Technology Tips FOR PARALEGALS · individual documents remain the property of the original authors...
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chair
Michelle Zare Zare Paralegal Services Professional Corporation
November 21, 2016
Technology Tips FOR PARALEGALS
*CLE16-0111100-a-puB*
DISCLAIMER: This work appears as part of The Law Society of Upper Canada’s initiatives in Continuing Professional Development (CPD). It provides information and various opinions to help legal professionals maintain and enhance their competence. It does not, however, represent or embody any official position of, or statement by, the Society, except where specifically indicated; nor does it attempt to set forth definitive practice standards or to provide legal advice. Precedents and other material contained herein should be used prudently, as nothing in the work relieves readers of their responsibility to assess the material in light of their own professional experience. No warranty is made with regards to this work. The Society can accept no responsibility for any errors or omissions, and expressly disclaims any such responsibility.
© 2016 All Rights Reserved
This compilation of collective works is copyrighted by The Law Society of Upper Canada. The individual documents remain the property of the original authors or their assignees.
The Law Society of Upper Canada 130 Queen Street West, Toronto, ON M5H 2N6Phone: 416-947-3315 or 1-800-668-7380 Ext. 3315Fax: 416-947-3991 E-mail: [email protected] www.lsuc.on.ca
Library and Archives Canada Cataloguing in Publication
Technology Tips for Paralegals
ISBN 978-1-77094-180-9 (Hardcopy)ISBN 978-1-77094-179-3 (PDF)
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Chair: Michelle Zare, Zare Paralegal Services
November 21, 2016
12:00 p.m. to 2:00 p.m. Total CPD Hours = 2 h Professionalism
Webcast Only
The Law Society of Upper Canada 130 Queen Street West
Toronto, ON
SKU CLE16-01111
Agenda
12:00 p.m. – 12:02 p.m. Welcome and Opening Remarks
Michelle Zare, Zare Paralegal Services 12:02 p.m. – 12:22 p.m. How to develop a plan and budget for your practice Janet Wigle-Vence, Wigle Vence Paralegal Services
Professional Corporation
TECHNOLOGY TIPS FOR PARALEGALS
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12:22 p.m. – 12:42 p.m. Complying with the Paralegal Rules of Professional Conduct
Phil Brown, Counsel, Professional Development and
Competence, Law Society of Upper Canada
12:42 p.m. – 12:52 p.m. Question and Answer 12:52 p.m. – 1:12 p.m. What tools should you be using?
Andrew Hyland, Horlick Levitt Di Lella LLP 1:12 p.m. – 1:32 p.m. Cyber-security Phil Brown, Counsel, Professional Development and
Competence, Law Society of Upper Canada 1:32 p.m. – 1:50 p.m. Social media
Michelle Zare, Zare Paralegal Services
1:50 p.m. – 2:00 p.m. Question and Answer 2:00 p.m. Program Ends
Faculty Biographical Information
November 21, 2016
Technology Tips for Paralegals
PhilBrownCounsel, Professional Development and Competence Law Society of Upper Canada 130 Queen Street West, Toronto, ON M5H 2N6
BackgroundPhil graduated from Dalhousie University with a B.Sc. (Hon) and an LLB. He was called to the Bar in Nova
Scotia in 1985 and Ontario in 1989. He also holds a post‐graduate certificate from Centennial College in
e‐commerce.
AreasofPracticeandExperiencePhil practised criminal law exclusively as a sole practitioner before joining Legal Aid Ontario as the
Coordinator of Lawyer Relations. He was responsible for marketing the Legal Aid Online billing project
which automated lawyer payments. The project had a 90% uptake by lawyers within the first 6 months.
He joined the Law Society of Upper Canada in 2008 as Counsel in the Professional Development and
Competence department and has been involved in CPD planning, accreditation, and certified specialist
certification. He participates in developing resources for solos and small firm lawyers and for the past
five years has worked on the Practice Management Helpline team assisting lawyers with issues related
to the Law Society By‐laws, Rules of Professional Conduct and professionalism questions. He is also
working on a series of technology podcasts with David Whelan.
ProfessionalActivitiesHe is currently a member of the Ontario Criminal Lawyers Association and is the Photo Editor of “For The
Defence” magazine.
He is a presenter at continuing professional development programs and has spoken at the American Bar
Association, Criminal Lawyers Association, Hamilton Law Association, Toronto Lawyers Association, and
Law Society programs. He has been a lecturer and instructor in the professional responsibility course
and the Professional Conduct and Practice in Ontario course.
Bio
Andrew Hyland is a paralegal licensed by the Law Society of Upper Canada, and has been practicing since 2011. From 2012 to 2015, he was a sole practitioner based in Oshawa, ON. Andrew practices primarily in the areas of residential tenancy law, condominium law, and civil and commercial litigation. He has appeared before a variety of courts and administrative tribunals, including the Landlord and Tenant Board, and the Small Claims Court, and the Ontario Court of Justice on matters under the Provincial Offences Act. In 2016, Andrew was appointed to the board of directors of the Ontario Paralegal Association, and is a contributor to Paralegal Scope Magazine.
Ms. Wigle‐Vence has been practicing as a paralegal since 2006, and was licenced by the Law Society of
Ontario in 2008, as part of the grand‐parenting program for paralegals providing legal services in Ontario.
She is the President and Managing Principal of Wigle Vence Paralegal Services Professional Corporation,
which she founded in 2008 with Don Vence, who is also a paralegal and a principal of the firm.
This very busy firm specializes in receivables recovery through Small Claims Court litigations for a well‐
established base of commercial clients varying in size from sole proprietorships to large multi‐national
corporations. Currently, the firm engages a full time legal assistant/paralegal candidate, a regular part‐
time associate and participates in paralegal student intern programs. The staff work out of the firm’s
Toronto office, and are supported by a network of licenced associates across the province who assist the
firm by providing coverage for regional court appearances.
The principals of the firm bring over 25 years of civil litigation experience and over 70 years of business
experience to bear on behalf of their clients.
Ms. Wigle‐Vence has over 35 years of multi‐industry business & financial management experience.
Her broad and well‐rounded resume includes:
Two degrees from the University of Waterloo (B. Architecture, B. Environmental Studies) with
eight years of experience in that field.
Broad knowledge of sales, services, distribution, procurement, inventory, manufacturing and
finance and administrative processes.
Over 20 years of employment at IBM Canada, in positions requiring project management,
program management, business process and financial management skills.
The last seven years at IBM were spent a Managing Consultant, running a specialized practice
focused on business process analysis and re‐design for small and medium sized businesses in a
variety of industries. Her role included mentoring and training junior consultants.
IBM certified consultant with numerous personal achievement and team success awards.
Broad industry experience with deep expertise in Design/Construction, Manufacturing and
Distribution, Truck Transportation, Professional Services and Solicitors accounts.
Ms. Wigle‐Vence has been actively involved in professional development in many ways throughout her
paralegal career. These activities include participating in education programs, item‐writing for the new
paralegal licencing examinations and mentoring both newly licenced paralegals and seasoned paralegals
who are new to the Small Claims Court area of practice.
Ms. Wigle‐Vence served on the Board of Directors of the Paralegal Society of Ontario, and on the interim
Board of Directors of the Ontario Paralegal Association, continuously from May 2008 to November 2015.
During that time she held the positions of Secretary, Secretary/Treasurer, Treasurer (twice) and
Membership Director of the PSO, and co‐Treasurer of the interim Board of the OPA.
Janet L. Wigle‐Vence
Managing Principal,
Wigle Vence Paralegal Services Professional Corporation
Since beginning her career as a paralegal over 12 years ago, Michelle Zare has had a passion for advocacy. In 2009 she established Zare Paralegal Services, a paralegal firm dedicated to defending the rights of injured workers. As a licensed Paralegal, Michelle has extensive experience with appeals before the WSIB Appeals Services Division, the Workplace Safety and Insurance Appeals Tribunal (WSIAT), and CPP Disability Appeals before the Social Security Tribunal (formerly the Office of the Commissioner of Review Tribunals).
November 21, 2016
SKU CLE16-01111
Table of Contents TAB 1 How to develop a plan and budget for your practice………..1 – 1 to 1 – 2
Janet Wigle-Vence, Wigle Vence Paralegal Services Professional Corporation
TAB 2 What tools should you be using?........................................2 – 1 to 2 – 2
Andrew Hyland, Horlick Levitt Di Lella LLP
TAB 3 Social Media Tips for Paralegals…………………………………………3 – 1 to 3 – 2 Relevant Resources……………………………………………………………3 – 3 to 3 – 3
Michelle Zare, Zare Paralegal Services
TECHNOLOGY TIPS FOR PARALEGALS
TAB 1
How to develop a plan and budget for your practice
Janet Wigle-Vence, Wigle Vence Paralegal Services Professional Corporation
November 21, 2016
Technology Tips for Paralegals
CPD Webcast Program: Technology Tips for Paralegals
Topic: How to Develop a Plan and Budget for your Practice Page 1 of 2
NOTE: These checklists provide a starting framework only and may need to be tailored for your needs.
1 - WHERE DO I START?
Start with a Business Plan that includes your expectations of how you will use technology to
support your practice.
Before developing a budget, you should map out your intentions for the structure of your
practice. Your plan for the operation of your practice will inform the decisions you need to
make in building a technology framework that will support your operations in a secure and
efficient manner.
Your Business Plan should address questions such as:
Business Plan Questions Year 1 Year 3 Year 5
What will the structure of my practice look like?
Me, and me alone
Me, and a legal/admin assistant
Me, and multiple paralegal associate(s) and assistant(s)
What does that structure require, in terms of technology elements, to be effective for my business model?
Shared or stand-alone applications
Shared or stand-alone data
Desktop and/or mobile computers
Internal network(s) at my physical office
Secure internet access for data sharing
Backup and Recovery strategy (physical on-site, physical off-site, cloud storage
Policies for user access control, systems maintenance and updates, backup execution, problem reporting and action
2 – HOW DO I BUILD A TECHNOLOGY PLAN?
Based on your Business Plan, you can start to build a Technology Plan and Budget for your
practice.
By mapping out your business plan, you have created a framework for deciding what you need
in the way of technology. By including future years in your business plan, you have some
parameters to help you decide if you should invest heavily to start off, or whether you can
make a smaller initial investment.
1 - 1
CPD Webcast Program: Technology Tips for Paralegals
Topic: How to Develop a Plan and Budget for your Practice Page 2 of 2
NOTE: These checklists provide a starting framework only and may need to be tailored for your needs.
If you know what you want your practice to look like it the future, you may be able to built on
your initial investment, rather than having to replace everything in the future as your
requirements grow and change.
Your Technology Plan should address elements such as:
Technology Plan Elements Year 1 Year 3 Year 5
Software / Business and Legal Applications:
stand-alone, on-site data or cloud based
Email - Free-ware (gmail etc.) or Outlook
Accounting
Legal / Practice management
Security and systems management (maintenance/performance)
Hardware
Computers – Desktop and/or mobile
Printer(s) – colour and/or B&W
Photocopier(s) – colour and/or B&W
Server(s) if a network is required
External drive(s) / backup device(s)
Communications
Internet provider, hosting
Telephone services (including how calls will be answered in your absence)
Fax Services – virtual or physical machine
I/T Consulting
Technology planning and budgeting assistance
Regular Maintenance and Support Security – monitor, patch and fix Back-up – execution, testing Software – maintenance, updates
Regular Tech Plan review to keep systems current as industry changes occur and security threats change
1 - 2
TAB 2
What tools should you be using?
Andrew Hyland, Horlick Levitt Di Lella LLP
November 21, 2016
Technology Tips for Paralegals
What Tools Should You Be Using? By: Andrew Hyland, Horlick Levitt Di Lella LLP What Kind of Practice Are You Running? What kind of technology you will be using as a paralegal may be determined by what area(s) of practice a paralegal with partake in; e.g. a paralegal whose practice is primarily focused on provincial offences and/or summary criminal offences, and who is primarily reliant on prosecution disclosure will have different needs than a paralegal who primarily practices in civil litigation, and who will self-generate pleadings, witness lists, etc. as part of a case file. However, at the very least, paralegals should be using two basic pieces of software: a practice management program, and a billing/accounting program. Practice Management Programs A good practice management program will help a paralegal take care of the essentials in day-to-day practice: docketing, diarizing, and information management (Name(s) of clients, contact information, etc). Options include machine-based software (Amicus Attorney, Abbacus, TimeMatters) and cloud-based options (Clio, ULaw, etc). What works for each practitioner is a matter of personal preference and firm finances (i.e., monthly payments for a license versus a one-time investment with periodic upgrades). Any good software should allow for syncing with your calendar and email clients to help you keep track information such as key dates, court appearances, limitation periods and deadlines. An increasing amount of software allows for automated generation of regularly used documents. Some practice management software includes its own billing system within the software. Others allow for syncing between the practice management suites and billing programs. Anyone using a practice management program should ensure that their data is able to be exported in case of emergency and for regular backup Billing Programs Billing/Accounting programs include both machine-based (e.g. PCLaw) to cloud-based (ULaw, Freshbooks, etc).
2 - 1
What works for each individual practitioner or firm is similar to the choice of practice management programs (personal preference/practice needs, practice finances). It is important to ensure that these programs are LSUC-compliant, or can be made to be. Data should be able to be exported in case of emergency, and for regular backup Other Technology Depending on your areas of practice and practice style (i.e. paper-based or paperless), you may consider buying and using different hardware and software. While every modern legal office should have a scanner, a paralegal running a paperless civil litigation practice (and therefore scanning in almost everything) may consider investing in a heavy-duty scanner rather than a paralegal whose scanning load is moderate to light. Paperless practitioners may also want to consider using cloud-storage (e.g. Dropbox, Box, Google Docs), but should be mindful of cyber-security and LSUC requirements respecting client confidentiality.
2 - 2
TAB 3
Social Media Tips for Paralegals
Relevant Resources
Michelle Zare, Zare Paralegal Services
November 21, 2016
Technology Tips for Paralegals
SOCIAL MEDIA TIPS FOR PARALEGALS
Prepared by Michelle Zare, Paralegal
Social media has quickly become a cost-effective avenue for the marketing of
legal services, creation of “brand awareness”, and an excellent source of referral
networks. There are many different platforms to suit your personal preferences
– websites, blogs, Facebook, LinkedIn, Instagram, Twitter, etc. However, social
media activity and advertising can also pose hidden risks and challenges for
paralegals and paralegal firms. The following tips are offered to help you as
you navigate the internet as an advertising medium.
Establish a social media and internet usage policy for you firm, so as to
set clear guidelines and expectations
Keep your personal sites separate from business sites
it is good practice not to be “friends” with clients on Facebook or
Establish and monitor privacy settings on personal and business sites
be mindful of what you put on social media, both personally and
professionally – remember Rule 2.01 Integrity and Civility
Rule 8.03 regarding Marketing – be sure your advertising complies, be
careful about jurisdictional concerns given the vast reach of the internet
Communications with clients online still fall under rules about
confidentiality – see Rule 3.03
3 - 1
Treat online information in the same way as you would face-to-face
interactions, do not discuss client matters in chat rooms or Facebook
groups (even if names are left out)
Be careful about what you post out there, whether on your blog or on a
social media site – remember, anything you post can be widely
disseminated
Take reasonable steps to verify the identity of someone contacting you
via social media so as to avoid conflicts of interest or concerns about
ulterior motives of those contacting you
Be wary of phantom clients – online communications can be
misinterpreted, it is important to have disclaimers on website and emails
about legal advice and the lack of a paralegal-client relationship until
you are formally retained
-take steps to protect your identity – ie. sites can be hacked, check your
sites regularly
Remember, your online presence is a reflection of who you are, and you
are a representative of the firm in which you own or work. Think before
you post, and “when in doubt, don’t put it out”
3 - 2
Relevant Resources
Sample Online Activity and Social Media Policy
3 - 3