3 REASONS FOR STAFF EDUCATION
Wednesday, September 24, 2008 | By Julie Schaefer, republished from You Manage Law
It’s not easy for a midsize or small law firm to attract—and hold—solid staff for their specific type of practice. But it just got easier, all over Minnesota. Upgrading support staff skills to perform substantive work serves the best interest of clients, attorneys and their staff.
Who couldn’t use a stunt double some days, juggling caseload or preparing for trial? Well-trained legal staff fits the bill. If your firm is at the proverbial intersection of “My inbox is full” and “I haven’t had a vacation since junior high”, read on.
Qualified staff shortages looming. In the knowledge economy, law firm success depends on the knowledge and capabilities of employees. So, in light of the shortage of legal administrative assistants reported by Minnesota Lawyer and Amber Hennen, Minnesota Branch Manager of Robert Half Legal, support staff recruiting activity is turning inward—to current staff.
Likewise, concerns about the remaining skill level with an unprecedented wave of retirements on the horizon sound very familiar. At Minnesota law firm of Pemberton Sorlie Rufer & Kershner, Matt McGovern said, “People cannot be found with the experience level of those who have worked their way up with us.” These posts require specific skills. To fill in a qualified legal assistant/paralegal role will require specialized training, fast. What’s an inspired law firm leader to do?
First, do not pass Go. Even now, some jurisdiction audits in the United States are instantly denying fees. 1 They demand that support staff—by any label — have one of the following:
A paralegal certificate or degree.
Many years of experience (e.g. 10).
One of the certification credentials.
Second, build on what you have. It is now possible to essentially update the firm’s “tool kit,” and ensure staff continuity at the same time. The secret is education. New technologies enable semester-long classes in a manner that takes the least amount of time away from employee work—courses from any computer, anywhere, anytime.
As to the level and quality of instruction, with more than 650 programs operating in the United States, let your guide be a program’s high standing among law firm colleagues. McGovern said that finding coursework that focuses on substantive and procedural law is not a hitch. The Pemberton firm, which has a growing health care practice, counts on Alexandria Technical College.
Mavis Pattee, the Director of the Paralegal AAS program at Alexandria Technical College, in Alexandria, Minnesota, says firms should choose for advancement, employees who have solid attention to detail. “They should want to grow in practical application, procedures, critical thinking, computer skills and legal writing, under a practice area,” she said.
What’s new to McGovern is courses taken online. “Ten years from now I’m guessing we’ll have some different people here. So, a semester long class online would add areas of learning in addition to experience. I think there are people at this firm who would have an interest. I don’t know if we’ve ever thought about it, just because we’ve never had an option,” he said.
Pattee, who also teaches at the college, said that an online program for educating internal people has tremendous utility:
1. Hold on to career-oriented people. A top reason for leaving a job is a culture that does not provide the tools to do the work. 2 The Pemberton firm, located in Fergus Falls, Minnesota, provides staff with the chance to have more responsibility down the road. Said McGovern. “It’s what helps us attract career-oriented people.”
Among Twin Cities firms, Henningson & Snoxel sends each support person to at least two or three classes each year. “We're trying to demonstrate that we're committed to them, that we understand that people have a desire to grow and become better,” said managing partner David Henningson.
“We find much positive outcome over time by investing in them in this way. Training should be used to strengthen areas where the employee shows a weakness. If the technology is such that it allows our people to take classes without having to travel, well that's even better yet,“ he concluded.
The connection is sound. Henningson & Snoxel and Pemberton Sorlie Rufer & Kershner both enjoy 20-year support staff retention. Both had support staff in various education sessions the day I called.
2. Schedule flexibility. On any given day case deadlines arise out of nowhere and the firm does not want support staff off-site at a class. Online means on one’s own schedule.
3. Cost-benefit value enhanced. When proper education permits the attorney to shift substantive legal work from her or his desk, clearly the lawyer shifts to higher revenue generating tasks. Net result: more profit. Attorney Bob Woodke in Bemidji, Minnesota, said staff is a better investment than technology. 3
Pattee, who has direct career experience spanning 22 years, agrees, “A credentialed paralegal allows the attorney the time needed to focus on matters that require a lawyer’s advanced expertise. With attorney supervision, the paralegal should be able to manage a client file after the attorney has conducted the initial client interview.”
Steve Rufer, a litigator at the Pemberton firm, calls it co-management. “Our paralegals complete tasks even with no instruction. They know it’s always their responsibility to watch deadlines, for instance.”
McGovern said, “It’s up to the employee to adapt to the way that the firm does the work and the people we’ve had from Alexandria have always done that very well.”
Ethics. It’s easy to conclude that having someone who is qualified to keep track of deadlines, track conflicts of interest, prepare, transmit and file documents and update the client regarding file activity, besides the attorney, may well be the missing link in effective ethical compliance monitoring. Happy clients rarely file complaints or leave, so educating staff to run interference adds a bonus in client retention. Better for the public, better for the practice, and better for the attorney.
Summary. Without a proficient paralegal, an attorney will find him or herself performing duties that, while necessary, are simply an inefficient use of time and resources.
There can be little doubt that logging an assistant onto any computer for up-to-date, reliable education and orientation will help attorneys feel more comfortable about handing off a file, and serve the best interests of clients, the attorneys, and the firm’s staff.
“The opportunity to focus time and attention on developing an employee who is already ‘working out’ makes sense—and dollars,” said Pattee.
1 Helen Federline, Buffalo, Minnesota, Regional Director, National Federation of Paralegal Associations (NFPA).
2 The 7 Hidden Reasons Employees Leave: How to Recognize the Subtle Signs and Act before It’s Too Late, by Leigh Branham
3 MNCLE: Robert Wookdke, Jim/Karna Peters, Kent Gernander, LaVern Pritchard and Mike Ford.
Instructor/Program Director Mavis Pattee, has 22 years of legal experience and 8 years experience as a paralegal and legal administrative assistant instructor. You may contact Mavis concerning the Alexandria Technical College paralegal or legal administrative assistant programs at mavisp@alextech.edu.
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