Entire Issue - National Association of Legal Assistants

Entire Issue - National Association of Legal Assistants Entire Issue - National Association of Legal Assistants

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members demonstrates the importance of how technology is changing the way NALA conducts business. As a member, I believe NALA’s efforts to communicate more regularly and efficiently with its members makes me feel important to the organization. I feel like my membership counts because NALA is making the effort to keep me informed in a timely and efficient manner. Are you a better communicator because of technology? Do you get what you want more often because you use technology to construct an argument that identifies your need and the desired outcome? Or, do you tend to communicate via e- mail in order to avoid face-to-face contact? How does this avoidance affect workplace relationships? Technology, while not yet recognized by the workplace relationship (organizational communication) gurus for its powerful influence on our workplace relationships, does have a powerful streak within those relationships. This power is worth examining. Next time a conflict arises at work, examine it through a technological lens by considering the following factors: Personnel: Everyone involved in a project should be able and amenable to using specific technologies in order for a technological solution to be successful. A person who is not willing to learn new things can make a workplace miserable trying to rely on old methods to get the work done. Try to bridge the comfort gap for a person having trouble adjusting to the technology and see if tension eases. The Knowledge Factor: Do you (or a colleague) have more practice-area knowledge or more technological knowledge? Which is more important in your job? A firm may have hired a person based on their technological abilities thinking that the practice-area knowledge could be learned. Or, perhaps the firm hired a person with vast experience in the practice area without considering whether the person could handle the technological demands of the job. How does knowing so much (or so little) about technology affect the satisfaction you get from doing your job? Consider evening out your own skills—upgrading your technological knowledge or your practice-area knowledge—to ease any tension or frustration you may be feeling. Technological Power: Technology offers two kinds of power that we need to recognize. First, technology gives us power. Legal assistants offered jobs in the early 1990s because of their technological knowledge understand this point, but it still holds true today. Being confident and constantly striving to upgrade technical skills creates a level of personal confidence and power. Second, technology also has power over us, and this is an important point to remember. If our e-mail server goes down for an afternoon we certainly feel that power, but the power I mention here is different. This kind of power is the kind that forces us to seek the first kind of power—to keep upgrading our skills so that we are not left behind. In other words, as technology changes, the change serves as a force that keeps us moving and upgrading our own skills. This second kind of power can also make some people feel helpless, and this is a real feeling that affects how we feel about the work we do. Some people will load new software and seem quite adept at using it. Others might load the same new software and be unable to find the main menu. This powerful technological influence can lead to frustration. Harnessing this power of technology is important for both the efficient use of technology and for determining its role and influence on workplace relationships. Technology can be stifling (I have to learn what just to print a docket sheet?) and can offer endless possibilities (Should we post a Power Point presentation on the Web or an interactive HTML page?) Regardless, both result from the power of technology and both can be paralyzing—the first because of lack of knowledge and the second because of too many choices. Next time you find yourself frustrated by a task on your desk, your work environment, or your relationship with a colleague, examine the situation through a technological lens. Do you gain or lose power through technology to do your job well and to enhance workplace relationships? The answer may surprise you. charlsye.smith@ttu.edu F& F FACTS & FINDINGS / AUGUST 2003 47

ETHICSTIPS Simple Good Manners Be Sure You Stay a ‘Good Apple’ by Libby Roleson, Ethics Chair The old saying warns us that “One bad apple spoils the entire barrel,” but that is not necessarily the case in our profession. On one hand, there are the bad apples who set up shop in jurisdictions where their questionable conduct is illegal and they are the subject of UPL investigations and recipients of “cease and desist” letters. On the other hand, there are those of us who stay within the confines of ethical standards, guidelines, and statutes. We don’t let the bad apples sour our ethics. To illustrate my point, here is a little story involving a colleague who told me about a situation she recently encountered regarding a Chapter 13 bankruptcy proceeding—specifically Section 341(a) creditor meetings (“creditor meetings”). If you are unfamiliar with bankruptcy, creditor meetings are merely administrative proceedings administered by the bankruptcy trustees. They give the creditor the opportunity to question a debtor about his/her plan to repay debts. They are not governed by the rules of the bankruptcy court. For more than two years, Ms. Doe had been employed as a bankruptcy paralegal for a law firm that represents a major creditor. After being hired, she accompanied her supervising attorney to Section 341(a) creditor meetings and was properly introduced as the firm’s paralegal to various bankruptcy attorneys and paralegals, as well as the bankruptcy trustees. After a time, the supervising attorney felt Ms. Doe was ready to attend creditor meetings on her own. After reviewing the file and consulting with her supervising attorney and the creditor, Ms. Doe received explicit instruction as to what the creditor would or would not accept from the debtor in the form of repayment, repossession of the collateral, and so forth. At one creditor meeting, Ms. Doe was questioning a debtor about a repayment plan and relayed to the debtor and his attorney what the creditor would accept. The debtor’s attorney didn’t agree to the creditor’s proposal as relayed by Ms. Doe and began to “negotiate” other means of settlement. Ms. Doe promptly reminded the attorney that she was a paralegal and could not negotiate a settlement, adding that she could only relay what the creditor would accept. The attorney became agitated and wrote a letter to Ms. Doe’s firm and the court demanding that no one other than attorneys should attend creditor meetings. Ms. Doe and her supervising attorney decided it would be best if her supervising attorney attended all future meetings in which that attorney is to be involved. As NALA members, we subject ourselves to the American Bar Association’s Model Rules of Professional Conduct and NALA’s Code of Ethics and Professional Responsibility. We must also be aware of any statutes governing the unauthorized practice of law and non-lawyer conduct. The CLA Review Manual states the following: In broad terms, the practice of law is any act that involves the giving of legal advice or opinions to others or involves representing others in legal matters. Generally speaking, legal assistants cannot: • accept cases; • set fees; • give direct legal advice to clients; • negotiate legal matters on behalf of clients; or • represent clients in court settings. Beyond these specific limitations, legal assistants ethically can perform virtually every other type of legal task imaginable on behalf of clients as long as three criteria are met: 1. The legal assistant’s work is properly supervised by a licensed attorney. 2. The supervising attorney maintains a direct relationship with the client; and 3. The supervising attorney assumes full professional responsibility for the work product. CLA Review Manual, 2 nd Ed. 155 (1997) In response to the disgruntled attorney’s letter, Ms. Doe’s supervising attorney reminded him of a ruling handed down 48 FACTS & FINDINGS / AUGUST 2003

members demonstrates the importance <strong>of</strong> how technology<br />

is changing the way NALA conducts business. As a member,<br />

I believe NALA’s efforts to communicate more regularly<br />

and efficiently with its members makes me feel important<br />

to the organization. I feel like my membership counts<br />

because NALA is making the effort to keep me informed<br />

in a timely and efficient manner.<br />

Are you a better communicator because <strong>of</strong> technology?<br />

Do you get what you want more <strong>of</strong>ten because you use technology<br />

to construct an argument that identifies your need and<br />

the desired outcome? Or, do you tend to communicate via e-<br />

mail in order to avoid face-to-face contact? How does this<br />

avoidance affect workplace relationships?<br />

Technology, while not yet recognized by the workplace<br />

relationship (organizational communication) gurus for its<br />

powerful influence on our workplace relationships, does<br />

have a powerful streak within those relationships. This<br />

power is worth examining. Next time a conflict arises at<br />

work, examine it through a technological lens by considering<br />

the following factors:<br />

Personnel: Everyone involved in a project should be able<br />

and amenable to using specific technologies in order for a technological<br />

solution to be successful. A person who is not willing<br />

to learn new things can make a workplace miserable trying to<br />

rely on old methods to get the work done. Try to bridge the<br />

comfort gap for a person having trouble adjusting to the technology<br />

and see if tension eases.<br />

The Knowledge Factor: Do you (or a colleague) have<br />

more practice-area knowledge or more technological knowledge?<br />

Which is more important in your job? A firm may<br />

have hired a person based on their technological abilities<br />

thinking that the practice-area knowledge could be learned.<br />

Or, perhaps the firm hired a person with vast experience in<br />

the practice area without considering whether the person<br />

could handle the technological demands <strong>of</strong> the job. How does<br />

knowing so much (or so little) about technology affect the<br />

satisfaction you get from doing your job? Consider evening<br />

out your own skills—upgrading your technological knowledge<br />

or your practice-area knowledge—to ease any tension or<br />

frustration you may be feeling.<br />

Technological Power: Technology <strong>of</strong>fers two kinds <strong>of</strong><br />

power that we need to recognize. First, technology gives us<br />

power. <strong>Legal</strong> assistants <strong>of</strong>fered jobs in the early 1990s because<br />

<strong>of</strong> their technological knowledge understand this point, but<br />

it still holds true today. Being confident and constantly<br />

striving to upgrade technical skills creates a level <strong>of</strong> personal<br />

confidence and power.<br />

Second, technology also has power over us, and this is an<br />

important point to remember. If our e-mail server goes down<br />

for an afternoon we certainly feel that power, but the power I<br />

mention here is different. This kind <strong>of</strong> power is the kind that<br />

forces us to seek the first kind <strong>of</strong> power—to keep upgrading<br />

our skills so that we are not left behind.<br />

In other words, as technology changes, the change serves<br />

as a force that keeps us moving and upgrading our own skills.<br />

This second kind <strong>of</strong> power can also make some people feel<br />

helpless, and this is a real feeling that affects how we feel about<br />

the work we do. Some people will load new s<strong>of</strong>tware and seem<br />

quite adept at using it. Others might load the same new s<strong>of</strong>tware<br />

and be unable to find the main menu. This powerful<br />

technological influence can lead to frustration.<br />

Harnessing this power <strong>of</strong> technology is important for both<br />

the efficient use <strong>of</strong> technology and for determining its role and<br />

influence on workplace relationships. Technology can be stifling<br />

(I have to learn what just to print a docket sheet?) and<br />

can <strong>of</strong>fer endless possibilities (Should we post a Power Point<br />

presentation on the Web or an interactive HTML page?)<br />

Regardless, both result from the power <strong>of</strong> technology and both<br />

can be paralyzing—the first because <strong>of</strong> lack <strong>of</strong> knowledge and<br />

the second because <strong>of</strong> too many choices.<br />

Next time you find yourself frustrated by a task on<br />

your desk, your work environment, or your relationship<br />

with a colleague, examine the situation through a technological<br />

lens. Do you gain or lose power through technology to do<br />

your job well and to enhance workplace relationships?<br />

The answer may surprise you.<br />

charlsye.smith@ttu.edu<br />

F&<br />

F<br />

FACTS & FINDINGS / AUGUST 2003 47

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