You may have heard so much about e-discovery in the last few years
that if you see another article, webinar or seminar you might burst. You
may feel overwhelmed with technology and that it's moving faster than
the speed of light. You may be frustrated with those you work with,
because they expect you to be educated on the latest and greatest
technology tools, but when it's time for their document review, you're
told to make multiple copies or print all the documents out!
The
reality is that paralegals are expected to find a unique balance for
each case, each legal team and each client. Paralegals have always been
required to be flexible, creative and able to juggle many different
projects. However, those traits are becoming more challenging as the
management of cases becomes more complex. Here are some tips to consider
while managing the balancing act as we survive the evolving practice of
law.
Understand your role and gather the resources you need to do your job
Paralegals
work in different environments. Some have a litigation support
professional available to assist them with the complexities of managing
electronic data; others are expected to add those responsibilities onto
their existing job description; and there are those who are somewhere in
between. Wherever you are on the spectrum, you should make certain that
you understand the expectations placed upon you and that those you work
with understand your capabilities. Your job responsibilities are varied
and learning new technologies is an added expectation. Have you been
relieved of other tasks with the advances of technology? Likely not!
It's okay to be an excellent paralegal and have a skill set whereby you
add value and efficiencies to the management of the case, yet not
necessarily be the technical processing guru. As a matter of fact, it
may be that a paralegal who doesn't have the expertise to internally
electronically process productions ends up spending more time doing so -
and therefore costing the client more money than if they work with an
specialist who does have the expertise. Paralegals need to have a solid
understanding of the capabilities of technology, but don't need to be
the expert who performs each task. If it's more efficient to delegate
these tasks in the best interest of the client because it will lower
cost and time involved, then it's your role to recognize that and
surround yourself with the appropriate resources. Knowing the
appropriate resources is important. Technology is becoming so complex,
that specialists are evolving in all its different aspects. You may be
someone who is an expert in all areas of technology, but if you're not,
stop beating yourself up. Highly qualified paralegals can manage their
cases and the electronic component of them equally effectively if they
understand their role and surround themselves with the appropriate
resources. A simple cost benefit analysis is a good tool to help
determine the best approach to a task.
Reality Check - we are not a completely paperless society
Despite
the daily blogs and articles about electronic discovery, there is still
paper in our world and in the world of our clients. Discovery, in the
majority of cases, will include both. Paralegals need to help the legal
team with the best management solution. Logic tells us that having our
entire discovery in one place, despite its original form, is the most
effective. Early on, this was done backwards. Electronic data was
received and printed out. It did not take long to realize that it's more
efficient to scan to image the paper and keep the electronic data in
native form, then load all of it into a litigation support database.
Managing litigation documents in litigation support databases is
becoming a requirement with most cases today. Paralegals need to
understand the processes and have the ability to work with the legal
team to ensure that these databases are established for the efficient
review and management of discovery. The initial set up of a database and
proper collection of documents is the most important component in a
productive litigation support database. Data collections that do not
capture important information at the outset will be less useful and can
leave a negative feeling with those forced to work with it. Likewise,
knowing when it's appropriate to print out of the database is equally
important. For example, printing deposition exhibits is appropriate.
Printing boxes and boxes of documents to put in chronological order for
attorney review - probably not. This leads to the next tip.
Be an advocate
You
don't have to be the expert on how everything is electronically
processed, but having a solid understanding of the capabilities of
technology and the ability to communicate with the legal team and
clients will add value and efficiencies to your role. It's frustrating
to be given an assignment that is so logistically complicated that it
throws your entire workflow in chaos. I don't believe that anyone has
that intention when requesting deliverables that are either not possible
or unduly overwhelming and burdensome. To the extent that paralegals
can be involved in the early stages of the case, they can offer
suggestions on the most effective methods involving technology and
ensure a smooth and effective process for the client. That will
sometimes involve educating the people around you and offering
alternative solutions. I've heard paralegals say that they were asked to
do something by an attorney, but knew it was not an effective way to
proceed. They thought, "It's the attorney who asked and I'm a
paralegal," so they did what they were told. It's my belief that the
better approach to that circumstance would be to offer an alternative
solution, explaining how it will be more efficient and save the client
money. This approach would be welcomed by the majority of attorneys.
Offering alternatives to improve your legal team's handling of a project
is not argumentative or disrespectful; it adds value to the team.
No comments:
Post a Comment