Independent Paralegal's Handbook

by Warner, Ralph E.; Elias, Stephen; Elias Jermany, Catherine

• ISBN13: 9780873379427
• ISBN10: 087337942X
• Edition: 6th
• Format: Paperback
• Copyright: 2004-02-01
• Publisher: Nolo

Summary

It has become increasingly popular to turn to independent paralegals for help with routine legal paperwork, creating a healthy demand for their skills and know-how. The definitive guide on the subject for more than 10 years, this handbook provides crucial legal and business advice for all those considering a career in this growing field. It also features interviews with prominent independent paralegals.

Table of Contents

Introduction
1 The Historical Background
A. An American Tradition: "Every Man His Own Lawyer"	1/3	(1)
B. The Lawyers Take Over	1/10	(1)
C. The Modern Movement Away From Lawyers	1/15	(1)
2 The Law
A. Introduction to the Concept of Unauthorized Practice of Law (UPL)	2/3	(1)
B. Criminal Penalties for Unauthorized Practice	2/6	(1)
C. Civil Enforcement of Criminal UPS Statutes	2/10	(1)
D. Judicial Penalties for Unauthorized Practice-the Inherent Powers Doctrine	2/11	(1)
E. Enforcement of Unauthorized Practice Rules	2/17	(1)
F. A Review of Unauthorized Practice Litigation of the Past 30 Years	2/23	(1)
G. The Constitution and the Independent Paralegal	2/29	(1)
3 How to Do Your Job and Stay Out of Trouble
A. Tell the World You Are Not a Lawyer	3/2	(1)
B. Provide Your Customers Access to the Basic Legal Information Necessary to Make Their Own Decisions	3/10	(1)
C. Limit Yourself to Legal Form Preparation: Don't Give Legal Advice	3/18	(1)
D. Create a Good Questionnaire	3/22	(1)
4 Legal Areas Open to Independent Paralegals
A. Avoid Contested Cases	4/2	(1)
B. Type Legal Forms in High Demand	4/6	(1)
C. Legal Areas Open to Independent Paralegals	4/8	(1)
5 Naming Your Business
A. Avoid Buzz Words That May Antagonize Organized Lawyerdom	5/3	(1)
B. Choosing a Name That Emphasizes Self-Help Law	5/3	(1)
C. Using Descriptive Names	5/4	(1)
D. Combining a Unique and Descriptive Name	5/5	(1)
E. Using Your Own Name	5/5	(1)
F. Using "Paralegal" As Part of Your Name	5/6	(1)
G. Legal Protection Against Copiers	5/8	(1)
H. Summing Up: Names You Shouldn't Use	5/14	(1)
6 Establishing an Office
A. Should You Open a Home-Based Independent Paralegal Business?	6/2	(1)
B. Running an IP Business in a Commercial Space	6/8	(1)
C. Negotiating a Good Lease or Rental Agreement	6/10	(1)
D. Running a Small Business on the Internet	6/11	(1)
E. Good Information on Small Business Operations	6/13	(1)
7 How to Establish a Good Relationship With Lawyers, Mediators, and Judges
A. Working With Lawyers	7/2	(1)
B. How to Find Supportive Lawyers	7/4	(1)
C. Make a Lawyer Your "Partner"	7/9	(1)
D. Working With Mediators	7/11	(1)
E. Working With the Courts	7/12	(1)
8 How to Run a Quality Business
A. Planning	8/2	(1)
B. Market Research	8/3	(1)
C. Training	8/4	(1)
D. Avoid Unauthorized Practice of Law	8/7	(1)
E. Good Office Management	8/8	(1)
9 How Much to Charge
A. Establish How Much Money You and Your Business Need	9/2	(1)
B. Find Out What Competitors Charge	9/4	(1)
C. Estimate How Long It Will Take to Prepare the Forms	9/4	(1)
D. Draw Up a Price List	9/5	(1)
E. Fees for Preparing Bankruptcy Petitions	9/8	(1)
F. Get Cash Up Front	9/10	(1)
G. Establish a Money-Back Guarantee	9/11	(1)
10 Marketing Your Services
A. Marketing Methods and Objectives	10/4	(1)
B. Conventional Advertising Is Usually Not Cost-Effective	10/5	(1)
C. Understanding Advertising	10/7	(1)
D. Getting Recommendations and Referrals	10/11	(1)
E. Open Your Own Self-Help Law Store	10/19	(1)
F. Build a Website	10/20	(1)
G. Keep a Good Mailing List	10/20	(1)
H. List the Availability of Your Services	10/21	(1)
I. Prepare Factual Information About the Areas You Specialize In	10/23	(1)
J. Longer-Term Marketing Strategies	10/26	(1)
K. More Tools You Can Use: 50 Ways to Leave Your Competition Behind	10/27	(1)
L. Where to Get Marketing Training	10/37	(1)
M. Summing Up	10/37	(1)
11 Computers, the Internet, and the Independent Paralegal
A. Cost Is Not a Significant Barrier	11/2	(1)
B. Do I Buy a PC or a Mac?	11/2	(1)
C. Choosing Software	11/3	(1)
D. Create Text Files	11/4	(1)
E. Committing UPL by Computer	11/5	(1)
F. Living in the Internet Age	11/6	(1)
G. Will the Internet Make the IP Business Obsolete?	11/7	(1)
12 Customer Recourse
A. The Importance of Satisfying Unhappy Customers	12/2	(1)
B. The "No Ifs, Ands, or Buts" Recourse Policy	12/4	(1)
C. How to Deal With Predictable Customer Complaints	12/6	(1)
D. What to Do If You Make a Serious Mistake	12/7	(1)
E. Malpractice and Business Liability Insurance	12/8	(1)
13 Working for Volunteer, Community, or Social Change Organizations
A. Appearing in Court	13/4	(1)
B. Defending Yourself From Lawyer Attacks	13/5	(1)
C. Paying the Bills	13/7	(1)
14 Political Organizing for Change
A. Independent Paralegals in Arizona, California, and Florida	14/4	(1)
B. Paralegal Political Organizing	14/15	(3134802)
Appendix A Arizona Code of Conduct for LOPS
Lake County Self-Help Law Center, Inc., Marketing Strategy	A/2
Arizona Code of Conduct for Legal Document Preparers	A/5
Appendix B Interviews
Lois Isenberg Interview	B/3
Jon and Melvin Lebewitz Interview	B/9
Jolene Jacobs Interview	B/12
Ian Gardner Interview	B/28
Robert Mission Interview	B/31
Virginia Simons Interview	B/38
Glynda Dixon Interview	B/46
Rosemary Furman Interview	B/55
Robin Smith Interview	B/62
Rose Palmer Interview	B/70
Catherine Elias Jermany Interview	B/76
Index