Paralegal Blog

The great debate

When employers look to hire a new employee, which do they believe is better—education or experience?  Does book knowledge outweigh hands-on experience?  Or would a “seasoned” employee be a better addition to the team?

Those on the education side quickly cite various statistics on the impact of education on a person’s future, employability, and earnings.  Yet, those who lean to the side of experience always bring up famous college dropouts like Bill Gates and Steve Jobs.

Someone with a formal education and considered “book smart” may easily deal with real-world work situations. However, they may still have a hard time landing that first job if they lack experience.  On the other hand, the person with experience but lacking any formal education may do well in certain positions.  However, they may find it difficult to advance professionally in their chosen career.

By Thomas B. Swanson, J.D.

Let’s take a look back in time…

During most of the history of the practice of law, legal documents were handwritten by skilled paralegals first known as scribes and later as scriveners.  Legal documents during this period were customized, and the quality of the handwriting, in addition to the content, was important.  In other words, legal documents were distinctive, in part, because the handwriting added an artistic quality.  Beginning in about 1900, this was to change in a major way with the introduction of the typewriter.

The typewriter offered not only much greater efficiency with respect to the preparation of legal documents, it also established a much greater uniformity.  The distinctive handwriting of the scrivener gave way to a new consistency in format and a greater focus on content.  The result was no less than a transformation of the practice of law, as well as the role of the paralegal.  The “Perry Mason/Della Street” era in the history of law practice had begun, and the legal secretary became the primary non-lawyer presence in the law office. 

A change in skill-sets…

When I became a paralegal in 1984, it was very common for paralegals to sit at their desks all day with their headphones on and type a variety of documents such as motions, pleadings, and correspondence, dictated by an attorney via the Dictaphone.  The role of the paralegal has since evolved from secretarial typists or transcribers to highly qualified staff members who perform a variety of tasks to support lawyers, including maintaining and organizing files, conducting legal research, and drafting documents. 

Since the paralegal profession has evolved to include more substantive legal work, those wishing to become a paralegal usually seek formal training to gain the legal knowledge necessary to work alongside an attorney.  But in order to really excel in the paralegal profession, there are several characteristics and skills that are important to possess and develop in addition to legal knowledge.   After working as a paralegal, I went to law school and became an attorney and employer of paralegals, so I’ve seen first-hand the characteristics and skills that make a paralegal exceptional.  Here are 5 things that every attorney expects from his or her paralegal:

By James I. Wiedemer, Attorney at Law and Center for Advanced Legal Studies’ Real Estate Law Professor     

I really don't want to go to trial without a litigation paralegal.  It's just too hard to stay organized and fight hard without one.  One of the key things a litigation paralegal does is "man" the trial notebook.  It's sort of like manning the main gun on a tank.  It's a key weapon at trial.  I’d like to share a couple of thoughts on good trial paralegals and good trial notebooks— the two, in my book, are virtually synonymous.

Winston Churchill once said of one of his key staffers:  "He knew everything.  He could lay his hand on anything.  He said nothing.  He had the confidence of all."  Paralegals need to be a lot like Winston Churchill's staffer.  Although they don't get to testify or present at trial in a verbal sense, nevertheless they are key fighters in the case.  They know everything, and they can lay their hand on any paper.  Here are 6 tips every paralegal needs to know about the trial notebook.

...And One Possible and Practical Solution

According to a survey conducted by Reuters, “More than 40 percent of recent U.S. college graduates are underemployed or need more training to get on a career track.”  

The survey also discloses that more than 25% of these graduates have already enrolled in a Master’s degree program.  The perception that a master’s degree will satisfy the need for more training is valid provided the degree is skill-based; otherwise, if the degree is more philosophical in nature, the graduate might still need more training to gain a career.

Another public opinion survey that was released by Northwestern University and published in The Chronicle of Higher Education stated that “American adults and employers want colleges to produce graduates who can think critically and creatively and can communicate orally and in writing.”