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The official blog of the NALS docket, used as a timely resource for sharing content from our email newsletter. This includes Grammar Nuggets, Career Corner, chapter and members spotlights, and more! Articles are written and provided by our own members, Resource Center Staff, and our community of legal professionals. All content and articles will be published directly to our NALS.org website and linked to the NALS docket newsletter. This email venue for NALS will inform you of upcoming deadlines and monthly education product highlights from our online store. Copy + paste this link to sign up for updates: https://visitor.r20.constantcontact.com/manage/optin?v=001JH2FKM034UVKDAYd6vkCfwIybKDCjBA-5dH7wJhSTjXN-eWSgRsnK6Q_LdfewGHvnwcVoakgipMvhoKPHed-94e5siy7js7FrJp_sV9e8Aw%3D

 

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Ask Eula Mae: Transition to Paperless Files

Posted By NALS Editorial Board, Friday, March 24, 2017

Transition to Paperless FilesDear Eula Mae:

 

We are trying to go paperless in our office, but I am finding that process more time-consuming.  We scan every incoming document and it goes into a “scanned” subfolder.  At some point it needs to be renamed and then moved to the proper client file.  We file the hard copy in the client’s paper file.  We also scan every piece of outgoing mail and then make a hard copy for filing in the client’s paper file.  Of course, the scanned document needs to be renamed and moved to the proper client file.  We are a small office—three attorneys, two legal assistants, and a receptionist.  I work for two of the three attorneys.  The legal assistants also answer the phones.  I do not have time to rename and move the scanned documents to the client files and the “scanned” subfolder is out of control.  Any suggestions?

 

—Buried in Michigan

 

Dear Buried in Michigan:

 

Oh dear!  The amount of effort in this huge project has easily doubled your workload!  There has to be a better way.  Fortunately, I have worked in an office full of paper, a hybrid of both, and a paperless office and have several options for you to consider.

 

This appears to be a process problem but, really, scanning is about purpose.  Are you scanning for storage or for quick transport to the courthouse for presentation of a case?

 

If the purpose is for storage, then I would not scan anything until the case is closed and then would scan the whole file and name it like this: “last_name first names_type of case_dates opened and closed.”  At some point, I would burn all the scans to a disk.  Burn two disks of each and lock them in a file cabinet for storage.

 

If the purpose is for presentation, naming the documents properly is key to finding what you need quickly in court.  I would recommend setting up the client folders with the client’s last and first names, type of document, and date, like this:  “Smith_Mary_Corresp_12-31-2016” or “Smith_Mary_Motion to Dismiss_1-3-2017.” 

 

One of the hardest things about moving to a paperless office is HOW you are going to do it.  It is a huge process and decisions have to be made for closed files and current files. 

 

For closed files, I would recommend taking them to a professional legal document scanning company and paying that company to do the work.  Ask for two copies of all scanned files.  Remember, chances are slim that you are not going to have to revisit these files once the cases are closed; however, if you need the information, you should be able to search and find it quickly.

 

Should your office want to continue to scan the documents for current files, I would recommend scheduling scanning time, such as Friday afternoons for four hours.  Pick up a paper file, scan each of the documents, and name as above.  Then save the documents to the client’s file immediately.  How do you know if a document has been scanned?  It will need to be marked in some way or stamped (on the back). If you are interrupted in the process, binder clip the documents that have been scanned and place a piece of colored paper on top of the documents that have been scanned, like a placeholder noting that they have been scanned to avoid duplication of effort.

 

Also, it might help to have one computer set up as the designated scanner.  When the document is being saved, name it appropriately and then move the file.  This computer would absolutely need to have some kind of backup done every night so that you do not lose any of the scanned documents.  Scanned documents are not supposed to be altered, so saving to an external hard drive would be a good idea.  It would be very helpful if everyone knew the system of scanning and naming the documents.

 

Before you continue this project, think it through and figure out some solutions.  Go to your attorney and discuss the purpose of moving to a paperless office.  Then you will know exactly how to proceed and when. 

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Docketing and Marketing: The Unexpected Relationship

Posted By Chris Gierymski, Friday, March 24, 2017

Since the Great Recession, companies continue to pare down the outside law firms that provide legal services and instead use their in-house counsel for legal work. Their legal budgets are decreasing and they need to find ways to provide the same support at a lower cost.

 

Law firms have taken drastic measures to meet the financial demands of their clients and still make a profit. Alternative fee arrangements, hiring groups of lawyers to bolster or create new practice areas, mergers, staff layoffs, and outsourcing are just a few of the examples. The landscape has changed and firms are increasingly looking for ways to get the competitive advantage and gain the business.

 

Marketing

 

Marketing departments have become a vital part of the sales and business development process. Firms have increased the number of marketing professionals to better service their attorneys. This process of relying on non-attorneys to drive the business is more important now than ever before.

 

When pitching for new business with a request for information (RFI), the marketing department has to gather as much information about the areas of expertise of their attorneys and the capabilities of the firm. They not only use external resources to evaluate the competition, but also internal information such as attorney bios, the CRM system (customer relationship management), and measurable data to represent their success in the area of support sought by the potential client.

 

When a pitch for business represents the expertise of the firm’s litigation practice area, the marketing specialists have to seek as much information as possible from their attorneys and that is usually a difficult process. Sometimes sending out mass emails asking for information is not possible since there could be ethical walls that need to be considered. The data must also accurately reflect the required information. With litigation, sometimes that includes how many cases went to trial, judgments that were achieved on behalf of the firm’s clients, and summary judgment motions filed and won. With intellectual property, the information sought could include how many U.S. trademark applications the firm files each year, how many patent applications were drafted, and the firm’s success rate in getting patents through the Patent Office efficiently.

 

Docketing

 

The docketing professional is an important part of the business development process when it comes to gathering internal and external information. What better way to determine how many cases a firm has handled in federal court that went to trial or foreign trademark applications filed each year than to ask the docketing professional. Not only should the docketing specialist be able to mine the data in the firm’s docketing system, but they can also use external resources.

 

In this turbulent time of law firm survival, docketing professionals need to do more than just calendar and track dates. They need to become a valuable resource in helping to develop business for the firm.

 

Docketing is critical to risk management practices. That is well known. However, what firms may not realize is that the support docketing specialists provide relates directly to the billable hour and the bottom line. Attorneys can bill more time and concentrate on other legal work rather than routine and mundane tasks. Docketing departments can and should play a crucial role in developing business for the attorneys and their firm.


 

Chris Gierymski is the Editor-in-Chief and an author on Docket Life. He is a demonstrated leader with over 25 years of experience supporting attorneys and law firms with a focus on risk management and leveraging technology to meet their docketing needs and goals. He served as founding member and past president of the National Docketing Association (NDA). Chris published several articles and white papers related to docketing topics and was a speaker at Aderant Momentum, NALS...the association for legal professionals, and the NDA. Chris can be reached at cgierymski@docketlife.com or www.docketlife.com

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Why You Would Be Great at Research Administration

Posted By Allison Streepey, B.A., CRS, PLS, Monday, March 6, 2017

Research administration is the management and oversight of grants and industry-sponsored projects following federal regulations, state laws, and institutional policies and procedures. This includes pre-award and post-award activities, management of the project itself, as well as all areas of compliance and oversight of a funded project.  The framework of these activities is contract law.  A sponsored project could be a contract, grant, or clinical trial and the compliance areas make up the details of what is required within the agreement.  This may include material transfer agreements, use of animals in research, or human subjects research.  

This work is federally mandated and that means oversight of all areas by the institution’s attorneys. Each of the items listed in this article describes a specialized area in which legal professionals would be a perfect fit for the job.  You will see that all areas of research administration fit together like a puzzle and that it is fairly easy to move from one area to the other, especially if you like to read and learn.  

Where are these jobs?  They are typically found at big universities, research facilities, and government agencies.  The skills needed are the exceptional skills of a legal assistant and/or paralegal who understands what it is like to work for an attorney, respects the law, and can concentrate on the details required for this type of work.  

Below is a basic description of the order of events in research administration which includes:  learning how to look for funding for a project, what the funding agency requires, how to read the notice of award (the contract), human resources law with time and effort reporting, how to build a budget, what is required to stay in compliance (conflict of interest reporting and HIPAA requirements, etc.), procurement and cost accounting, and mandatory documentation required to close a project.

Pre-Award

Pre-award starts with looking for funding opportunities in https://www.grants.gov/.  These opportunities serve as a map for what is required for submitting a proposal for a grant.  Preparing proposal submissions brings the opportunity to work with the researcher/scientist/principal investigator by proofreading their writing and following the precise instructions as required by the call for proposals.  (This work is very similar to preparing a brief.)

Pre-award for clinical trials may occur when a drug or other company has been following a researcher’s efforts after a grant-funded research project has been established and a drug or device is being developed or it may come from https://www.grants.gov/.

Post-Award

Post-award begins with the notice of grant award from the funding agency.  This is the contract.  It holds instructions on federal reporting requirements and other information the granting agency may need from the institution, such as proof of conflict of interest management, approval of animal or human subjects in research, data management approval, and in some cases a more detailed budget and justification.  This is also the time that any subcontracts on the funded project will be negotiated and assembled for approval from their institution.  (A subcontract is like a little grant in the big grant.  The same federal regulations apply.)

This is when certain compliance documents must be prepared for the funding agency and are usually managed by separate departments in the institution.  These offices are typically led by attorneys:

  • In an early stage of a drug development, a material transfer agreement may need to be prepared to acquire cells from a federal database.
  • If animals are used in the research, there must be approval from the Institutional Animal Care and Use Committee (IACUC) to ensure ethical and sensitive care and use of animals in research and teaching.  
  • If there are human subjects, there must be proof of HIPAA training from the researcher and all key personnel of each project.  HIPAA is the 1996 Health Insurance Portability and Accountability Act to ensure the privacy and security of health information.  
  • If the funded project has reached the point of using humans in research, approval by the Institutional Review Board (IRB) is mandatory before the project can begin.  The IRB is a federally mandated group of individuals put in place for rigorous review to approve, monitor, and annually review all research projects involving human subjects.  This is one of the most serious offices of an institution because the IRB has the task of ensuring the safety and understanding of the persons who agree to be a part of a research project.
  • Management is required for every research project conflict of interest (COI) to determine if a researcher or key personnel may have potential conflicts and to ensure ethical integrity in research in order to protect the public. 
  • Human resources law for a funded project includes everything about hiring and training and could include the immigration office.  This overlaps with export control and embargoed countries, entities, and persons.
  • For purchasing equipment and other items needed for the project, the Federal Acquisition Regulations (FAR) must be used and state laws must be followed.  The purpose is to use reasonable and appropriate spending, subject to audits, following the White House Office of Budget and Management’s Circulars.  

Closing the Project

  • The scientist will report on the outcomes of the project and, if a drug was discovered or a device was made, the Bayh-Dole Act of 1980 allows the institution to negotiate for the intellectual property.  
  • The funding must be spent in accordance with the agreement and all unspent funds must be returned.

    You can see how the purpose of these offices in supporting funded projects overlap and that a research community at the institution could develop.  There are also professional organizations that support the community of research administrators, such as NCURA, the National Council of University Research Administrators, and SOCRA, the Society of Clinical Research Associates. 

Because research administration is federally mandated, there will always be jobs available and the skills best suited to this kind of work are those of legal support personnel.  For more detailed information about research administration, see the CRA Body of Knowledge from the Research Administrators Certification Council website at http://www.cra-cert.org/bodyofknowledge.html.

 


Allison Streepey, B.A., PLS, CRS holds a Bachelor of Arts degree in Arts and Humanities from the University of Arkansas at Little Rock and graduated with honors.  She is a nationally certified Professional Legal Secretary (PLS) with NALS.  Allison holds UAMS Certifications in Grants Management and as a Research Specialist.  Currently she is the Department Business Administrator for the office of Educational Development.  She is the only person on campus who has experience in pre- and post-award grants management (CON and OED), grants administration for UAMS (ORSP), and served as an Institutional Review Board (IRB) Administrator.  Allison has been a member of NALS for 10 years and has served on the NALS Editorial Board for 5 years.  She is grateful for her NALS Pals everywhere.

 

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Grammar Nuggets: Capitalizing State Part 2

Posted By Kathy Sieckman, PP, PLS-SC, ACP, Monday, March 6, 2017

Grammar NuggetsMurphy’s Law: Anything that can go wrong, will go wrong. I have lots of issues that tend to attract Murphy’s Law into my life. Thankfully a very attentive NALS member brought to my attention that the last Grammar Nuggets article on capitalizing the word “state” had a glaring error. The Murphy’s Law part of that is that that article was correcting a 2014 blog post, so we are correcting it again and I am hoping the third time is the charm. I apologize for getting the information wrong. The reference in the February docket article to The Gregg Reference Manual should actually have been a reference to The Bluebook. Here is the correct information:

 

According to the Gregg Reference Manual 335: 

  • Capitalize state only when it follows the name of a state or is part of an imaginative name:
    • The state of Arizona is known as the Grand Canyon State.
    • One of my favorite places to visit is Washington State.
  • Do not capitalize state when it is used in place of the actual state name.
    • She is an employee of the state. Note, however, that people who are actually working for state government will probably write it as “State.”

According to The Bluebook, capitalize the word “state”:

  • When it is part of the full name of the state.
    • The State of Arizona is the 48th state admitted to the Union.
  • When the word it modifies is capitalized.
    • In Michigan, the State Corrections Director is in charge of the correctional system.
  • When referring to the state as a party to litigation or a governmental actor.
    • The State filed a Motion to Dismiss.

Obviously, The Bluebook is not a grammar guide—it is a style guide for legal citation. The only grammar guide that seems to disagree with part of The Gregg Reference Manual is the Chicago Manual of Style, which says “where the government rather than the place is meant, the words state, city, and the like are usually capitalized.”  

  • The State of Florida’s statutes regarding corporations are codified at Title XXXVI.

I have made and will continue to make mistakes and I will continue to learn right along with you. While I hate making errors and hate even more when others catch them, I am always happy that they are brave enough to bring it to my attention and give me the opportunity to fix it. So as I said in the original article, capitalization of the word “state” is very confusing. But hopefully we have made it a little clearer—and more accurate—this time. 

 


 

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 is currently the Administrator-Arizona for Sacks, Ricketts & Case in Phoenix, Arizona. Kathy earned her Associate of Applied Science degree in Legal Assisting (with distinction) from Phoenix College. In her spare time, when she is not spending time with her husband, two kids, and seven grandchildren or celebrating something with friends, Kathy writes a blog on proofreading tips at http://proofthatblog.com

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Ask Eula Mae: How To Handle a Difficult Client

Posted By NALS Editorial Board, Monday, March 6, 2017

Dear Eula Mae:

Recently, our quiet office has had a series of nervous, disgruntled, and loud clients.  It shakes me up because I know my attorney really helps them, but my attorney has been on vacation for a week and some things are just moving a little slower.  Things will speed up and be completed when he returns.  I know I cannot say much to these clients because I am not an attorney, but they want me to.  They want some inside information and I really do not have that. I do not know what to do to handle these situations and it makes me uncomfortable.  I know my attorney wants me to be professional with the clients, but sometimes I just freeze when I know there is some action that could be taken to make it all better for the client.  Please help.

Steady in San Antonio
 
Dear Steady in San Antonio:

There will be many difficult clients in your career.  This response will only cover a few of them, but you will basically know how to deal with them.  If you can, talk with your attorney as soon as possible about how he or she wants you to handle these situations.  It is good to try to be prepared for such surprises. 

Sometimes there are criers.  This is usually in a divorce case and, really, it is not a good use of your attorney’s time to sit there with the client when all they do is cry, so that means you have the privilege.  There is not much you can say in this situation; however, it will really help the client if you will just sit with them, listen, and give them tissues.  It sounds like such a simple thing, and it is, because all anyone really wants is to be heard. 

Let’s say you answer the phone and the client is very upset about something that is taking longer than they expected.  The client is getting louder and louder and more angry, so what do you do?  The first thing, of course, is listen to them.  Let them vent, take notes, and say you will have the attorney call them back.  You know not to provide any advice because you are not an attorney.  In fact, “I am not an attorney” should be the first thing out of your mouth if you are pressed.  Follow this statement with, “I will immediately report your concerns to your attorney.”  See The Model Rules for Professional Conduct, Rule 5.3 Responsibilities Regarding Nonlawyer Assistance.  Remember, all the client really wants is to be heard.  Listen carefully and try to find out what they really want.  Say as little as you can—just listen. 

The client may say things you do not want to hear.  That information is told to you in confidence and the only other person who should know about it is their attorney.  Be kind to them because, for a client, the legal process is scary and stressful.  They want answers now and it is up to the attorney to help them.  The best thing you can give them is your attention.

 


 

Submit Your Questions to Ask Eula Mae By Clicking Here.

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