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Ask Eula Mae: What To Do When You Are Overwhelmed

Posted By NALS Editorial Board, Monday, April 24, 2017

Dear Eula Mae:

 

Can you help me?  It seems I have been getting busier at work and my workload has grown to the point that I am nearly confused.  The files on my desk have slowly piled up to where I cannot tell what is coming or going.  I am just working one file at a time and not sure where to start to get all of this straight.  I love my job, I want to do well, and the boss is depending on me to do a great job in supporting his efforts.  It is really a concern that I might be losing a grip on managing my job.  There has to be a way to figure out how to make it all run more smoothly.  Please help.

 

Overwhelmed in Omaha


 

Dear Overwhelmed in Omaha:

 

It takes a special person to work in a legal support position.  Part of having these special skills is the ability to handle a large workload, timing and scheduling everything well, and giving exceptional attention to details.  Quiet ambition and growth in the law firm can easily lead to the feeling of being overwhelmed.  Here are a few tips to help you get back to feeling in control of your duties.

 

First, you must know where you are to know where to begin.  Schedule time to clean and sort everything.  If that means staying a little late for a day or two, do it because the payoff will be great. 

 

·      Clean your work area.  Get your desk and files in order.

·      Batch like things together.  This can be a real time saver.  You only have to think out the procedure one time for what needs to be done next.

·      Make a list of your current projects and where they are in the process.  This information can help you develop a checklist so you can tell at a glance what needs to be done. 

·      Organize each batch by due dates and you will know what has to be done first.

 

If along the way you discover that there is really too much work for one person to manage, you need to have a conversation with your attorney.  Start by presenting a typed list of your current projects and the status of each.  Is it time to move some of the typing to the word processors or hire a new person, or does your boss want to pay you overtime?  Anything can happen and the goal is to do what is right and fair for all.

 

Note that if you feel overwhelmed at work, you may have that feeling at home.  The same process will work there too. Once you know where you are, you will instinctively know exactly what to do.  


 

Submit Your Questions to Ask Eula Mae By Clicking Here.

Tags:  administrative  legal assistant  legal career  legal job skills  legal office  legal professional  legal professional training 

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Bullying in the Workplace: Identifying the Types—Have You Met One?

Posted By Charlene Sabini, CLP, ALP, Friday, November 18, 2016

Bullying in the WorkplaceIs there currently a U.S. law against workplace bullying?


No.
The United States is last among the industrialized western democracies. The U.S. completely ignores workplace bullying in its vast collection of laws.

Is there a law in my state?


No.
No state has an anti-bullying law for the workplace. Remember, there is a big difference between having a bill or bills introduced (potential laws), compared to laws that have been passed by both houses in the state legislature and signed into law by the governor.[1]

These are questions and answers we do not want to see. But we do.

So, don’t we already have federal employment discrimination laws that might also cover bullying? In only 20% of cases do our anti-discrimination laws actually apply. This is difficult to understand. In order to claim sexual harassment, racial discrimination, or hostile work environment, the recipient of the mistreatment must be a member of a protected status group (based on gender, race, disability, ethnicity, religion, etc.). For example, a white female bullied by a white female (or a man of color bullied by another man of color) are not protected. “Technically, bullying is a form of violence—certainly verbal, but non-physical. One of our preferred synonyms for workplace bullying is ‘psychological violence.’ However, violence policies and laws always focus on the acts and threats of physical violence—striking someone (battery), or threatening someone so that they fear being physically hurt (assault). The one exception is the inclusion of verbal abuse in violence policies. So bullying that is verbal, but not physical, is completely legal.”[2]

Let’s further define this kind of bullying:  workplace bullying is a repeated, health-harming mistreatment of one or more persons by one or more aggressors. It is clearly abusive conduct that is threatening, intimidating, or humiliating. It can also be interference with one’s work or sabotaging of one’s work, as well as various kinds of verbal abuse.[3]

It is often about control—control of the targeted person, not unlike domestic violence. It can be an act of commission or omission (withholding vital resources from the targeted person). It can escalate to involve others, and it ultimately undermines legitimate business interests when the bully’s personal agenda supersedes the work itself.[4]

The specific types of workplace bullying are many and often terrifying. One category is Threats to Personal Standing and can include:

  • Spreading rumors, hurtful gossip, or innuendos
  • Yelling, name-calling, mocking, insulting, or ridiculing
  • Unwanted physical contact or physical gestures that intimidate or threaten
  • Invalid or baseless criticism
  • Accusatory or threatening statements
  • Faultfinding or unwarranted blaming
  • Displaying offensive photos or objects
  • Temper tantrums, mood swings, or shouting
  • Humiliation, public reprimands, or obscene language
  • Ganging up against a coworker
  • Aggressive posturing

Another category is Threats to Professional Standing and can include:

  • Denying access to resources, assignments, projects, or opportunities
  • Stealing or taking credit for another’s work
  • Interfering with someone’s work performance
  • Failing to return phone calls or messages
  • Little or no feedback on performance
  • Withholding information essential to perform one’s job
  • Toxic emails
  • Flaunting status

Yet another is Control or Manipulation Tactics:

  • Failing to invite someone to an essential meeting
  • Threatening job loss
  • Excessive monitoring or micromanagement
  • Assigning tasks that cannot be completed by deadline; setting unrealistic goals
  • Interference or sabotage
  • Ignoring a coworker with the intent to harm or control
  • Treating a worker differently than peers and coworkers
  • Ostracism, isolation, dissociation, or exclusion from others
  • Refusal to take responsibility
  • Excessive, impossible, conflicting work expectations or demands
  • Inequitable and harsh treatment
  • Other objectionable behavior designed to torment, isolate, pester, or abuse

Example:  Angela:  Fired by a Bully

“I worked for the Law School Admission Counsel, the company which administers the LSAT. My boss never liked me and why she hired me is still unclear. She bullied me extensively, yelling at me in front of my coworkers, threatening my job privately in her office, and discouraging alliances with coworkers. She treated people similarly in other departments, yelling at them in meetings. I tried to appease her until she threatened my job . . .”[5]

And it is not unusual that the company bullies are visible to other employees in the company. They are the proverbial “elephants in the room,” not unlike perpetrators of domestic violence. In their battering way, bullies minimize, deny, sidetrack, and blame their targets, hoping to avoid accountability for their actions.[6]

Anton Hout, founder of OvercomeBullying.org, identifies eight bully types:

  1. The Screaming Mimi. This is the most easily recognizable type of workplace bully. Screaming Mimis are loud and obnoxious, and their abusive behavior is meant to berate and humiliate people. They thrive on the notion that others fear them.
  2. The Two-Headed Snake. To a coworker’s face, this employee acts like a trusted friend or colleague. However, when the coworker is out of earshot, this person will destroy his colleague’s reputation, stab him in the back, and even take credit for his work.
  3. The Constant Critic. This bully’s goal is to dismantle other people’s confidence through constant—and often unwarranted—criticism. A critic will look for any possible flaw in someone’s work and labors tirelessly to kill that person’s credibility. Impeccable work? No problem:  this type of bully is not above falsifying documents or creating evidence to make others look bad.
  4. The Gatekeeper. Every office has at least one employee who gets off on wielding his or her power over others—regardless of whether that power is real or perceived. Gatekeepers deny people the tools they need—whether it is resources, time, or information—to do their jobs efficiently.
  5. The Attention Seeker. This type of bully wants to be the center of the action at all times. They will try to get on their superior’s good side through consistent flattery and even come on as kind and helpful to their peers—especially the newer employees. However, if coworkers do not provide the right amount of attention, these bullies can quickly turn on them.

    Attention seekers are often overly dramatic and relate everything to something that is going wrong in their own lives to garner sympathy and control. These bullies also have a tendency to coax personal info out of new employees—only to use it against them later.
  6. The Wannabe. This is an employee who sees himself or herself as absolutely indispensable and expects recognition for everything. But Wannabes are not usually very good at their jobs. To compensate, these bullies spend a majority of their time watching more competent workers and looking for areas of skilled workers’ performance to complain about.

    Wannabes will demand that everything is done their way—even when there are better ways of doing things. Because they are automatically opposed to others’ ideas, they will do everything in their power to prevent changes to their work processes.
  7. The Guru. Generally, there is nothing wrong with this bully’s work performance. In fact, it is not unusual for a Guru to be considered an expert in his or her own niche area. What these bullies offer in technical skill, however, they severely lack in emotional maturity.

    Gurus see themselves as being superior to their coworkers. As a result, they do not consider how their actions will affect others, are not able to fathom the possibility that they can be wrong, and do not accept responsibility for their own actions. In addition, because these bullies feel as though they are “above it all,” they do not always feel compelled to follow the same rules as everybody else.
  8. The Sociopath. Intelligent, well-spoken, charming, and charismatic, sociopaths are the most destructive bullies of all. Reason: They have absolutely no empathy for others, yet they are experts at manipulating the emotions of others in order to get what they want.

    These bullies often rise to positions of power within the company, which makes them extremely dangerous. Sociopaths tend to surround themselves with a circle of lackeys who are willing to do their dirty work in exchange for moving up the ranks with them.

The best defense a company can have against workplace bullying is a clearly worded policy that prohibits any type of bullying behavior.[7]

Clearly, workplace bullying can take many forms and wear many guises—all unpleasant and all destructive. There is no federal law that applies to bullying specifically. In some cases, when bullying is based on race, color, national origin, sex, disability, or religion, “bullying” overlaps with harassment and schools are legally obligated to address it. Here in Oregon matters of workplace bullying overlap somewhat with bullying phenomena primarily at schools and universities:  the terms used in the Oregon anti-bullying laws include harassment, intimidation, or bullying, and this covers cyberbullying as well. The following groups are listed under Oregon educational anti-bullying law:  race, color, religion, sex, sexual orientation, national origin, marital status, familial status, disability, and source of income.

“Although a number of states have considered anti-bullying legislation, none has yet to pass such a law. That does not necessarily mean bullying is legal in every situation, however. Bullying is illegal when it violates federal or state laws prohibiting discrimination and harassment in the workplace.” (These laws protect employees from harassment based on the previously mentioned characteristics.) “If a workplace bully is targeting an employee based on a protected characteristic which could qualify as illegal harassment, the employee would have a ‘hostile work environment’ claim if the unwelcome conduct is severe or pervasive enough that a reasonable person would find it to be offensive, hostile, or abusive. To date, neither federal law nor the law of any state prohibits workplace bullying outright.”[8]

 


  1. http://www.healthyworkplacebill.org/faq.php, The Healthy Workplace Bill, by Gary Namie, Director, last viewed October 22, 2016

  2. Ibid.

  3. http://www.workplacebullying.org/individuals/problem/definition/

  4. Ibid.

  5. https://www.thebalance.com/types-of-bullying-2164322, Sally Kane, July 25, 2016, last viewed October 22, 2016

  6. Ibid.

  7. http://www.hrmorning.com/8-workplace-bully-personality-types/, Tim Gould, July 19, 2016;  last viewed October 22, 2016

  8. http://labor-employment-law.lawyers.com/employment-discrimination/workplace-bullying-the-meanest-of-the-mean.html, Lisa Guerin, J.D., Boalt Hall at the University of California at Berkeley, last viewed October 23, 2016


Charlene Sabini, CLP, ALP, is legal assistant for attorney David Vill in juvenile law matters in Eugene, Oregon. She is Director of Education for her local chapter, NALS of Lane County in Eugene, and has enthusiastically occupied that position for over four years. She is editor of her chapter’s bimonthly newsletter, NALS in Motion, which has been published unfailingly for nearly four years. She has earned three successive NALS CLE Awards and plans to sit for the PP exam in March 2017. She is a proofreader on the NALS Editorial Board and has contributed articles/essays for the NALS docket and @Law. Charlene is an affiliate member of the Lane County Bar Association and was responsible for initiating that level of membership with the bar for nonlawyers in 2014. She also petitioned the Oregon State Bar Association to allow guest speaking attorneys at nonlawyer education meetings to receive CLE credit (which was formerly not allowed in Oregon) and was successful. She is also a 13-year volunteer with the Lane County Sheriff’s Office in Eugene, has served as the county sheriff’s newsletter editor, and is currently serving as the county jail librarian. The Oregon State Sheriff’s Association/Jail Command Council awarded Ms. Sabini the Jail Volunteer of the Year award in 2009.

Tags:  legal  legal assistant  legal career  legal education  legal job skills  legal jobs  legal office  legal professional  legal professional training  nals  office procedures  paralegal  paralegal office 

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Career Corner: Workplace Bullying

Posted By Tashania Morris, MSHRM, ALS, CDF, CPC, Monday, August 22, 2016
Updated: Tuesday, August 16, 2016

Career Corner - Workplace BullyingWorkplace bullying is a serious problem which affects many individuals on a daily basis.  Sometimes people are not even aware that they are being bullied or are too afraid to speak up out of fear of being fired.  Did you know that workplace bullying can have a direct impact on your work performance and can hinder your career?  It is defined as a “repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators.  It is abusive conduct . . .” (http://www.workplacebullying.org/).  We can all agree that kids in school should not be bullied; however, it is constantly tolerated in an office.  Listed below are some traits of abusive conduct:

  • Threatening, humiliating, or intimidating, or
  • Work interference—sabotage—which prevents work from getting done, or
  • Verbal abuse

(http://www.workplacebullying.org/)

 

No one should have to go to work every day being afraid of what might happen, work in fear of making a mistake, and worry about losing their job. 

 

How Can You Identify Workplace Bullying? 

 

Sometimes it is easy to spot workplace bullying.  It may be the boss who constantly yells at his legal secretary and belittles her/him.  It is ostracizing an employee at work simply because he or she is a bit different.  It is throwing things, withholding resources, gossiping, and sabotaging someone’s work. Sometimes it is hard to identify when you are being bullied.  After all, we are all adults and bullying is for kids, right?  Wrong.  I once worked at a firm where most of the paralegals had been at the firm since its inception and they felt there was little or no space for newbies.  They would groan and moan loudly about the growth of the firm and reminisce about the days when the firm was much smaller.  My department was new and consisted of another young lady and me.  Upon being hired, we expressed our interest relatively early about how we would love to learn and grow with the firm.   


The attorney loved our enthusiasm and began inviting us to the paralegal meetings so we would feel a part of the team.  I remember going to one of the meetings and hearing one of the paralegals whisper loudly to the next, “What are they doing here?  They are not paralegals.”  An awkward silence followed.  Most of the time we would ignore the comments.  We did not want to lose the opportunity we were given and, most of all, we were young, inexperienced, and needed the money.  I remember asking questions and being told, “You did not learn that in paralegal school” or “You cannot print over here” simply because the printer we were using was broken and we had to print somewhere.  We had to get the work done even if it meant listening to someone complain the entire time we were using “their” printer.  Eventually the way we were being treated was brought to the attorneys’ attention and a meeting was held.  As a result, we were often given the cold shoulder.  My coworker decided to quit before the 90-day probation period was over.  It was not an environment in which she felt she could thrive.  I stayed a little while longer because I kept looking at the bigger picture and eventually the rude comments occurred less frequently and the working environment changed for the better.  They had to accept the fact that the firm was growing and there was nothing they could do about it. 


Statistics show that:

  • 49% of adult Americans have been bullied or witnessed it.
  • 80% of bullying is legal, but still occurs.
  • 72% of bullies outrank their targets.

(Healthy Workplace Bill)

 

Physical Impact of Bullying


Bullying in the workplace not only affects your career, but it also affects your health.  Bullying may cause serious health issues including, but not limited to, anxiety, stress, and panic attacks.  If an employee already has serious medical conditions, having to cope with a stressful work environment can be deadly.  Due to the high stress they are experiencing, an employee could suffer a stroke or a heart attack as a result of being bullied at work. 


Bullying can impact someone’s work, causing them to lose their job.  If a person is being ostracized and not given any work, ultimately this will affect their work morale.  If employees are constantly being belittled, they feel they are not good enough and may start producing less out of fear of making a mistake or being yelled at.  They may not volunteer, speak up, or share ideas as frequently because doing so may get a reaction from the bully they are trying so desperately to avoid—especially if the person hates conflict or is extremely introverted. 


Not only does bullying impact the worker, but it also affects the company’s bottom line.  If a manager has a bad temperament, very few people will want to work with that individual.  The team will constantly have a high turnover until something is done about the manager’s behavior.  The cost of absenteeism will increase because the employees do not enjoy being at work and in the hostile environment that the bully has created.  Absenteeism can account for a loss in productivity.  Bullying can cost the company a lot of money because the employee who is being affected might need to go to the doctor more frequently.  Stress affects the body in a number of different ways.  It pays to have a healthy working environment where people enjoy coming to work and getting the job done.


Workplace Bully Institute found that:

  • 27% have current or past direct experience with abusive conduct at work.
  • 72% of the American public are aware of workplace bullying.
  • Bosses are still the majority of bullies.
  • 72% of employers deny, discount, encourage, rationalize, or defend it.
  • 93% of respondents support enactment of the Healthy Workplace Bill.

How to Deal With a Bully

 

It is important to bring it to your supervisor’s attention and document everything.  Keep detailed notes of what has taken place.  If there are witnesses, jot this down as well.  This might be needed in the future if the person seeks to disclaim what you are saying.


Stand up for yourself in a professional manner.  Do not stoop to the level of the bully hurling insults.  At the end of the day you do not want to be remembered for starting a brawl in the middle of the office.  If the bully is your supervisor, get HR involved as quickly as possible.  If the bully is your boss, I would suggest looking for employment elsewhere especially if that person has no intention of changing.   If you are able, mediate the conflict.  It is a good thing to move on and count it as a learning experience.  Sometimes people might not realize they are bullies especially if they have a type A personality. Getting a third party involved is always essential.  It might not be something you can solve by yourself.  It might make the situation worse.


If you are an office bully, it is important to evaluate your actions and really think about the other person’s feelings.  Start working on alternative ways to get your points across.  It is never okay to belittle others.  Workplace bullying should not be tolerated.



Tashania Morris, MSHRM, ALS, CDF, CPC, started her career as a paralegal.  She has over six years’ experience in the legal field specializing in the areas of foreclosure and bankruptcy.  She recently completed her master’s degree in human resource management which has equipped her with the tools needed to think strategically and develop creative solutions to problems in the workplace.  As a Certified Professional Coach and Career Development Facilitator, she loves all things career and personal development.  Tashania is able to recognize people’s skills and abilities and enjoys working with individuals to figure out their “why.”  Her mission is to engage, empower, educate, and promote change from within.  If you have any questions about any of the articles written, suggestions about something you would like Tashania to write about, or enjoyed reading the article, send her a quick note.  You can reach Tashania at Tashania_m@hotmail.com.

References:



Tags:  career corner  legal career  legal education  nals  paralegal  paralegal career 

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Grammar Nuggets: Headings By The (Blue) Book

Posted By Kathy Sieckman, PP, PLS-SC, ACP, Monday, August 22, 2016
Updated: Tuesday, August 16, 2016

I learned something interesting recently. As much as you think you know about something, every once in a while it is good to check your resources. While I covered this topic according to the Gregg Reference Manual in the July 12 NALS docket in an article entitled “Things Are Coming to a Head(ing)” about exceptions to the “capitalize everything except articles, conjunctions, and prepositions shorter than four letters” rule, a recent search through The Bluebook showed me that rule was not correct for headings in a legal document done in “Bluebook style.” According to Section 8 of The Bluebook, in headings and titles, the first word in the heading or title and the word immediately following a colon in a heading or title should be capitalized. However, do not capitalize articles, conjunctions, and prepositions of four or fewer letters unless they fit the criteria in the immediately preceding sentence (they are the first word of the title or immediately follow a colon).  

 

The Bluebook does, however, refer you to The Chicago Manual of Style or the Government Printing Office Style Manual if there are questions about specific capitalization issues not answered in The Bluebook. Here are the rules on capitalization according to The Bluebook:

 

  • Always capitalize nouns identifying specific persons, officials, groups, government offices, or governmental bodies.
    • The Securities and Exchange Commission was closed for the holiday.
    • Members of Congress worked late into the night.
    • The President lives in the White House.
  • BUT:
    • The congressional hearings seemed as if they would never end
    • The presidential veto is a tool available to the President.
  • Exceptions (you know there had to be some):
    • Act is capitalized when referring to a specific act.
      • The Civil Rights Act was enacted in 1964.
  • Circuit is capitalized when used with the name or number of the circuit.
    • Arizona is part of the Ninth Circuit.
    • The circuit court will not rule on that issue.
  • Code is capitalized when referring to a specific code.
    • The Internal Revenue Code
  • Constitution is capitalized when referring to the United States Constitution or naming any constitution in full.
  • Court is capitalized when referring to the United States Supreme Court, when referring to any court in full, or when referring to the Court where your documents will be filed.
    • The Miranda court decided . . .
    • The Ninth Circuit Court of Appeals . . .
    • This Court should deny the Motion to Dismiss.
  • Federal is capitalized when the word it modifies is capitalized.
    • The Federal Constitution establishes the executive, legislative, and judicial branches of government.
    • High on the list of Congress’s priorities is federal spending.
  • Judge or Justice is capitalized when referring to a specific judge or justice by name or when referring to a Justice of the United States Supreme Court.
    • Did you know that Justice Sandra Day O’Connor sat as a judge in the Maricopa County Superior Court in Arizona?
    • The judge ruled against defendants in the White case.
  • State is capitalized when it is part of the full title of the state, if the word it modifies is capitalized, or when referring to the state as a party to a litigation or a governmental actor.
    • The State of California was the first to allow the use of medical marijuana.
    • He brought an action against the State for unlawful imprisonment.

I guess I will have to read through The Bluebook again just for good measure to see what other “rules” need to be adjusted.

Kathy Sieckman, PP, PLS-SC, ACP, has been a member of NALS for over 30 years, is the current President of NALS of Phoenix, and is the Vice Chair of the NALS Editorial Board. Kathy has a blog on proofreading tips at http://proofthatblog.com. If you have specific grammar issues you would like covered in future issues, please send them to Kathy at proofthatblog@gmail.com.

Tags:  career corner  grammar  grammar nuggets  legal assistant  legal career  microsoft word  paralegal 

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Want to Know More About the Law and Your Specialty?

Posted By Allison Streepey, B.A., CRS, PLS, Monday, August 8, 2016
Updated: Tuesday, August 2, 2016

American Bar AssociationAssociate Membership in the American Bar Association Awaits You

 

The American Bar Association (ABA) now has a new category of membership for those who are interested in the work of the ABA.  The Associate Membership is for paralegals, law librarians, and other non-lawyers interested in the law.  The mission of the ABA is to improve the administration of justice through practical resources for its members through equally serving “our members, our profession and the public by defending liberty and delivering justice as the national representative of the legal profession.”   

 

Why should you do this?  If your goal is to become proficient in your chosen specialty, this is the opportunity to sharpen your skills through networking with colleagues, increasing your expertise, and expanding your opportunities.  Associate Membership is $177 per year, beginning in September.  If you join before that, the additional amount will be prorated and included with your annual dues.  For an additional charge, there are specialty groups to join with your membership which allow “more in-depth examination of issues, regulations, and national trends.”  Specialty groups include Business Law, Family Law, Litigation, Real Property, Trust and Estate Law, among many others.  There are forums available for you to “explore and monitor new areas of law as they emerge on a national scale.”  Membership includes the annual subscription to the monthly ABA Journal as well as online resources including the specialty areas.  The ABA website has a directory of ABA Approved Paralegal Education Programs should you decide to continue your legal education with a degree.  For more information, see http://www.americanbar.org/membership/dues_eligibility.html.


 

Allison Streepey, B.A., CRS, PLS, is currently the Departmental Business Manager for the University of Arkansas for Medical Sciences’ Office of Educational Development.  She worked in research administration for many years following a legal assistant role in contract, real estate, and estate planning law.  She loves being a member of NALS and learning about the members and the activities of NALS’ legal education.


Tags:  American Bar Association  legal career  legal education  legal professional  legal professional training  membership 

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