Paralegal Advanced Competency Exam Study Manual

NFPA

• Publisher: National Federation of Paralegal Associations
• Year: 2019
• ISBN:
  9780578853604
• Edition: 7
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

This study manual aids candidates in preparing to take the Paralegal Advanced Competency Exam (PACE®).

This is the required textbook for thePACE® review courses offered by theAdvanced Paralegal Institute (API) and the Paralegal Education Group (PEG).

PACE® is one of two certification programs offered by theNational Federation of Paralegal Associations, Inc. (NFPA).

30.00 LEGAL RESEARCH AND WRITING

30.01Communicate with the client, counsel and other individuals or entities by using appropriate means to relay or request information, or respond.

Basic communication skills are invaluable to any paralegal. When you think about it, all legal professionals either request or provide information each time they speak or write. Legal arguments, ideas, instructions and questions, whether oral or written, must be understood to be effective. Follow a philosophy somewhat akin to Murphy’s Law: what can be misunderstood will be misunderstood. Because much of what a paralegal does is to obtain or request information, it is critical to be easily understood, leaving no room for misinterpretation.

Almost 300 years ago, British author and politician Joseph Addison said:

If the minds of men were laid open, we should see but little difference between that of the wise man and that of the fool. The difference is that the first knows how to pick and cull his thoughts for conversation... whereas the other lets them all fly out, indifferently, in words.

We are judged, however fairly or unfairly, by what we say and write, and how well we do it.

Research has shown that, in face-to-face communications, the voice carries 38% of that communication, the body carries 55% and the words carry 7%. To make your communication with others effective, your voice, body and words should convey confidence in what you are saying and how you say it. Although your words may sound as if you are calm and self-confident, your foot beating a rhythm on the floor indicates something altogether different. When speaking, consider your inflection, tone, facial expression, gestures and words; take into account the total impression you make.

Listening is a valuable communication skill. Regardless of whether you are listening to a client or to your supervising attorney as he/she gives you an assignment, it is critical that you be able to understand and translate what is said. To listen with understanding, you must envision the speaker’s expressed idea from his/her viewpoint, sense how it feels to that person and use his/her frame of reference about the discussed topic.

Practice good listening techniques. If we do not clearly understand what is being said, we often do one of two things: 1) if we are interested in what the person has to say, we listen more closely to catch the meaning of what is said; or 2) if we become bored or distracted, our attention on the speaker wanders until we have no idea what the other person has actually said.

Here are suggestions for improving your listening techniques:

1.Pay attention to the answer given after you ask a question. Instead of listening to a response to our own question, we often concentrate on what we intend to say in response to the expected answer or think instead about our next question. Or, we may allow ourselves to drift into thinking about unrelated things, such as plans for after work or the weekend.

2.Maintain eye contact with the speaker to avoid allowing yourself to be distracted or allowing your thoughts to wander.

3.Avoid the tendency to anticipate or jump to conclusions about what is said before the speaker has finished. Instead, listen closely even if you think you know what the other person is going to say.

4.Sometimes people are so eager to show their enthusiasm or interest that they offer unsolicited solutions and suggestions without realizing that the speaker would prefer that they listen rather than give advice. That is not to say solutions or suggestions are never appropriate; of course they are. But first, be sure that you fully understand what you have been told before you offer any advice or suggestions.

5.It is nearly impossible to concentrate fully on someone’s words while doing something else at the same time. You may take in the gist of what is said, but will probably miss the details. Stop what you are doing and give the speaker your full attention.

In all communications with clients and others, always use good manners and courtesy. Keep your temper under control too. Your behavior -- good or bad -- reflects not only upon you and your firm, but upon your client as well.

Sooner or later, everyone says the wrong thing. If you have blundered badly, simply say “I’m sorry” and move on to another topic. If you have only flirted with danger, however, veer away as fast as you can. Do not make a scene by making profuse apologies or by becoming flustered. Staying poised will help others do the same. If it is the other person who has blundered, help him/her out. Change the topic to a safer subject and then move on as if nothing had happened.

Facilitating Client Communication

One of the most important functions a paralegal can have is to facilitate communication between the attorney and client. Communication can quickly break down, however, when a client’s telephone calls or e-mails are not returned within a reasonable amount of time. Clients, as well as others, become quickly irritated when someone repeatedly fails to respond.

A hectic and demanding schedule is no excuse for failing to return someone’s telephone call or answering an e-mail. Have you ever tried to reach someone by telephone repeatedly, only to have them answer several days later and say, “I’ve been so busy, I just couldn’t return your call?” Did you feel any irritation when you heard that response? If so, you can easily imagine how a client might react. If you cannot return a telephone call or e-mail or make any other contact on the same day it was received, apologize for the delay. The person on the other end will appreciate your consideration and professionalism.

Communication Using Management Skills

Most paralegals are not taught the basic management skills that are one of the most important forms of communication in any office. Many paralegals find it difficult either to give instructions, receive criticism or both. These are skills that can, and must, be acquired to achieve your greatest level of effectiveness and professionalism.

Sometimes you may feel that you have not received thorough instructions for an assignment or have not been adequately told what is expected by the supervising attorney. At times, instructions or guidelines are haphazardly given or overlooked because of a busy work environment. Attorneys sometimes neglect details that they assume a paralegal either knows or can figure out. Regardless of the reasons, this type of environment often leads to poor quality work and frustration for the lawyer and paralegal.

Remember that all communication between two or more persons is subject to each person’s individual interpretation. It is impossible to control how others present information to us. We should work on our own listening and speaking skills to improve communication.

Listen carefully when instructions or assignments are given. Whenever possible, take notes, but only if you can do so without missing what is said. Do not interrupt with questions until after the speaker has finished. Then, paraphrase your understanding of the assignment by repeating the instructions in your own words while referring to your notes, if any. The supervising attorney can then quickly determine whether you have misunderstood the instructions and make whatever corrections or explanations are necessary.

Once the attorney has given complete instructions for the assignment, think before you speak or ask questions. Take a minute, and think about the assignment. Do you fully understand everything the assignment entails? Do you know where to find the files you will need? Are there unanswered questions left hanging as to whom to contact or how to obtain certain information? Do not try to second-guess the attorney’s meaning or intentions. If you are not sure, it is better to ask for clarification than to guess.

Each of us wants to be regarded as a competent professional who can be trusted to complete any task efficiently and without mistakes. Perhaps we are afraid that, by admitting we don’t know how to do something, our superiors or peers will think less of us. Those who have trouble saying, “I don’t know,” are often more afraid of putting their qualifications in doubt than of the embarrassment of failure.

There is no such thing as a stupid question. It is always better to admit you do not know how to do something than to flounder around trying to figure it out. At best, you will produce substandard work and, at worst, something unusable.

Even constructive criticism can be difficult to accept. Good management problem-solving requires that, when problems occur, they be fixed in two ways. First, deal with the current situation or problem, overcome it and go forward. Second, go back and find the cause of the problem and eliminate it. Constructive criticism should never be given or taken as a personal issue. Constructive criticism is not a personal insult; it is a problem-solving tool to keep a problem from resurfacing in the future.

Workload Management

Some attorneys, regardless of their legal knowledge and skill, are poor people managers. Often, their instructions will be vague or incomplete and they may blame your poor performance on your lack of skill rather than their lack of clear communication.

If a supervising attorney refuses to give you the instruction you need, request help from another paralegal or attorney who specializes in that area or is familiar with the case. In either event, you will have made your best effort to complete the assignment as accurately as possible and will have gained new experience in the process.

Many people find it extremely difficult to say “no” to any assignment even though their workload is already overwhelming. Yet, it may be impossible to accept an assignment from a senior partner and keep the commitments you have already made to other attorneys in the office.

Here is an example of what can happen when work assignment priorities become an issue: On Monday, you accepted an assignment from one of the firm’s young associates to summarize fifteen depositions before the end of next week. On Wednesday, the senior partner asks you to monitor a trial that is related to a case in your office and take notes. The trial should last until the end of the following week. What can you do?

Take yourself out of the middle of this dilemma and ask the attorneys who gave you the assignment to decide whose work should come first. No support person should be placed in the position of deciding whose work takes precedence over another’s.

Whenever you are working on one assignment and are approached to do another, ask: “What is the deadline?” It may be that there is no conflict in getting both assignments done on time. If it appears, however, that meeting the deadline for one assignment will interfere with the other, let the second attorney know about your prior assignment. Tell the second attorney that you would like to take on the assignment, but make it clear that you have already committed yourself to others and say what those deadlines are. Discuss the new assignment’s deadline and how that will affect the other assignments you already have. If there is a conflict, the attorneys -- not you -- should decide whose assignment has priority and set the deadlines for both the new and old assignments. Or, if you are unable to take on the new assignment, tell the second attorney that, because of other commitmen...

Table of contents

• Cover
• Title Page
• Copyright Page
• Contents
• Contributors
• Introduction to PACE®
• 10.00 – Execution of Client Legal Matters
• 20.00 – Development of Client Legal Matters
• 30.00 – Legal Research and Writing
• 40.00 – Office Administration
• 50.00 – Bankruptcy
• 60.00 – Business Law
• 70.00 – Agreements and Contracts
• 80.00 – Ethics
• 90.00 – Family Law
• 100.00 – Intellectual Property
• 110.00 – Probate
• 120.00 – Technology in the Law
• Bibliography for Further Research and Study
• Glossary
• Appendices