Embed Size (px)
Citation preview
CWAG Alliance Partnership
Administrative Support Seminar
Monday July 21, 2014
Presented by:
Linda Brughelli
Lynette Vann
Administrative and Legal Support Services
Linda Brughelli
• Statewide Law Office Administrator (Retired), California Office of the Attorney General
• Consultant, National Association of Attorneys General and Conference of Western Attorneys General
• Author, www.greenworksgov.org/
CWAG U.S. – Mexico Alliance Partnership
Cooperative program involving CWAG, NAAG, INL and USAID aimed at strengthening legal systems of U.S. and Mexico and focusing on common issues and interests such as money laundering, drug and human trafficking.
Cultivation of expanded relationships led to bi-national efforts; e.g. New Mexico enacted legislation aimed at criminalizing human trafficking.
Pilot project initiated in 2012 focusing on administrative, legal support and litigation support services in the Baja, Mexico Attorney General’s Office (AGO).
− AGO responded to a written interview questionnaire.
− Customized written report providing an overview of the best practices of contemporary law office administration and litigation support delivered to the Attorney General.
Why a Legal Office Administrator?
When lawyers spend time on administrative issues and day-to-day details of operations, the law office is losing the value of their knowledge, training, and time to practice law.
Law offices are most efficient and successful when each person contributes in ways that best utilize their skills and abilities.
Successful legal administrators create processes and procedures that are needed for the office to operate at peak efficiency—and its highest level of productivity.
They bring professional management techniques to the professional practice of law.
Legal Office Administrators are Industry Standard for U.S. Law Firms
All 150 of the top law firms (with offices in the U.S. and many also with offices around the globe) employ legal office administrators (LOA).
Many firms, corporate law departments, non-governmental entities, and large public law offices have LOAs to oversee legal support, paralegal services, legal research, even legal Information Technology services, e.g. desktop services and litigation support.
California uses a model similar to private sector. The LOA directs and manages, through subordinate supervisors, all legal support resources and services. Also responsible for provision of equipment, furnishings, supplies, mail, court runs, reception, etc. needed to operate the office.
How the Lawyers Benefit
Lawyers are freed of administrative concerns, staff supervisory duties, yet they functionally direct their secretarial staff.
Lawyers’ time is increased to practice law
Executive legal management can focus on cases and legal matters and higher level activities
The LOA anticipates office and lawyer needs thereby facilitating the acquisition of enhancements to service delivery and quality.
Options to Improve Administrative Support Operations
Three alternatives, each a significant step toward establishing a more efficient organization:
1. Committee structure
2. Modified legal administrator for business services and coordination
3. Legal office administrator with full authority and responsibility to directly manage support personnel and business functions
Options can be implemented as stages over time or independent solutions
Option # 1 Office Management Committee
Standing committee of lawyers, paralegals, secretaries and administrative service units to identify needs, collaborate on solutions, improve efficiencies.
Features of Option #1
Facilitates consolidation of varying policies and procedures into unified and uniform “one office” approach.
Opportunities to share resources, strengthen communications, improve training, and build consistency in office operations.
Offers potential to eliminate duplication, achieve economies in resources through streamlined processing of work and conduct of business.
No substantive change in divisions’ organization or authority.
Option #2 Modified Legal Administrator
Establish a position to oversee and manage the business service functions for the legal units: mail, messenger, courier, public reception, document services and reproduction, docketing, records management and central files, supplies, and external contracts for service providers.
Features of Option#2
Important to clearly define range of duties. In addition to above, position could also be assigned other responsibilities relative to support staff.
Can assist with gathering and analysis of data to justify resources and determine where needed.
Individuals who act in this capacity are expected to be knowledgeable about principles and practices of law office administration, industry trends and best practices.
Promotes the concept of “one office”.
Option # 3 Legal Office Administrator (LOA)
Establish a position to directly administer all support services and support resources in the legal office.
In addition to Option #2 duties, the administrator is the direct report of subordinate supervisors, and all secretarial staff working for lawyers and legal programs. Reports to chief legal officer or chief operations officer.
Features of Option #3
Funding is reallocated from divisions to LOA.
Enables equitable distribution of staff, equipment, services based on workload and logistical need.
Lawyers retain functional direction of support staff assigned to legal units.
Frees up lawyers from administrative concerns to focus full attention on practice of law.
Provides strong focus on legal units’ support needs, improved efficiencies, and promotes higher quality performance and staff development.
Attracts highly qualified professionals from private sector or from inside the organization.
The California Model
Option #3 is the California model in use since 1970’s.
Legal chiefs sought to disengage from time spent on administrative support issues and sought consistency in services and processes across state office locations.
LOA oversees individual office managers, who in turn direct subordinate supervisors assigned to hire and assign support staff.
Attorney to secretary ratio averages 4:1.
LOA oversight includes all operational support services. Department administrative units provide budget, accounting, human resources services to legal programs.
Option #3 Base Employees
All support personnel are civil service employees. LOA may also be civil service or serve at the pleasure of appointing power.
Support staff attain civil service eligibility by open examination, a process of written application for specific classifications and oral interview which results in ranked lists of qualified candidates.
Promotion to higher levels of classifications, e.g. paralegal, supervisory, by open examination or department promotional examination.
Benefits of Civil Service – Agency Perspective
Trained, experienced workforce
Continuity of services
Maintains productivity
Knowledge base
Saves money in recruitment
Competitive hiring based on merit principles fosters “best qualified” workforce and neutral culture focused on administrative effectiveness and efficiency in operations
Job security and benefits of public service attract candidates and help retain employees
Benefits of Civil Service— Employee Perspective
Public service offers the opportunity to further the public good and “make a difference”
Personal satisfaction from work that benefits the state and society
Work is challenging, interesting, impactful
Collegiality among career employees sharing common purpose
Work/Life balance
Job protections/security
Salary and benefits
Resources
Conference of Western Attorneys General (CWAG) Alliance Partnership Backgrounder: http://www.cwagweb.org/AP/index.html
The Association of Legal Administrators (ALA): www.alanet.org
ALA Sample duty statement of an LOA: http://www.alanet.org/careers/samplejob.aspx
California civil service examination information for job seekers: http://www.jobs.ca.gov/
“Five Myths on Professional Service Career in Mexico”, Rafael Martinez Puon, Convergencia
“Constructing, Deconstructing, and Reconstructing Career Civil Service Systems in Latin America”, Merilee Grindle, Harvard Kennedy School
Litigation Support
Lynette Vann
• Manager, (former) California Office of the Attorney General
• Consultant, National Association of Attorneys General and
Conference of Western Attorneys General
• Adjunct Faculty (Legal Studies), Fullerton College
What is Litigation Support?
The “Four Pillars”
− Knowledge Management
− Document Management
− E-Discovery
− Trial Presentation
Knowledge Management
Identify, capture and leverage the internal knowledge of individuals.
Collect information from various external sources.
Organize that knowledge and information in a way that benefits an organization.
Knowledge Management
Implementing a knowledge management system can give law offices access to:
− Renewable
− Reusable
− Cumulative Knowledge Assets.
Law offices have practiced knowledge management in various forms for years.
− Past Pleadings
− Settlement Documents
− General Work Product
Especially useful for government law offices because it contributes to consistent implementation of policy and avoids general risks of handling cases inconsistently.
Knowledge Management
Case Analysis
− Facts
− Issues
− Cast of Characters
Internal Knowledge
− Maintain office-wide knowledge management systems that provide access to trial level documents, briefs, mediators and expert witnesses in a searchable format.
Examples
− Brief Banks
− Expert Database
− Mediator Database
Create a Fact Chronology
Document Management
Organization-wide: Keep track of documents generated internally for easy access, editing, and collaboration.
Litigation-specific: Manage documents garnered through the investigation and discovery phases for quicker and more accurate access, and responsiveness during litigation.
Making the Case:
− Increase Efficiency
− Better Standardization
− Access Control
− Mitigate Potential for Human Error
Document Management
Investigation
Early Case Assessment
Discovery
− Production
− Review
− Privilege Logs
− Administrative Records
− Transcript Management
Internal Documents
Quick Index of Records
Document Record
View the Image of the Document
E-Discovery Formal definition: “any process in which
electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case ... where data of all types can serve as evidence.”
Fastest developing areas of law in U.S. with a rapidly growing body of case law and frequent new developments.
Education − Federal and State Rules − Tools − Trends
Early Case Assessment − Risk/Benefit Analysis − Process
The Four Pillars of Litigation Support
Lynette Vann
EDRM
Trial Presentation
Involves strategies on how to best present evidence before either a judge or jury.
Key to Good Trial Presentation Solutions:
− Understand What to Present
− Know the Audience
− Anticipate your Opposition
− Organization
Trial Presentation
Resources
− People
− Equipment
− Tech Savvy/Comfort Level
Avoid Surprises: Plan & Prepare
− Communicate with Court
− Start Early
− Training
A Picture is Worth 1,000 Words … Really
Timelines
8491
1031
16
113125
132
137145157
163
1792
002
142
32
254
0
50
100
150
200
250
300
7/2
5/2
002
8/2
5/2
002
9/2
5/2
002
10
/25
/200
211
/25
/200
212
/25
/200
21/2
5/2
003
2/2
5/2
003
3/2
5/2
003
4/2
5/2
003
5/2
5/2
003
6/2
5/2
003
7/2
5/2
003
8/2
5/2
003
9/2
5/2
003
10
/25
/200
3
Weight
Challenges
Training – Keeping up with industry trends and maintaining optimum level of expertise.
−Budget concerns
−Available resources
Recruitment and Retention – Salary levels and Civil Service Classifications.
Maintaining priority-level support from executive management.
Solutions
Create specialized and dedicated civil service classifications to recruit best and brightest.
Collaborate with leaders in academia and private sector.
Cultivate leadership opportunities to continue momentum and sustain excellence.
Develop standardized best practices to ensure continuity and excellence.
Develop succession planning strategies and goals to address retirement and vacancies.
Muchas Gracias!
