By: Sheena Foley, PHP
There are many
different avenues of specialty available for paralegals to build solid job
experience and strong resumes. This article will focus on the job duties of a
personal injury paralegal. Depending on the size of the firm and the actual job
duties assigned to a paralegal by the handling attorney, the following
responsibilities must be mastered by any top paralegal.
Intake and Client Contact
Paralegals must
possess the ability to properly screen and interview potential new clients
(PNCs). This means knowing what questions to ask during the initial intake and
with which tone to ask them in. A useful paralegal will already have a questionnaire
on hand to ensure that no information is omitted. It is the paralegal’s job to
be as patient and thorough as possible in order to gain all information
required for the attorney to review the claim effectively.
Medical Records
Personal injury
paralegals understand the importance of medical and billing records being
organized, on file and admissible in court. As a paralegal, you may be required
to order, summarize, supplement and produce medical records to opposing
counsel, insurance adjusters, experts, etc. throughout the case. A useful paralegal
understands what to look for within the medical records and how to determine
whether they are insufficient.
Ordering and
receiving is only a small portion of the overall goal in reviewing a client’s medical
records. Familiarity of medical terminology is critical to a paralegal’s
ability to identify various injury types and any long-term effects those
injuries may cause. This data is critical in the process of effectively moving personal
injury cases along. A paralegal must understand medical jargon and have the
ability to follow treatment recommendations and orders from treating
physicians. I cannot stress enough the importance of understanding medical terminology
in order to determine whether surgery or future medical care and expenses are
required.
Non-Medical Records
In addition to
mastering the art of ordering medical records, a paralegal must also understand
what non-medical records may be required to move a case along. Depending on the
initial intake, some of these record types may include employment records,
academic records, financial records or a declaration page from an insurance
adjuster. Useful paralegals also understand FOIA requests and the importance of
performing legal, scientific, technical and medical research relative to the
claim.
Legal Drafting
The primary purpose of a
paralegal is to make their attorney’s job easier and to assist in the process
of effectively moving a case along to resolution. Therefore, it is a paralegal’s
job to prepare legal motions/pleadings, demands, settlement proposals and discovery
for attorney review. Top paralegals can equally draft discovery and discovery responses,
inclusive of all relative objections, for their attorney’s final review and
modification. Most importantly, top performing paralegals will have these items
already drafted, prepared and saved to the file for the attorney’s review based
primarily on staying current with the pleadings thereby staying ahead of the
game. Always overachieve.
Docket Control and Calendaring
Regardless of the area of
specialty, it is understood that a litigation paralegal is responsible for
monitoring all deadlines and calendaring all items of importance. This item was
included based only on its general importance to any paralegal’s job duties.
Expert Retention and Medical Scheduling
Upon review of a client’s medical
records from treating providers, a paralegal may be required to retain and
thoroughly vet a medical expert as assigned by the attorney. This will also
involve obtaining dates, scheduling treatment and arranging transportation if
required. This will be required for any defendant medical examinations (DMEs)
as well.
Trial Preparation and Trial
Paralegals organize exhibits,
trial documents and evidence into trial binders to prepare for trial. Many paralegals
are responsible for setting up any peripherals and exhibits in the courtroom
and they assist attorneys in preparing witnesses, submitting bench books, issuing
subpoenas and assisting with voir doir. Top paralegals may also be required to
assist the attorney during trial by controlling the flow of exhibits, usually
with a trial software like Trial Pad. Trial paralegals are the primary intermediaries
between the clients, witnesses, attorneys and court staff throughout trial.
Regardless of your current job duties
or responsibilities at this stage in your career, there should never come a
time when you stop learning and striving to be a better paralegal. Always
utilize your peers and share information that will lead to the growth of your
team. I have worked with some amazing paralegals during my career and from them
all; I have gained something substantial, inspiring, thought provoking or
informative at the very least. Being trainable, approachable, flexible and self-starting
are all traits which will lead to a successful paralegal career.
