areas of law · career · paralegal · paralegal education · statutes · Student

A Fun way to Remember the Primary and Secondary source concept in Law

PrimaryPostThe other day my fiance and I were discussing what we preferred to drink at restaurants when we were little kids.   He told me that he hated when his mom made him order water.  He wanted something sweet, something with a little flavor to go with his kiddie meal.

My sentiment was a little different, as a kiddo sometimes I wanted water, and sometimes I wanted lemonade or soda.  My value was more so the ability to choose. I wasn’t anti-water.

Okay Denia, what does any of this have to do with primary and secondary sources in law?

I’m glad you asked.

Today I want to introduce the concept of primary and secondary sources by asking you to think about water and kool-aid. Oh yeah!

PRIMARY SOURCES= WATER

SECONDARY SOURCES=KOOL-AID

Got it? Cool.

So, let’s think about the relationship between water and kool-aid first.

WATER= clean, pure, life-giving. Translation: In law, primary sources are the STATUTES, STATE CONSTITUTIONS, and any other applicable enacted law. A Legal source simply can’t get any purer than this.

Now, let’s take the Kool-Aid

KOOL-AID= part water, part sugar, part some other junk we probably don’t really need in our system. Translation: In law, secondary sources aren’t as pure. These often opinionated sources may include dictionaries, law review articles, etc.

So let’s review:

PRIMARY SOURCE(WATER) is the constitutional and statutory governing law. It’s pure authority and always upheld.

SECONDARY SOURCE(KOOL-AID) is more so involving sources that may be applicable, but typically the information has been meddled with by an additional party.

I think I’m in the mood for some kool-aid right now. How about you?

Until next time!

-DENIA PARALEGAL

 

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BLAWGS · career · law · law firms · legal · Legal assistant · paralegal · Student

What can Paralegals do?

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So, I’m two weeks into my Paralegal program in Denver. Hooray! Here are some of the key things that the paralegal does(especially if she wants to avoid UPL!):

 

  • Interview Clients
  • Work under attorney supervision
  • Draft pleadings and other documents
  • Legal Research
  • Research Public Records and Social Media Records
  • Customer Service
  • Communicate with judge, opposing counsel, client docs, expert witnesses.
  • Trial Preparation
  • Trial notebooks, Interviewing witnesses
  • Prepare docs: contracts, wills, leases, deeds, docs
  • Manage office documents
  • Scheduling, filing, maintaining records and accounts

In pink, I’ve highlighted the things I’m super excited about doing. I’m nosy so naturally I love digging for information.

Did I miss anything? What else do paralegals do? Hit me up in the comments!

-DENIA PARALEGAL

areas of law · Awesome Lawyers · BLAWGS · career · family law · law · Legal humor · Legal Websites · paralegal · Student

Legal, Celebrity, and Gossip, Oh My!

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I have a dream that one day I’ll write a really fun textbook.

I don’t know where we got the idea that learning new things has to be drudgery by default.

As a paralegal student I’ve been buried under personality-less textbooks as of late. One night I got this weird idea. I decided to merge my childhood obsession with celebrity and fashion with my desire to become more informed about the legal field.

So…I did a quick search and came across Jill Stanley’s blog: Proof.

O.M.G. what a Godsend! I like to read the court docs to challenge myself. It took me like 3 days to get through Mayweather’s case because it’s so damn long, but boy is it fun to read about the inner workings of celebrities and the law. I mean, if that’s your thing.

Other fun-to-read legal blogs:

**Above the Law

**The Fashion Law

**Lowering The Bar

 

 

career · family law · law · law firms · Legal assistant · paralegal

The Legal Client-Intake Interview: What vibe are you creating?

She laughed. Her eyes were glowing.  And although I could sense the pain beneath the surface, I could feel her hope and it fueled me. It reminded me of my job as a legal assistant.

I’m talking about one of the clients I got the privilege to meet last week on my first day as a legal intern.  I definitely did not know how the client-intake interview would unfold, but if I could do it again, there are somethings I would focus on.

This post will highlight a few of these things.

First of all, as a person working in a service industry (yes, the law is service), you should be able to explain how you want the client to feel. 

Law is largely about advocacy. So typically, legal clients are in need of support.

Often your client will walk in feeling the way the young woman below looks:

deniaparalegalargument

 

…and  you know the end game may be that you come up with something that looks like this:

contract

Yes. The paper trail. The pleadings, motions, and countless other documents that you have to deal with create enthusiastically as a legal advocate. However–is this all your client needs right now? Really?

Do you think the girl in the picture above really wants a sheet of stack of papers you’ve cooked up? Is this really all she needs when she walks through your door?

Sure, on some level. Namely the surface one.

But on a deeper level, she needs your understanding and compassion right now. Screw your documents.

So how does this come back to creating a vibe? Simple. Instead of immediately focusing on extracting information from your client, focus on meeting their immediate needs through your environment first.

When it comes to determining the vibe you want to create for your client, you must see your client as yourself, as human. In this way, you seek out ways to give the client what he needs on a deeper level. This makes all of the legal talk a lot easier later.

Here are a few of the adjectives I came up with as far as what I believe a client may need to feel on any given day: 

Comfortable and Safe

Understood

Special

Important

Connected

Supported

Heard

Let’s say you agree with me on the above list. If these terms describe how we want the client to feel…how can we tangibly create this through the environment? The great thing about this is that there are no finite solutions. You know your clients, so you can modify this list to suit them.

Here are a few ideas:

  1. Provide beverages/snacks and offer them right at the start of the interview.-I don’t know about you, but I absolutely love being offered food and drinks. Even if I don’t want it, feels great to know it’s there. Nails salons across America get this. 😉
  2. Nod from time to time. Validate. Clients need this.– I don’t know many people who feel heard when the person he is confiding in has a blank expression.  There is no need to be overtly emotional, but let’s try to be more human and less robot.
  3. Express condolences when appropriate.- Empathize with the situation the client is in.  This helps to establish trust and your client will feel safe with you.  Safety is needed for your client to share her story.
  4. Maintain neutral expression.– I know this seems contradictory to the aforementioned piece of advice, but you need to balance your reactions.  What I mean by this is too much expression of consolation will make you(and inevitably, the client) feel more apt to dive into the client’s problem instead of being more focused on the solutions.
  5. Use the client’s name. EVERYONE loves to hear their name, especially when it is pronounced correctly.  Shoot, I even like just seeing my name on a Starbucks cup. My name is Denia. (Sidenote: My first orthodontist wrote my name as “Duh-Knee-Ah” on my folder to help him remember how to say it. This was brilliant. Thanks to this, he was also my last orthodontist.)  Believe it or not I am highly experienced in the arena of people mucking up my name. But guess what? I still like the fact that the person tried to say it.  Experiment with saying your client’s name more often and see if you notice a difference.
  6. Have toys available in case children are in attendance. This may vary depending on your clientele, so you can analyze and see if this would be worth it.  In family law cases, there will more than likely be instances in which small children will be in attendance.  Anticipate their presence and help them feel welcome with stuffed animals and toys.
  7. Place a box of tissue on the table in case the client is sick, or if things get heavy. Contrary to our patriarchal society’s beliefs, crying is healthy. Readily available tissue may assist your client in being comfortable letting her more charged emotions fly out when they need to. More than likely he will have to recount situations that don’t bring out the brightest of emotions, and it is your job to support the client in getting this information out of their mind and into your client intake data sheet.

So there you have it. A lowly intern’s take on ways to inspire a vibe your client needs during the intake process. How do you help clients feel welcomed? Leave a comment below!

-Denia

 

areas of law · Astrology · career · law · paralegal

Law and the Zodiac: What’s your ‘Paralegal’ Sign?

LegalAstrology1.jpegIn my journey towards a paralegal career, I’ve really been enjoying reading up on the different areas of law.

To that end, I’m also a bit of a self-help and astrology junkie. So naturally, I felt compelled to create a list of what areas of law might interest the different signs according to the Zodiac!

Disclaimer: This list is MERELY for kicks and giggles. Please don't take it too seriously. 

 

The Aries Paralegal- Personal Injury

Aries is fast and initiating.  If you just destroyed your car in an accident, get an Aries paralegal on it ASAP. He’s used to accidents. 

The Taurus Paralegal- Real Estate Law

Taurus knows about all things earthly. Naturally, she’d know how to recognize a sweet piece property and compose an even sweeter agreement for it.

The Gemini Paralegal- Intellectual Property

Gemini is communicative and loves change.  What’s changing faster than technology and the rapid pace at which we’re churning out e-books and such ideas today?

The Cancer Paralegal- Family Law

Cancers are all about the feels and family.  He would want to be sure that all is in fact fair in love, war, and familial disputes.

The Leo Paralegal-Entertainment Law

This sign is fixed fire, which means Leo is consistently passionate. She will be ready for the celebrity drama.  

The Virgo Paralegal-Administrative Law

This sign is earthy and changeable. which means Virgo is adaptable yet stable.  This is an awesome combo for adapting to the legal evolution. 

The Libra Paralegal-Contract Law

 Libra is a communicative, diplomatic initiator.  He would compose equitable contracts. 

The Scorpio Paralegal-Criminal Law

Scorpios love digging into the proverbial muck of existence. Scorpio isn’t afraid of the darkness. He will dive into the dark and come out on top. 

The Sagittarius Paralegal-International Law

Sagittarius is passionate and loves travel and change. She will enjoy engaging with international affairs. 

The Capricorn Paralegal-Business Law

Capricorn has common-sense and loves to initiate.  She has what it takes to get down to business. 

Side note: I am a Capricorn rising, which means the first impression I give off the vibe of all work and no play. This person is 90 percent business, and 10 percent pleasure. Generally.

The Aquarius Paralegal-Intellectual Property Law

Aquarius is consistently communicative. She knows how to help folks get those personal ideas floating. 

The Pisces Paralegal- Health and Safety Law

Pisces can be empathetic, caring, and adaptable. One can count on Pisces to ensure equity in safety and health. 

areas of law · career · law · Legal assistant · Legal humor · paralegal

If Beyoncé were a legal assistant…

Whenever life gets too mundane…you make stuff up. Right? No? 

Well, it’s what I do. 

Here is my latest probing: 

What if Beyoncé was a legal assistant? What are some things that would definitely be true if this happened? 

Below you’ll see what I came up with. Fasten your seatbelt. 


Her…

  • Typing speed would be on fleek due to long practice hours and her typing coach. (1000 WPM minimum, easily)
  •  Desk mini-fan would come in handy in case the firm wins a case and wants to celebrate with a little wind-in-hair.
  • Opposing counsel would consistently be forced to bow down.
  • Firm would love her enough to allow her to rock cheetah print on casual Friday.
  • Blonde hair would become a trend or a taboo in the legal industry. Not sure which. 
  • Daughter’s name would be Blue Book Carter.

I guess I better get to work on my typing speed! 

xo,

Denia 

areas of law · career · law · paralegal

The Paralegal: The Big Help.

DeniaParalegalHelp.jpg

We all know the value of good help. In both business and personal, quality assistance can go a long way.

By definition, a paralegal is a paraprofessional who helps attorneys with their legal work.  Attorneys need serious help!  Those who practice the law don’t have time to deal with folks who don’t want to get their hands dirty(literally or figuratively).

This post will highlight three main qualities of great assistants.  It’s as easy as A-B-C!

A. In the Know

A great assistant is educated. In order to assist, you must first understand. Although it is not necessary for a paralegal to undergo formal education in order to work for an attorney, it is imperative that she understands what it really takes to run a law firm, how to create documents for the courts in a timely fashion, how to support clients, and how to organize all of these things in a way that makes sense. Without the background knowledge, the assistant can not be of benefit.

B. Self-Starters

Great helpers don’t wait to be asked. A helper helps because it is essentially who she is.  This translates beautifully into the workplace because the work environment is about unity.  Everyone who shows up to work should have the same goal: fulfill the needs of the client.  If we know this is the goal, then what the hell heck are you waiting for? Hop to it!

 

C. Innovators

Great assistants must also be willing to innovate from time to time.  Innovation has to do with coming up with new and interesting ideas.  In an industry as rigid as the law, innovation is invaluable.  An innovator could be that person who comes in with a great idea about how to market to potential clients, or who develops a  new way to conduct client interviews.  As fast as technology and our world is moving today, it is becoming more imperative to have innovative thinkers around in order to reach success.

So the next time you go out in the world to be of assistance as a paralegal or otherwise, make sure you know what you’re doing, no one is begging you for your help, and that you’re not afraid to get a little creative!