perhaps the IT and/or HR folks have to be sure a user manual is easily understandable — especially if you’d like to reduce the need for in-house IT folks or external help calls.

Same for health issues. Any time your firm can make health care information easier to understand, the fewer challenges you’ll face. Successfully using plain language can cut down on feedback like “I thought I had benefits for XXXX!”

Then of course, there’s traditional legal lingo. Why must a contract include words like “wherefore,” which seems to have been used in almost every legal doc since the beginning of time? Does the legal world have something against the word “why”?

SAVING PAPER

I must admit that I have not seen a scientific study on how much plain language reduces pages. But I’ll bet that study could be done.

I recently got a contract that was eight pages long. It was written with lots of “wherefores” and “party of the first part” lingo. I actually got to a section where two segments were all in caps. The first segment ultimately related to ABC company’s legal responsibilities; the second noted which were mine.

“There’s another issue beyond education: Is English your audience’s native language? Reading complex materials can be very difficult for even the well-educated when English is their second language.”  

Well, I asterisked that first segment and added something like this: “Since ABC company owns the entire document upon its final approval, it is legally responsible for its use from then on, especially if it makes any changes without Meyeroff’s approval.”

That’s it. That’s basically how I translated it. (And the client accepted it.) Any real reason that couldn’t be the type of phrasing not only regarding ownership, but any contract pointers? Far less paper!

YOU CAN GET OTHERS ON BOARD

If you’re worried that your hierarchy would find such translations legally dangerous, you’re not alone. So I leave you with this dialogue, which is essentially what I heard at yet another writers’ conference.

The National Institutes of Health was teaching the benefits of communicating any clinical material — whether on a PowerPoint slide or in a journal article — with storytelling. The presenters showed and stressed plain language. In the Q&A, this arose:

“Well, this is great, but I don’t think our legal department would let us do it this way.”

Heads nodded.

Answer: “Well, ask them how many lawsuits they think they’d have if people could no longer say they hadn’t understood the company’s directions or their personal responsibilities.”

Sometimes keeping it simple really is the best, clearest form of communication.