tag:webster.utahbar.org,2007:/sections/paralegals/blog//5 2007-01-14T23:35:47Z Movable Type 3.33 tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.414 2006-11-12T23:34:00Z 2007-01-14T23:35:47Z

by: J. Robyn Dotterer, CLA - Legal Assistant Division Utilization Chair In the upcoming months the Legal Assistant Division of the Utah State Bar will be contributing articles regarding utilization of legal assistants in a number of practice areas. Our...

by: J. Robyn Dotterer, CLA - Legal Assistant Division Utilization Chair In the upcoming months the Legal Assistant Division of the Utah State Bar will be contributing articles regarding utilization of legal assistants in a number of practice areas. Our goal is to assist the legal community in understanding the role we can play in all areas of the practice of law. In the December, 2002, issue of the Utah Bar Journal Marilu Peterson, Division Chair, provided the Utah State Bar Guidelines for the Utilization of Legal Assistants. With that information available and the articles dealing with specific areas of law coming out, I wondered what I could say about the utilization of legal assistants that would catch the attention of practicing attorneys. So I contemplated the definitions of "utilization" and what it really means to the practicing attorney. The American Heritage Dictionary of the English Language defines "utilize" as: "To put to use for a certain purpose." That seems appropriate. Putting legal assistants to use for a certain purpose. But what is the purpose? The American Heritage Dictionary defines "purpose" as: "The object toward which one strives or for which something exists; goal; aim." Even better. The purpose for which a law firm would utilize a legal assistant. Now we're getting closer. The most important definition of proper utilization of a legal assistant may well be "A resource whereby attorneys increase their efficiency, productivity and bottom line." My definition. The purpose of a legal assistant when properly utilized could be, to a law firm, as simple as dollars and cents. Dollars and cents coming into your practice to bolster your bottom line. The costs involved in utilizing a legal assistant are similar to those associated with associates- and the benefits have a similar upside. In models published in the ABA Section of Law Practice Management book "Leveraging with Legal Assistants: How to Maximize Team Performance, Improve Quality, and Boost Your Bottom Line",1 the authors have demonstrated the financial benefits of billable hours generated by a team of attorney and legal assistant. Many of the examples also demonstrate a cost savings to the client. With their permission, I will use some of their examples to demonstrate how you can make this work in your own practice. Additionally, several years ago Judge David Nuffer presented a CLE seminar entitled "Leveraging with Legal Assistants" and used a number of the ABA's models from Leveraging with Legal Assistants. And then in 2001 a presentation was made at the Bar's Annual Convention in Sun Valley on utilization. It's clear this is not a new topic. But perhaps a reminder might be appropriate. Legal assistants can make you money. Legal assistants do substantive legal work that would otherwise be performed by the attorney. This is not to be confused with the practice of law; but rather doing those things that do not require the attorney do them personally. The ABA's definition of the role of a legal assistant is: Legal assistant associates are persons, qualified through education, training, or work experience, who are employed or retained by a lawyer, law office, governmental agency, or other entity in a capacity or function which involves the performance, under the ultimate direction and supervision of an attorney, of specifically delegated substantive legal work, which work, for the most part, requires sufficient knowledge of legal concepts that, absent such assistant, the attorney would perform the task. When you consider the types of work the legal assistant will be doing, you will realize that hours will be freed up that the attorney, who would otherwise be doing the work, will be able to use doing other tasks that only the attorney can perform. For example, the work that would be done by an attorney would include: Accepting a case Evaluating the case and charting its course Performing legal analysis Giving legal advice Formal judicial process (i.e., depositions, hearings, trials, etc.) Supervising the legal assistants The work that would be performed by the legal assistant would include: Obtaining facts from the client Communicating information to and from the client Interviewing witnesses Performing limited legal research to assist the attorney with the legal analysis Obtaining documents (i.e., police reports, medical records, employment records, deeds, photographs, plans, probate records, weather records, etc.) Preparing summaries, chronologies, itemization of claims, drafts of pleadings, interrogatories and production requests and responses Preparing outlines for the attorney to use in deposing witnesses and in argument Indexing deposition transcripts and preparing summaries of the evidence Preparing exhibits and lists2 The separation of these tasks will allow the attorney to handle more cases and offer services to the client at a lower cost. One of the attractions of utilizing legal assistants is the lower cost of legal services to your clients. The ABA "Leveraging" models demonstrate that clearly. In our example, assume all the work is performed by the attorney at a rate of $150 Example 1 Interview with Client 2 hr. $ 300 Interview Two Witnesses 2 hr. 300 Gather information 2 hr. 300 Review Documents 2 hr. 300 Legal Research and Analysis 3 hr. 450 Draft Pleading 2 hr. 300 Trial Preparation 4 hr. 600 Trial 4 hr. 600 TOTAL 21 hr. $3,150 The attorney invests 21 hours in the case and bills the client $3,150. Example 2 This is the same case with a substantial portion of the work being delegated to a legal assistant at $60 an hour. Interview with Client Attorney 2 hr. $300 Legal Assistant 2 hr. 120 Interview Two Witnesses Legal Assistant 2 hr. 120 Gather information Legal Assistant 2 hr. 120 Review Documents Legal Assistant 2 hr. 120 Legal Research and Analysis Attorney 1 hr. 150 Legal Assistant 2 hr. 120 Draft Pleading Legal Assistant 2 hr. 120 Trial Preparation Attorney 1 hr. 150 Legal Assistant 3 hr. 180 Trial Attorney 4 hr. 600 Legal Assistant 4 hr. 240 Total 27 hr. $ 2,340 In this example the attorney invests 8 hours, the legal assistant 19; billing is $2,340, saving the clients $810.3 But perhaps as important, saving the attorney 13 hours of time on this case that could be used to work on another case- freeing up time for tasks that only the attorney can handle. That example also demonstrates a significant involvement by the legal assistant in the case. By utilizing the legal assistant to the fullest extent, depending, of course, on experience and skill level, the attorney can significantly decrease the number of hours required on a given case. With a limited involvement by the legal assistant, the attorney's hours would be considerably higher. More extensive examples of this are outlined in "Leveraging," but I won't take the time and space to outline them again here. Take my word for it. It will save your client money and the attorney valuable time to utilize a legal assistant. In the arena of insurance defense, which is the area in which I have spent my professional time as a legal assistant, it is common for insurance carriers to indicate in their billing guidelines areas of responsibility based on the necessary skill level to accomplish a task from the attorney to the associate to the legal assistant and on to the secretarial/clerical skill level. Clients in other practice areas are also becoming aware of the divisions of responsibility that are available in most law firms. The task can be accomplished by the lowest cost denominator, not the highest. To derive a financial benefit from the use of legal assistants, the work must be properly managed and adequately priced. An economic analysis of how legal assistants can generate profits for attorneys is necessary to determine how a legal assistant can be a financial asset in your firm. The elements to consider in that financial analysis include the following: Revenues from legal assistant hours Any increase in the attorney's hourly rate that is justified by shifting a larger portion of the work to a legal assistant with a lower rate The increase in the attorney's billable hours that results from moving nonbillable work from the attorney to the legal assistant4 The ABA model in "Leveraging" also recommends an analysis of the costs versus the revenues. Costs can be determined by allocating the same categories of expenses to legal assistants as are shared among the partners and associates. That allocation would be based on the makeup of the firm and requires making subjective judgments. Costs that can be specifically allocated include: Salary- The salary figure of each individual should be specifically allocated. Fringe benefits- The fringe benefit expense can be allocated by specific individual or can be broken down by category of time-keeper: partners, associates, and legal assistants. Secretarial support- Each individual can be charged with the specific expense of his or her secretary or portion thereof (includes salary and fringe benefits). Office space- Each individual can be charged with his or her pro rata share of the office space or it can be broken down by category of timekeeper: partners, associates, and legal assistants. Dues, meetings, and CLE- These expenses may be specifically allocated, depending on the firm's control of these items. Other expense allocations will probably have to be estimated. For example: Supplies Library Administrative salaries Telephone, postage, copying, data processing Equipment Advertising, marketing and client development5 A test to determine if your legal assistant is of economic benefit to you is the "Rule of Three." This rather straight forward analysis simply says that the test of profitability is met if the revenues that are generated by the legal assistant equal three times the salary. For example: HourlyBillable Rate XHours = Revenues : 3 = Salary $80 1,600 $128,000 $42,666 $80 1,400 $112,000 $37,3336 Though it is considered that by this time the "Rule of Three" may have suffered some erosion due to increasing law firm costs so that the equation may be more of a "Rule of Three and a Half", this model may help you determine how to set the firm's financial goals and costs. Taking a serious look at the composition of your practice, your client base and your future plans for building and expanding your practice should include an analysis of the utilization of legal assistants in your practice. Consider these dollars and sense issues of how to increase your profitability and efficiency in your practice. As legal assistants, we are of value- financial and otherwise- if we are utilized properly. Footnotes 1. Expanding the Role of the Legal Assistant- Why Do It, Arthur G. Greene and Kathleen Williams-Fortin, Chapter 2, Leveraging with Legal Assistants: How to Maximize Team Performance, Improve Quality, and Boost Your Bottom Line, Arthur G. Greene, ed., ©1993 American Bar Association. All Rights Reserved. Reprinted by Permission. 2. Leveraging with Legal Assistants, Judge David Nuffer, Utah State Bar CLE, November, 1997 3. Expanding the Role of the Legal Assistant- Why Do It, Arthur G. Greene and Kathleen Williams-Fortin, Chapter 2, Leveraging with Legal Assistants: How to Maximize Team Performance, Improve Quality, and Boost Your Bottom Line, Arthur G. Greene, ed., ©1993 American Bar Association. All Rights Reserved. Reprinted by Permission. 4. Id., p. 11 5. Id, pp.11-12 6. Id, p. 13 tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.413 2006-11-12T23:31:48Z 2007-01-14T23:33:16Z

by: Lucy A. Knorr Can your family law practice function in your absence? If you find yourself scoffing at the idea of taking time off during the middle of the week to attend a seminar, volunteer at your child's school...

by: Lucy A. Knorr Can your family law practice function in your absence? If you find yourself scoffing at the idea of taking time off during the middle of the week to attend a seminar, volunteer at your child's school or ski in the middle of the week, you may find the ideas about utilizing legal assistants in this article especially helpful. The last time the lawyer I work for was gone for a few days, both her secretary and I remained extremely busy, and I billed as many hours as when she was present. Working at that level is very fulfilling because it feels like you are an essential part of a team. Granted, if there was an emergency where a client required immediate legal advice we had another family law attorney who could help. However, the point is, when you utilize your legal assistants effectively, they are happier in their jobs; and it allows you the ability to manage your time and to choose whether you want to service more clients, attend a seminar or take that ski day. In preparation for this article, I spoke with several family law legal assistants to gain additional perspective on legal assistant utilization. Our conversations about utilization fell primarily into the three categories of work delegation, communication and relationship style. tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.412 2006-11-12T23:29:24Z 2007-01-14T23:30:58Z

by: Peggi Lowden, CLA-S To get the most from an experienced and trained legal assistant1 in litigation practice, an attorney may need to open their practice to the pain of change. This will however lead to the benefits of change....

by: Peggi Lowden, CLA-S To get the most from an experienced and trained legal assistant1 in litigation practice, an attorney may need to open their practice to the pain of change. This will however lead to the benefits of change. The benefits are many. The most prevalent is an optimization of two valuable resources in litigation law practice - Cost-Savings and Efficiency. Cost-saving and efficient task delegation to accomplish the law firm's goals are for the benefit of client services. While cost-savings and efficiency are improved, economic and service benefits are realized by your clients.2 Incidental to the process of improving client services is an increase in the law firm's bottom line of potential earnings. For the attorney-legal assistant team, the evolution to figure out what tasks may be delegated to the legal assistant is a path to professional achievement and personal growth. The team can take the path slowly or can expedite it. I recommend a middle-of-the-road rate that leaves ample opportunity to reflect about the positive or negative result of each change that is worked on. Adjustments will need to be made as part of the process. It is most important to work to prevent any adverse compromise of client service in the process of delegation. It is unusual for negative results to occur, however and preventing it must be foremost in the minds of each team member - attorney and legal assistant. The delegation may consist of tasks that are known to be the responsibility of the legal assistant in all of the cases that are handled. Some may be on a case-by-case basis. It is typical to have a combination of both. This shouldn't be difficult. With no two cases being exactly alike, we are already accustomed to dealing in both styles (common tasks and case-specific tasks). Those in litigation practice are already adept "skilled multitaskers." Let's start with what may or may not be delegated. To emphasize the importance of not aiding in the unauthorized practice of law, I will first provide authority for those areas that you "may not" delegate to a non lawyer assistant: A lawyer may not delegate to a legal assistant: (a) Responsibility for establishing an attorney-client relationship. (b) Responsibility for establishing the amount of a fee to be charged for a legal service. (c) Responsibility for a legal opinion rendered to a client. ABA Model Guidelines for the Utilization of Legal Assistant Services Guideline 3 (1991)3 Legal work that may be delegated consists of any task that is performed by the lawyer, so long as it is not otherwise prohibited by law: Provided the lawyer maintains the responsibility for the work product, a lawyer may delegate to the legal assistant any task normally performed by the lawyer except those tasks proscribed to one not licensed as a lawyer by statute, court rule, administrative rule or regulation, controlling authority, the ABA Model Rules of Professional Conduct, or these Guidelines. See id. Guideline 2. Specific legal work that is generally unlawful to delegate according to the ABA, consist of: Court Appearances, Appearing as the Client Representative at Depositions, Signing Pleadings, Rendering Legal Advice to Clients, and Negotiating Settlements on behalf of Clients.4 With all of this said about what may be delegated and what may be prohibited from delegation, let's move onto specific areas that are commonly known to be delegated to legal assistants in the immediate community. The categories for delegation of litigation tasks that will be used for purposes of organization in this writing are: (1) Case Intake, (2) Investigation, (3) Initial Discovery, (4) Fact Discovery, (5) Expert Discovery, (6) Deposition Practice, (7) Motion Practice, (8) Pre-Trial Preparation, (9) Trial Work, and (10) Alternative Dispute Resolution.5 1. Case Intake Gathering of case facts and immediate concerns of the client in a meeting after the attorney has accepted the case. Fact determination through review and analysis of case documents. Procedural legal research. Substantive legal research depending upon the training and experience of the legal assistant, firm policy with regard to law clerks, and the level of comfort (or discomfort) regarding a non lawyer performing such research. Formal legal assistant training prepares a legal assistant to perform such research, but the training it is not as comprehensive as a lawyer receives in law school. Draft the Settlement Brochure/Demand Package. Draft the Complaint. Draft the Answer. Draft special appearance pleadings, such as motion for change of venue. 2. Investigation Gather facts from witnesses through interviews. Analyze facts and information to determine witnesses and areas of investigation to be conducted. Identify/gather records and documents from witnesses, governmental agencies, etc. Identify, gather and preserve tangible items that may be evidentiary in nature. Analyze whether expert consultation or opinion may become necessary to fully establish facts. 3. Initial Discovery Assist to assure Attorney Planning Meeting (ATP Meeting) is conducted. Meet with the attorney in preparation for the ATP Meeting to analyze results of investigation conducted, the potential for settlement, and fact/expert discovery to be accomplished. Participate in the ATP Meeting to know the position and posture of all parties, potential for settlement, and fact/expert discovery that all parties anticipate will be conducted. Where required, draft the Stipulation and Order RE: ATP Meeting. Supervise calendaring of all dates set in the ATP Meeting. Timely draft Initial Disclosures. If it is the practice of the attorney to produce documents identified in the Initial Disclosures at the time of the disclosure, then prepare the production. Draft Interrogatories and Requests for Production of Documents. Identify documents and records to be gathered through subpoena duces tecum and release authorizations. Identify the possessor of the documents and records sought. Assure that the Subpoena duces tecum and release authorizations are prepared in compliance with prevailing law and procedure for the particular type of document sought. Assure the above are served or sent in compliance with prevailing law and procedure regulating the particular type of document sought. Where necessary, work with providers of the above information to fulfill their individual requirements for release of the documents and records sought. 4. Fact Discovery Review and summarize Interrogatory Answers and Responses to Requests for Production of Documents. Request additional documents and records per discovery answers. Conduct additional fact gathering interviews of witnesses per discovery answers. Analyze and make recommendations of fact witnesses to depose. Review, analyze, and summarize factual documents and records. Meet with client regarding answering discovery served. Draft Answers to Interrogatories and Responses to Requests for Production of Documents, identifying and preparing documents that are responsive to the Requests. Recommend additional formal discovery requests to be served, and draft the same where applicable. Be prepared to accomplish fact discovery deadlines per ATP Meeting stipulation and order. Where not possible, make recommendations regarding extending deadlines. Where applicable, communicate with other counsel regarding extensions of deadlines and draft correspondence or pleadings reflecting the same. 5. Expert Discovery Analyze case facts and legal issues to make recommendations regarding retention of expert witnesses. Locate appropriate expert witnesses. Collect background information regarding expert witnesses pursuant to court rules regarding the same. Make initial contact with expert witnesses to determine their availability and share brief facts regarding the case. Where required, identify and prepare documents and records for expert review. See that any inspections, evaluations, or examinations by experts are scheduled. In preparation for inspections, evaluations, or examinations identify and prepare documents and records required to be reviewed by experts. Preserve tangible items in a non altered state. Where required that alteration of any item need take place, work with other counsel to arrange opportunity of all parties to be present. Analyze and make recommendations regarding depositions to be taken of experts of other parties. Analyze and make recommendations regarding Requests for Admissions for service on adverse parties. Draft Responses to Requests for Admissions when they have been served on your client. 6. Deposition Practice Communicate with all parties and witnesses to arrange depositions of parties, fact witnesses, and expert witnesses. Prepare notices of depositions, subpoenas, and notice of acceptance of service of witness depositions, where required. (Assure that there is a system in place with secretarial staff to arrange for a conference room and court reporter, etc.) Attend and participate with the attorney in the client pre deposition meetings. Identify and prepare documents and records required for the attorney's review in preparation for depositions. Identify and prepare exhibits to depositions. Where preferred by the attorney, the management of many documents is necessary, or the legal assistant has particular information regarding the case, attend the depositions. Read the deposition transcript. Be prepared to summarize, outline, or index where necessary. 7. Motion Practice Analyze case issues and facts and make recommendations regarding potential motions to be made during discovery (motion to compel, etc.) and in preparation for trial (motion in limine, etc.). Draft the fact section of memorandum in support of motion, citing to authority for each fact. If conducting substantive legal research for the memorandum, then draft the argument and analysis sections. Identify, work with potential witnesses, and draft affidavits required to support the memorandum. Identify and prepare exhibits to the memorandum. Calendar due dates for objections to motion (and reply when appropriate). Where objecting to motion, any or all of the same steps identified for the memorandum may be delegated to a legal assistant. Draft notice to submit for decision. Prior to the hearing, make contact with the court regarding the procedure pertaining to courtesy copies for the judge. Prepare the courtesy copies for the judge pursuant to their procedure and policy. Identify and prepare all motion pleadings, additional documents and information required in order to prepare for a hearing. 8. Pre-Trial Preparation Review and analyze the case materials to identify potential admissible evidence that is relevant to the remaining issues. Make recommendations regarding potential motions in limine. Make recommendations regarding potential fact witnesses to testify at trial. Make recommendations regarding potential expert witnesses to testify at trial. Communicate with the witnesses identified to discuss trial procedure, pre-trial preparation, and to arrange for the trial appearance of each. Subpoena the trial witnesses, where required. Attend to deadlines regarding motions in limine, jury instructions (whether to be agreed and if so how objections are to be handled), exhibits exchange, etc. Draft the jury instructions. Prepare the trial exhibit list. Prepare the trial exhibits and supervise the arrangements for demonstrative exhibits. Determine the presentation materials that are required for the court room (video tape or audio player, easels, enlarged documents, etc.) and supervise the arrangements for the same. Participate in any pre-trial meetings. 9. Trial Work Assist with the jury selection process. Assist with the pre testimony fact witnesses. Assist with the pre testimony expert witnesses. Assist to track the exhibits of all parties. Assist with the exhibit handling for your case. Assist with making recommendations for areas of cross-examination of witnesses. Assist with special equipment to be utilized. 10. Alternative Dispute Resolution Arbitration: Any of the above tasks may be delegated to a legal assistant in a case that is to be resolved through arbitration. Be responsive to the deadlines for submitting arbitration position papers or briefs. Be responsive to any other deadlines that are set by the arbitrator. Draft the arbitration position paper or brief. Identify and prepare the exhibits to the arbitration position paper or brief. Prepare the exhibits to be used during the arbitration hearing. Attend and assist the attorney at the arbitration hearing with the witnesses and exhibits. Mediation: Track deadlines set by the mediator for submitting position paper or brief. Be responsive to any other deadlines set by the mediator. Draft the mediation position paper or brief. Identify and prepare the exhibits to the mediation position paper or brief. Prepare the exhibits to be used during the mediation. Attend the mediation where assistance is required. Conclusion Necessary elements to attain optimized utilization includes creativity of the attorney-legal assistant team in analysis of your litigation practice goals, a "recrafting" of your practice to better serve your clients, and a high level of confidence in the experience, education and training of the legal assistant. The arrangement is most beneficial when you can meet the goals of cost-saving and efficient methods to accomplish client work to ensure that your clients reap economic benefit. Increased delegation should free you (at least more free than you are now) to accomplish the goals that you may wish to set to allow you to increase your client base or range of services. Footnotes 1.The term "Legal Assistant" as used in this article refers also to those known as a "Paralegal." Although there is no distinction between the two in our community, others may make a distinction. 2.J. Robyn Dotterer, The Dollars and Sense of Utilization of Legal Assistants, 16 Utah Bar Journal No. 3 (2003). 3.Determined by The Standing Committee on Legal Assistants of the American Bar Association, Guidelines for the Utilization of Legal Assistant Services (1991). 4.Except for statutory authority to the contrary within certain administrative agency proceedings. 5.All delegated tasks listed are to be supervised by the attorney. See also Utah Rules of Professional Conduct Rule 5.3, Responsibilities regarding nonlawyer assistants. Tasks identified are discretionary and are not delegated to legal assistants in all law firms nor in all of the cases that are accepted by the attorney. There are tasks that may delegated by attorneys to legal assistants that are not listed here. tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.411 2006-11-12T23:27:05Z 2007-01-14T23:28:41Z

by: Shari Snell Faulkner Officially, a probate is a court procedure to (a) determine the validity of a will; or (b) determine legal heirs, if no will. A probate proceeding also names a personal representative to perform fiduciary roles in...

by: Shari Snell Faulkner Officially, a probate is a court procedure to (a) determine the validity of a will; or (b) determine legal heirs, if no will. A probate proceeding also names a personal representative to perform fiduciary roles in settling a decedent's estate. Whether or not a court proceeding is necessary, unofficially a "probate matter" in a law office would include such things as: filing the necessary documents with the court assisting the personal representative to inventory all of the probate and non-probate assets paying final expenses and debts of the decedent filing an estate tax return, if necessary filing the necessary income taxes preparing an accounting distributing the remaining assets to the proper beneficiaries A paralegal can be extremely effective, both in administration of the estate and in cost-effectiveness, in assisting an attorney with the probate process. Because of all of the tax issues, this area of legal practice can be most challenging. Many times the estate is simple. Perhaps the probate client is someone who has just lost his or her spouse and part of the paralegal's duties is to help the client adapt to his or her new situation. On the other hand, it may be a sophisticated estate worth millions of dollars with a variety of assets and tax issues. Beginning the Probate Process After the attorney has determined whether or not a probate action in court is necessary, a paralegal's first responsibility may include drafting the documents necessary for a court probate proceeding. Among other things, a paralegal can make sure that the notice to creditors is published, the attorney is aware of all creditor's claims filed, and the numerous timetables to be dealt with in a probate proceeding are met. If an ancillary probate is necessary, a paralegal can communicate with the attorney in the other state regarding the property owned by the decedent in that state and make sure that all necessary transfers of title are accomplished. A paralegal can also work closely with the personal representative in making sure the personal representative understands his or her responsibilities and in helping the personal representative carry out those duties. Initially, a paralegal can do such things as (a) follow up on all government benefits, such as Social Security and veteran's benefits; (b) assist the personal representative in opening a bank account for the estate; (c) apply for all life insurance proceeds; and (d) help the personal representative determine the steps necessary to protect the assets of the estate, such as providing proper storage and security of assets, continuing insurance payments, making monthly payments, etc. The duties of a personal representative can be overwhelming for someone who is unfamiliar with the process. Many clients serve in that capacity only once in their lifetime. A paralegal can work closely with the personal representative to make sure that all duties of the personal representative are completed. Inventory One of the primary responsibilities of a personal representative is to prepare an inventory of the estate assets, both probate and non-probate assets. (Probate assets consist mainly of solely owned property or property owned as a tenant in common while non-probate assets may consist of property held in joint tenancy, POD (payable on death) accounts, life insurance, pension and profit-sharing plans, annuities, 401(k) plans, KEOGH, employee stock ownership accounts, IRAs, etc.) While a personal representative may not recognize the difference between a probate and a non-probate asset, a paralegal can verify ownership to determine if an asset is probate or non-probate property. Another important responsibility of a personal representative is to determine the value of these assets on the decedent's date of death. A paralegal can be tremendously helpful in fulfilling this task. United States Estate Tax Return and Utah Inheritance Tax Return Once a first draft of the inventory has been completed and values at least estimated, a determination can be made whether or not a United States Estate Tax Return must be filed. If it is, a paralegal can be of substantial assistance to the attorney. (One word of advice here, however. It would be wise to send your paralegal to a seminar dealing with the preparation of estate tax returns. These are usually held in major U.S. cities and may last three to five days. But it is well worth the cost and effort.) In preparing an estate tax return, a paralegal must work with the personal representative and gather such information as all property in which the decedent had an interest gifts made within three years of decedent's death transfers with retained life estates transfers taking effect at death revocable transfers annuities joint interests powers of appointment life insurance proceeds As we are all aware, the IRS has innumerable rules, some of which pertain to the valuation of assets listed in the estate tax return. A paralegal who has learned these rules can proceed with obtaining real estate appraisals, valuing stocks and bonds, getting date of death balances on all bank accounts, ordering statements from life insurance companies (to file with the estate tax return); obtaining appraisals on collections, antiques, etc. Valuing assets for an estate tax return is a time-consuming and tedious process, one which is best completed by a competent paralegal. One example of how complex it can be might be how the IRS requires that stock traded on an exchange be valued. You must find the mean (average) of the high and low selling prices of the stock on the date of death. You must also locate and include the value of all dividends that were declared prior to the decedent's death but paid after death. The IRS also requires that all stock splits and reversals declared prior to the decedent's death but not issued until after death be included in the estate tax return. There are special rules if the decedent died on a weekend, if the stock didn't trade daily, or if it the stock was held in a closely-held business. Even worthless securities owned by the decedent should be listed and described appropriately. With the advent of the Internet, the time and effort to do this task has been greatly reduced. There are also services which will calculate these values for you. In any event, it is important that all assets in the estate tax return be valued according to the IRS regulations and that someone has the knowledge and the time to do that, all at the least possible expense to the client, while still making money for the firm. Who better to perform this task than a competent paralegal? After all assets have been identified and valued according to IRS regulations, proper deductions must be identified so that the taxable estate can be calculated. The paralegal can again work with the personal representative in identifying the deductions acceptable to the IRS, including such things as funeral expenses administrative expenses claims against the estate debts and mortgages casualty losses transfers for public, charitable and religious uses bequests to the surviving spouse (marital deduction) After all the assets and deductions are appropriately identified and valued, a paralegal should work closely with the supervising attorney in making all tax decisions that must be dealt with in an estate tax return. Then the paralegal can complete the recapitulation schedule of the estate tax return and compute the tax. (Of course, there are now several software programs on the market than can assist in preparing the estate tax return and making the final computations. Part of my responsibilities as the paralegal for the probate section of my firm was to review the available software programs and to recommend the one I believed best suited for our firm's needs.) After the estate tax return is completed, a paralegal can then marshal the attachments necessary for the estate tax return, including the death certificate, will and trust (if appropriate), all appraisals, life insurance forms, disclaimers, state tax return, and all other supporting documentation. A paralegal can also make sure the estate tax return is signed properly and filed timely with the IRS. A paralegal can also prepare the Utah Inheritance Tax Return and make sure that it is signed properly and filed timely with the State Tax Commission. While obtaining all the necessary information for the estate tax return, the paralegal can prepare "audit files" to be used if the IRS requests an audit of the return and/or additional information or verification of information is requested. One caveat: It is very important that the supervising attorney review the estate tax return in detail before it is signed by the personal representative and filed with the IRS. The IRS regulations are continuously and rapidly changing, and it is imperative that, no matter how experienced the paralegal and no matter how much the attorney trusts the paralegal, two sets of eyes are better than one. There are many chances in an estate tax return where mistakes can be made, some of which could prove quite costly to the client. While it is important that a supervising attorney review ALL documents prepared by a paralegal, this one is imperative! Income Tax Returns A paralegal can work closely with the decedent's accountant in preparing all income tax returns, including (a) preparing of all SS-4 forms to obtain federal identification numbers for the estate and all trusts included in the estate; and (b) helping the personal representative gather all the necessary forms and information for the accountant. Accounting An accounting is a summary of income and expenses which shows profits and losses. Although accountings can be waived by the beneficiaries of an estate, it is often required, and quite appropriate so that a personal representative accounts for all the assets for which he or she has been responsible. This protects both the personal representative and the beneficiaries. A paralegal, working with the personal representative, can usually prepare the accounting by balancing the estate checking account, making sure all capital transactions are reported, all income (dividends, interest, rents, etc.) is accounted for and all expenses and distributions are reported. Distributions and Transfers of Title Once the estate tax return has been filed, all expenses paid and the accounting prepared, a paralegal may assist the personal representative in making distributions to the proper beneficiaries. This can be accomplished in several smaller or one final distribution. Distributions may be made in cash or in property. The paralegal can assist the personal representative in transferring the title to these assets to the proper beneficiaries, such as preparation of deeds and affidavits of survivorship for real estate and working with stock transfer agents for the transfer of stock and mutual funds. A paralegal can also help by preparing a settlement agreement among the beneficiaries. And finally, a paralegal can assist the personal representative in obtaining receipt and release forms when the distributions are made. Conclusion Each probate is unique and there is much more that may go into the management of an estate, such as elections by surviving spouses, renunciations and disclaimers, will contests, calculations of marital deductions, etc. Although these are decisions an attorney must make, a paralegal can help in obtaining and providing the attorney with the necessary information to make these decisions. A paralegal is paramount, however, in working with the personal representative and the attorney in making sure that all steps in the administration of a probate are completed. The probate process, especially if an estate tax return is required, is detailed and the work must be meticulous. It is necessary that the paralegal in this area work closely with the supervising attorney to assure that no mistakes are made. As stated above, it would also be best if the paralegal obtain some specific training in the preparation of estate tax returns. The more efficient a paralegal is for the client and supervising attorney, the more efficient the supervising attorney is for the firm. The client saves money and the firm makes money. Who could ask for more? tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.410 2006-08-07T23:24:30Z 2007-01-14T23:26:17Z

by: Danielle Price I have a few membership and CLE updates to share and I have some information in follow up to Paralegal's Day, which was May 18th. As many of you may already know, the Bar has added a...

www.blomquisthale.com. The Paralegal Division will be mailing information on this program to all Division members at their home address in August. Blomquist Hale offers services throughout the state and beginning September 1, 2006, "you and your family will have immediate access to trained counselors for face-to-face help with family problems, stress, depression, anxiety, personal cash management difficulties, elder care challenges, assessment of drug/alcohol dependence, and any other issues impairing your work or personal lives." This is just some of the information available on the Bar's website at http://utahbar.org/members/blomquisthale.html.]]> This added benefit for Division members is provided at a very reasonable cost. However, in order to offer this benefit, it is necessary to increase Division membership dues. The Board of Directors feel strongly that this is a valuable and tangible benefit for Division members and voted, without any opposition, for a dues increase of $25. The Division has not increased dues for many years now and the Board has been very reluctant to do so on prior occasions, but this really is a worthy benefit for members making the dues increase an easy decision. The Board recognizes that for some members, this increase could be a burden and may affect their ability to renew membership. If this is the case for you, please contact Kathryn Shelton as soon as possible. Membership renewals have been sent and are due June 30th. A late fee of $25 is applicable for renewals postmarked after July 15, 2006. Please note that if you submitted your application for membership after March of this year, you will only need to remit $25 for the dues increase to continue your membership for the 2006-2007 year. All of the membership forms are available on the Division's website at http://www.utahbar.org/ sections/paralegals/Welcome.html. Also, note that the renewal documents include a volunteer form. There are many areas for involvement and the Board of Directors can definitely use your help in accomplishing all of the work that needs to be done throughout the year. Please consider getting involved. As you know, the Division has been co-sponsoring with LAAU, monthly Brown Bag CLE in the Salt Lake area for the past couple of years. Jones Waldo graciously hosts these seminars on the 2nd Wednesday of the month and provides drinks. In addition, Ikon provides cookies for everyone. Over the past several months, the Division and LAAU have been working to provide Brown Bag seminars in the Ogden area. Due to the assistance of paralegal, Kenneth Raya with Smith Knowles in Ogden, the Division is pleased to announce the first Ogden CLE on June 21st. Brown Bags will be held each month in Ogden, on the 3rd Wednesday of the month, with the exception of July and possibly December. Seminars will alternate between Smith Knowles and VanCott Bagley in Ogden. Obviously, if you are in the area, your attendance would be appreciated. If you are interested in presenting or know of someone who may be, please contact Sharon Andersen at Sharon.andersen@slcgov.com. Likewise, if your firm is interested in hosting a Brown Bag, contact Sharon. Presenters receive 3 hours of CLE credit for their 1 hour CLE presentation. As a simple reminder, all Brown Bag seminars are free of charge, making it very easy to add up those CLE hours required for members of both LAAU and the Paralegal Division. As for Paralegal's Day, this year's committee did an amazing job in planning the annual celebration luncheon. The event was at the Joseph Smith Memorial Building with just over 150 people in attendance. What a turn out! Ron Yengich presented an engaging and entertaining CLE program which garnered rave reviews. In addition to our regular program for the day, we added the presentation of the first annual Distinguished Paralegal of the Year award. This award was created by the Division in conjunction with LAAU with nominations accepted from attorneys and paralegals. The Nomination Selection Committee consisting of Judge David Nuffer, Katherine Fox, Charlotte Miller, Suzanne Potts (Paralegal Division representative), and Lorraine Wardle (LAAU representative), was charged with reviewing the nomination forms and selecting the award recipient. Lonnie Dawson, a paralegal with the Summit County Attorney's Office, was this year's recipient. Summit County Attorney, David Brickey, nominated Lonnie on behalf of the attorneys at his office. I had not met Lonnie prior to Paralegal's Day at the time of her award presentation, so I do not have personal knowledge of her accomplishments as a paralegal. Therefore, I refer to the information provided by Mr. Brickey who nominated Lonnie due to her "unparalleled professionalism and excellence." "Lonnie exhibits compassion, professionalism, and tact in dealing with the various personalities that come through the door, and our office routinely receives compliments on the way Lonnie performs her duties." According to Mr. Brickey, all of the attorneys at his office use Lonnie as a model for their own work ethic and disposition. It is apparent from Mr. Brickey's nomination that Lonnie is an invaluable asset to his office and that she exemplifies the best qualities of a paralegal. The Division was pleased to present her with the first Distinguished Paralegal of the Year Award. This award is intended to be an annual presentation, which means that you should expect to see nomination information circulated next Spring. This award is not restricted to members of either LAAU or the Paralegal Division. I am sure that we all know someone who should be nominated for this award, so be prepared! tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.409 2006-05-30T22:24:37Z 2007-01-14T23:23:13Z

by: Danielle Price This year marks the 10th Anniversary of the Paralegal Division since its creation by the Utah Supreme Court in April of 1996. The Division hosted an anniversary celebration on April 6, 2006, at Rice Eccles Stadium Tower...

by: Danielle Price This year marks the 10th Anniversary of the Paralegal Division since its creation by the Utah Supreme Court in April of 1996. The Division hosted an anniversary celebration on April 6, 2006, at Rice Eccles Stadium Tower to recognize those who worked to create the Division and to continue its growth and progress. The event celebrated the accomplishments of the Division and its members over the past ten years, as well as the growth of this profession. The evening included special guest speakers, Steven Kaufman, Former Chief Justice Michael Zimmerman, Peggi Lowden, and Mary Black. The celebration wrapped up with an amazing performance by Kurt Bestor. A copy of the program for the event is available on the Division's website and contains some interesting historical information from 1996 to present. I hope you will take a moment to review the program if you have not already. We also posted several photographs from the event. Our anniversary celebration would not have been possible without our very generous sponsors. I thank each and every one of our sponsors for their contribution and support. Our sponsors include: Bertch Robson Christensen & Jensen Citicourt Durham Jones & Pinegar Family Law Section File Center Flaco Productions Jones Waldo Holbrook & McDonough Jim and Mary Kruse Kruse Landa Maycock & Ricks LAAU Merit Reporters Parsons Behle & Latimer Q & A Reporting Real Property Section Richards Brandt Miller & Nelson Salt Lake Legal Securities Section Snow Jensen & Reese SOS Staffing Services, Inc. Strong & Hanni Young Lawyers Division Special thanks as well to our Gold Sponsors, Utah State Bar, Holme Roberts & Owen, and the Business Law Section. Gold sponsors contributed $1000 each. We had one more Gold Sponsor, Litigation Document Group, who in addition to a financial donation, printed all of our invitations and programs free of charge. Many thanks to all of our sponsors for enabling the Division and our many guests to have such a wonderful evening. The end of my term is quickly approaching in June. It has been an honor to lead the Division this year and to have worked with such a dedicated and impressive Board of Directors. A bio and photo for each can be found on our website. Elections will be held on June 16th at our Annual Meeting. At the Annual Meeting I will hand over the reins to Kathryn Shelton, our Chair-Elect. Kathryn is a paralegal with Durham Jones & Pinegar and has been a great asset to the Division. I am sure that Kathryn will lead the Division to new heights because she has much to offer. I know I am leaving the Division in capable hands. Please keep in mind that there are always opportunities for involvement if you are interested. Contact any Board member for information on volunteering on a committee or on the Board of Directors. The Paralegal Division needs your involvement to assure that the next ten years are as successful as the first ten years. tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.408 2006-04-04T21:56:20Z 2007-01-14T21:59:19Z

The "How To Guide" for Membership in the Paralegal Division by: Peggi Lowden Are you wondering how to apply for membership in the Paralegal Division of the Utah State Bar (the "Division")? Am I a paralegal by the Division's definition?...

The "How To Guide" for Membership in the Paralegal Division by: Peggi Lowden Are you wondering how to apply for membership in the Paralegal Division of the Utah State Bar (the "Division")? Am I a paralegal by the Division's definition? What are the educational and experience requirements for membership? How can I get the application forms? Once I'm a member, are there any CLE requirements to maintain my membership? We are frequently asked these questions. We are glad that you asked. To better serve you - a future member - we offer this "How To Guide" to answer your questions and to assist you in your application for membership in the Division. First, what is a paralegal? The Division follows the Utah Supreme Court's definition of a paralegal: [A] person, qualified through education, training or work experience, who is employed or retained by a lawyer, law office, governmental agency, or other entity in a capacity or function which involves the performance, under the ultimate direction and supervision of an attorney, of specifically delegated substantive legal work, which work, for the most part, requires a sufficient knowledge of legal concepts that, absent such an assistant, the attorney would perform the task. Second, let's look at who is eligible for membership in the Paralegal Division. You are eligible for membership if you meet the following qualifications: 1. Currently work under the ultimate supervision of a duly licensed Utah attorney whenever you perform duties that are reserved to the practice of law. To meet this requirement, you must currently work under the ultimate supervision of a member of the Utah State Bar and perform the duties of a paralegal on a full-time or part-time basis. For example, you might be employed by (or volunteer with) a law firm, governmental agency, corporation, or nonprofit association.1 Or, you might be a freelance contract paralegal working for a variety of entities. 2. Meet certain educational and/or work experience requirements. The Division attempts to capture the great variety of career paths one may take to become a paralegal. As a result, there are many choices that are available to help you meet this requirement. Please don't let the many educational/experience options stop you from reading on. It's painless! You need to meet only one of the following options: A. Successful completion of a formal ABA-Approved program of paralegalism. B. Successful completion of an institutionally accredited formal education program of paralegalism that consists of a minimum of 60 semester hours (or equivalent quarter hours) is required for this category. However, at least 15 of the 60 hours must be substantive legal courses, such as, contract law, civil litigation, constitutional law, etc. C. Successful completion of an institutionally accredited formal course of college study that consists of 16 semester hours of substantive legal courses and 45 semester hours of general college courses, and at least one year of full-time experience as a paralegal under the ultimate supervision of a duly licensed attorney. D. A minimum of five continuous years of full-time experience as a paralegal under the ultimate supervision of a duly licensed attorney and at least 16 hours of Continuing Legal Education (CLE) within the immediately preceding two years of your application for membership. E. Successful completion of a baccalaureate degree in any field and two continuous years of full-time experience as a paralegal under the ultimate supervision of a duly licensed attorney. F. Successful completion of the voluntary certification examination given by the National Association of Legal Assistants (CLA®/CP®), or comparable examination approved by the Division, and six months of full-time experience as a paralegal under the ultimate supervision of a duly licensed attorney. 3. No felony convictions for which you have not been pardoned or otherwise had your full rights restored. 4. No misdemeanor convictions involving theft, embezzlement, or fraud. 5. No expulsion or suspension from membership in a law related professional association without being fully reinstated. 6. Read and understand the Utah Supreme Court's definition of a Paralegal. 7. Read and agree to be bound by the Division's Code of Ethics and Guidelines for the Utilization of Paralegals.2 8. Agree to notify the Division of any change in employment status, address, or supervising attorney. Third, how do you find the forms to apply for membership in the Division? The Division membership forms are available on the Utah State Bar's web site: http://www.utahbar.org. To navigate to the membership forms, go to the Bar's web site and find the link for Sections & Committees. Next, find the link to the Paralegal Division. At the Division's page, find the link to Membership Forms. The membership forms are available in PDF format and include instructions that are useful to help you submit your application. You may print and mail your completed application to the Utah State Bar, together with your annual membership dues in the amount of $50.00.3 Fourth, the Division requires the completion of yearly CLE credit hours. The requirement consists of a minimum of ten CLE hours, including one hour of Ethics to be completed within each membership year after your initial application for membership. Proof of completion of the CLE hours is required upon renewal of your membership. The membership year runs from July 1 to June 30. Now that you've learned about how you can become a member of the Division, explore a bit while you're visiting the Bar and Division's web sites. Check out the benefits available to you as a Division member. Briefly, membership benefits offer you a variety of options to help you meet your professional responsibilities and enhance your career options. The Division offers continuing education, networking with a variety of professionals, discounts on products and services offered to Bar members,4 the Utah Bar Journal, CLE opportunities sponsored by the Bar (including special discount rates exclusively for members of the Division to Bar conventions throughout each year), along with affiliate membership offered to Division members in specific practice areas. Currently, affiliate practice area membership status is available to Division members as follows: Alternative Dispute Resolution, Appellate Practice, Collection Law, Corporate Counsel, Family Law, Franchise Law, Intellectual Property, International Law, Real Property, Securities, and Young Lawyers. Finally, you know more about the benefits, professional opportunities, and professional responsibilities of membership in the Division. Now is the time to consider making your application for Division membership a priority. Complete and submit your application, today. We welcome your questions and concerns as you work on your application for membership in the Division. Inquiries that you make to the Bar are forwarded to a member of the Division who is qualified and available to respond to you. Of course, if you can track one of us down directly, it will be our pleasure to assist you as you complete your application for membership. We look forward to receiving your application for membership. We also look forward to welcoming you as a member of the Division. Make a positive move in your career and network circle by submitting your application for membership in the Paralegal Division. Then, consider becoming a volunteer leader in the Division. Membership and leadership are rewarding and may "super charge" your career! 1. There are other entity types that utilize paralegals. 2. Available on the Division's web site: http://www.utahstatebar.org 3. If you are not accepted as a member, your check will be returned to you. There is no fee to process your application. 4. Membership in the Paralegal Division does not confer membership in the Utah State Bar, nor does membership authorize a paralegal to practice law. tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.406 2006-03-27T21:52:29Z 2007-01-14T21:54:11Z

http://www.legalassistanttoday.com/ Welcome to Legal Assistant Today’s (LAT) Web site. As the only independent trade magazine geared toward the rapidly expanding needs of the paralegal profession, we’re happy to offer you a look into the pages of LAT....

http://www.legalassistanttoday.com/ Welcome to Legal Assistant Today’s (LAT) Web site. As the only independent trade magazine geared toward the rapidly expanding needs of the paralegal profession, we’re happy to offer you a look into the pages of LAT.]]> tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.405 2006-03-27T21:47:24Z 2007-01-14T21:50:20Z

Farewell - 2005 I know that many of you share a story similar to mine. In the Spring of 1996, I was eagerly anticipating the prospect of completing my Associate's Degree in Paralegal Studies from Salt Lake Community College. I...

Farewell - 2005 I know that many of you share a story similar to mine. In the Spring of 1996, I was eagerly anticipating the prospect of completing my Associate's Degree in Paralegal Studies from Salt Lake Community College. I was already working in a position at the law firm of Kruse Landa Maycock & Ricks, LLC, then known as Kruse Landa & Maycock, LLC ("KLM&R") as its receptionist. After graduation, I began working for the office manager where I learned how a law office really operates, how I could best be utilized, and how I should perform as a paralegal. Since then, I have continued my employment with KLM&R and was honored to become Mr. James R. Kruse's paralegal. I have now been working for Jim in the corporate and securities area for five years and have been with KLM&R a total of ten years. It is amazing what I have learned from the attorneys, office manager and staff at my firm. Looking back at my experiences, I realize the skills they were teaching me were vital building blocks to my career. I cannot thank them enough for all they have contributed to my success as a paralegal. I love being a paralegal and look forward to many more years working in this profession. Many of us who are veterans in the paralegal profession began working at a time when most attorneys were just starting to utilize paralegals. We are very fortunate that in early 1995 a small group of individuals recognized the need for a paralegal section of the Utah State Bar. These same individuals saw that the attributes of professionalism, expertise, and adaptability would be as important to the success of the paralegal section as they are to the individual members of the section and of this profession. Throughout the Paralegal Division's nine-year history, the leadership of the Division has worked to anticipate the needs of the paralegal profession as the profession experiences dramatic growth. Throughout these years of growth, the purposes set forth by our Division have guided us well in providing opportunities for paralegals while educating the legal community and the public about this profession. I enjoyed my tenure as Chair of the Paralegal Division during this past year and am now happy to turn the Chair position over to Danielle Price. Danielle is a paralegal with the law firm of Strong & Hanni, working with Stuart Schultz and Peter Christensen, specializing in insurance defense litigation. Danielle has worked as a paralegal for 13 years and has experience in numerous practice areas. She received a paralegal certificate from Westminster College. Danielle is a former President, Education Chair, Parliamentarian, and Newsletter Editor for the Legal Assistants Association of Utah (LAAU). She has served on the Governmental Relations, Bar Journal, and Licensing committees for the Utah State Bar and on the education and committee for the Paralegal Division. She is currently serving as an ex-officio member of the Bar Commission as a representative of the Paralegal Division. To all of you, I say thank you and congratulations for a job well done in expanding the paralegal profession. It has been a privilege to serve and collaborate with many of you in our mutual quest to succeed as paralegals. I would like to express my deepest appreciation to the hard-working directors of the Division. My term of service as Chair has been enormously rewarding and a great learning experience. To the members of the Division and everyone in the paralegal profession I say: Keep striving to grow! It is an exciting time to be a paralegal! tag:webster.utahbar.org,2006:/sections/paralegals/blog//5.404 2006-01-20T21:40:08Z 2007-01-14T21:45:53Z

by: J. Robyn Dotterer At long last the data have been compiled on the first web-based utilization/salary survey for the Utah State Bar Paralegal Division with the assistance and cooperation of the Legal AssistantÕs Association of Utah (LAAU). A joint...

by: J. Robyn Dotterer At long last the data have been compiled on the first web-based utilization/salary survey for the Utah State Bar Paralegal Division with the assistance and cooperation of the Legal AssistantÕs Association of Utah (LAAU). A joint committee was formed to undertake the drafting of a utilization/salary survey that could be established on the Utah State Bar Paralegal Division's web page and could then be taken by paralegals or their supervising attorneys online. I was the Committee Chair (by default) since I was the Utilization Chair of the Paralegal Division of the Utah State Bar at the time the request was made. Serving on the committee were Heather Holland, Records Manager and Paralegal for SOS Staffing Services, Inc., Staci Robison, Paralegal for Hill, Johnson & Schmutz, LC, and the representative of the Legal Assistants Association of Utah, Diane Samudio, Senior Paralegal for Symantec Corporation. We had input and support from three Division Chairs over the life of this committeeÕs work. Initially, the assignment to form the committee was made by Chair Sanda Flint, past-Chair Tally Burke oversaw most of our work, and current Chair Danielle Price is assisting in the modifications for future surveys and ongoing committee work to keep the data base at the Bar updated and functioning into the future. We had technical support from the excellent staff of the Utah State Bar and worked closely with Lincoln Meade, Toby Brown and Brooke Bruno and anticipate (and hope) that their technological support of the web site will carry into future surveys. In our first survey the committee tried to cover the areas that we believe to be of the most importance to paralegals working in Utah and since this is the first survey and was basically a Beta test of the site and the survey, we do not have data for comparison purposes or correlations. We have identified a number of questions and categories of questions that we want to reformat so future survey responses will allow for correlation of the data. At this point, our data is relatively straightforward in terms of having had a limited number of responses (94) and no history to draw comparisons to. About 20% of the responses were from attorneys rather than paralegals. We found that having the same survey available to both attorneys and paralegals caused some interpretation issues, and a number of our questions had fewer responses than non-responses. That created a problem for purposes of correlation. We are looking at having the survey being responded to only by paralegals to eliminate the number of non-answers by persons who may not know the specifics of the particular questions being asked. We are posting the Executive Summary of the responses at the Utah State Bar Paralegal Division website. We also will have some graphic representations of some of the responses that lend themselves to visual representation. The demographics of the responses were interesting. Of those who responded, 85% were female. More than half of our respondents work in law firms, 25% work in governmental agencies and about 10% work for corporations. The areas of practice are varied but the highest percentage work in litigation. The next high categories are in contracts, family law, bankruptcy and regulatory practice. We are planning in the future to be able to do some correlations based on the organizational employment and will reformat some of the questions to allow for those correlations. (See Graphic identified as Question #2.) Only 3% of the respondents are part time employees and 2% are independent. It appears that the paralegals in Utah are by and large engaged in full-time work. We will also do some reformating of questions to separate out the part-time data and independent contractor data from the full-time paralegal data to allow for correlations in those separate areas. Most of the paralegals work in organizations with five paralegals or fewer, and the next highest percentage (20%) work in organizations with 6-10 paralegals. Only three of our respondents work in organizations with more than 50 paralegals. The majority of paralegals work in small organizations with five or fewer attorneys. The next largest group (20%) work in organizations with 6-10 attorneys. It is interesting to note the next highest percentage in this category is a leap in the size of firms from 6-10 to 80+ attorneys where 13% of the paralegals work. Most of the respondents have worked in their current employment between 1-3 years and the next largest group is 4-6 years. We have one hardy paralegal who has worked for the same employer for 31+ years!! Kudos to them and their employer. There doesn't appear to be a correlation we can draw between years as a paralegal and years with a particular employer. We have approximately the same number of paralegals between 1-5 years as we do at 16+ years. Those us in the middle (about 45% of the respondents) have worked between 6-15 years. The experience of the paralegals in Utah is very impressive. It was interesting to note that the largest percentage of those who responded to the question regarding education had at least a Bachelor's degree or Associates degree. (See Graphic identified as Question #15.) Although not all respondents had a paralegal degree, the majority of our respondents had either a paralegal degree or a paralegal certificate. Salary information is varied and due to the input of part-time and free-lance paralegals and the numbers of non-responses, we are unable to draw a correlation between the various areas of employment. We will be able to do that more fully after our next survey where we separate out those various categories. The Executive Summary provides the responses of those who responded to the salary/raise/bonus questions. It was interesting to note of those who responded to the survey, the majority did receive a bonus last year. (See Graphic identified as Question #24.) Though most of the respondents identified themselves as exempt, it is likely that due to the Department of Labor changes last year, this number will change significantly by the next survey. Almost half of the respondents are compensated financially for overtime work, but about a quarter of them are compensated with time off. Most of the respondents work less than 10 hours in overtime per week, but the next largest group work between 10-20 hours of overtime per week. Many organizations support membership in a variety of activities and almost half have membership in the Paralegal Division of the Utah State Bar. We need to work to increase our numbers in that area and will be looking to the members of the Utah State Bar to encourage their paralegals to become members of the Paralegal Division. Benefits and compensation packages also vary but the majority of the respondents receive paid vacation, sick leave, 401k plans and a variety of medical coverages. The number of vacation days is largely based on length of time with employer. The largest number of respondents received 7-10+ paid holidays. (See Graphic identified as Question #31.) Our questions on paralegals who bill their time and related questions had as many non-responses as responses to some of the questions. That tells us that a large segment of the persons answering these questions do not bill their time and we need to separate this category of questions so it is responded to only by persons who bill their time, which will allow us to draw correlations regarding how that time is billed. The survey results also provide information on areas of interest for CLE to allow the organizations to provide support to their members. (See Graphic identified as Question #45.) Please feel free to call our CLE Chair and suggest topics for CLE brown bags Ð or even more effective, call and volunteer yourself Ð paralegal or attorney Ð to present at a CLE! You can contact either of the Continuing Legal Education Co-Chairs to make requests or volunteer to make a presentation. Contact Sanda R. Flint, CP, Director-at-Large, Continuing Legal Education Co-Chair at sflint@strongandhanni.com or Sharon Andersen, Director-at-Large, Continuing Legal Education Co-Chair at Sharon.andersen@slcgov.com. Though we were not able to draw as much correlative data from the survey responses as we had anticipated, we have identified how challenging developing a utilization/ salary data base can be. We are attempting to correct the format of the questions and the division of categories to allow for future correlations and will build on the results from this survey to chart the growth, changes and trends in the paralegal field in the future. We believe that over the next several years we will be able to compile a data base of information that will allow the paralegals in Utah, as well as their attorneys, to be able to establish a competitive and fair compensation package based on experience, education and client base information. If you become aware of future surveys through the Bar Journal or e-mail announcements through the Utah State Bar, the Paralegal Division or LAAU, please tell other paralegals you know about the survey and ask them to participate. The data we compile will only be as good as the participation of the paralegals in Utah make it. The Paralegal Division Board is always available to answer questions or provide assistance regarding the utilization of paralegals. The current Utilization Chair of the Paralegal Division is Meg Chesley. Meg can be contacted at : mchesley@pblu.com.