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Blomquist: In Praise of the Paralegal

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blomquist-kerryWhen I first began practicing law, I was truly that: “practicing.” Day by day, week by week, I gained my footing and began slowly to understand how the practice of law truly differed from the study of law. And of course it does. I had always been a strong student, and my previous professional foray had been a successful one, but that challenge was nothing like the challenge of first practicing law for me.

Truth be told, and this will severely date me, but I felt like Captain Wilton Parmenter in the 1960s TV show F-Troop. Remember him? He was played by Ken Berry, and as the commander of “Fort Courage,” he was repeatedly decorated despite, not because of, his actions. This is the guy who won the Medal of Freedom when his allergic reaction accidentally set off a successful command to charge and who was (fictitiously) the only person in history to get a medal for getting a medal when he received the Purple Heart for being pricked while getting another medal pinned to his chest. Yeah, that still makes me laugh.

I could go on all day about 1960s TV sitcom humor … but the point of all of this is to say that I was used to doing pretty well, and beginning the practice of law single handedly threw me off of my game.

And then came Nina. Nina was my first paralegal, who I adored. Nina was my lifeline to how the practice of law should be done. She was approachable, gracious and polite. She had patience for my questions when my colleagues often did not. I knew how to study the law, but Nina taught me how to practice it. And she wasn’t even a lawyer. If stranded on a desert island in 1991? I’d have wanted a good pair of Spanx and Nina.

So I have to say I was at the very least saddened if not a bit dismayed and downright annoyed when I learned that of all of the groups of folks that don’t like lawyers, apparently paralegals are rising to the top. A few years back, the IndyBar Professionalism Committee under the leadership of Judge Tim Baker formed a task force that came to this conclusion and that same committee in 2013 under the leadership of Brian Zoeller has been working to address why.

Why are we losing favor among our paralegals and more importantly what can we do to correct this? With the help of Professionalism Committee members Brian Zoeller and Kevin Morrissey, here are a few not so subtle suggestions they have received.

1. Take the time to communicate. When offering direction, explain fully what you want and give a timetable. Everyone’s time is precious and no one has enough of it—be respectful of that fact.

2. Young lawyers: don’t be afraid to ask a paralegal for advice. They truly do hold the key to your happiness so settle down, tap into that and BE GRATEFUL. If you are a young lawyer with an attitude, lose it, because if you burn your bridges early on, the price of timber goes way up.

3. If you recognize yourself in this, then please listen and contemplate. If not, stand down because I am probably not talking about you. We are not the star-bellied Sneetches we think we are. Paralegals are our colleagues and they are professionally trained to practice with us—not serve us. Think twice before sending your colleague out to pick up your cleaning, get you coffee or pick up a birthday present for your husband or wife.

These are the people who make our lives easier, our practices more profitable and our work less stressful and more successful. If they are not feeling our love, clearly we have a communication problem here. Let’s work on that.•

Want to learn more about how being a part of a better attorney/paralegal team can actually help you grow your business? Check out the “Professionalism is Good Business” CLE program (and earn an hour of Ethics credit) on Friday, Dec. 13 from noon to 1 p.m. Register online at indybar.org/events.
 

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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