Archive for the ‘Uncategorized’ Category

Author:  William Burley

Corporate paralegals’ job duties can vary greatly dependent upon whether they work in a small firm or in-house legal department.  Litigation support is a mainstay for some corporate paralegals while it is not for others.  This entry lists some of the more common duties a corporate paralegal might perform.

The virtual paralegals of Burley-Wilson & Associates may provide these services plus others to your practice.

  • Maintain calendar for quarterly or annual meetings
  • Draft resolutions, amendments, notices of securities exemptions, dissolution of a corporation
  • Prepare mergers and acquisitions, reorganizations and consolidations
  • Prepare corporation tax returns
  • Issue company shares, maintain stock ledger, obtain stock certificates
  • Research legal precedence
  • Prepare notices of incorporation
  • Assist with preparation of proxy statements
  • Prepare Securities and Exchange Commission filings
  • Research and analyze legal statutes
  • Maintain data on international entities
  • Manage business license compliance
  • Draft agreements for partnership
  • Liaison between legal department, accounting, investor relations, finance and other departments
  • Preparation of agenda and taking minutes of meetings
  • Maintain organizational chart
  • Manage corporate entity structure
  • Assist with shareholder, board of director, committee meetings
  • Check availability and reserve corporate name
  • Draft buy/sale agreements, leasing agreements, promissory notes,
  • Maintain record of stock transfers, splits, share purchases, liquidations,
  • Draft non-competition agreements
  • Subsidiary administration and maintenance
  • Process trademark renewals
  • Assist with dissolving entities
  • Prepare and file documents with the Secretary of State, Internal Revenue Service, Franchise Board

The virtual paralegals and virtual assistants of Burley-Wilson & Associates bring more than 40 years combined experience to business formation, not for profit and for profit companies as well as administration in each.  Contact us today to determine how we can best assist you with your corporate needs by e-mail at info@burley-wilson.com, by phone at (713) 551-8689 or by visiting the website and filling out the Consultation form at www.burley-wilson.com.

STOP, LOOK AND LISTEN!

Posted: September 26, 2011 in Uncategorized

Author: William Burley

Whenever someone finds out that I am a paralegal I usually get the question, “What does a paralegal do?”  I get very excited by this question and begin to enumerate all the great tasks I perform like drafting original petitions, answering discovery (because I just love interrogatories) and researching case law.  When I decide to take a breath, I look over to my questioner and find a non-blinking individual who only needs drool to fall from the side of their mouth to complete the picture of not understanding a word I’ve said.  With that, I revert to the simplest answer that moves the conversation forward each time…”I do anything an attorney does EXCEPT argue cases in a court.”

Of course, this answer is nowhere near complete but for the purpose of this entry, I would like to focus on the word, EXCEPT.

The unauthorized practice of law (“UPL”) is a surprisingly easy trap to find yourself dealing with, even after years of providing paralegal support.  Each State and jurisdiction has a different definition of what constitutes UPL so we will focus on what seems to be standard across the spectrum – You cannot represent clients in courts of law without being licensed to do so!

The average person has no idea what an attorney really does and this extends to the support staff as well.  It is the paralegal’s responsibility to make sure that clients they come in contact with understand their role as legal support staff.  Let’s focus on some ways to avoid UPL.

Always, always, always identify your title as a paralegal or legal assistant to clients.  When you send letters include your title; when you make telephone calls, figure out a way to say your title in the conversation.  This will be the first step of ensuring that the clients understand that you are not an attorney.  They will undoubtedly still ask for your legal advice and this is the most common opportunity for you to explain things simply to them.

  1. You can easily explain to them that the attorney will have to discuss the merits of their case with them and can provide a more detailed explanation of what will happen.  You can easily share the mechanical steps as to what has been done in their case (i.e. the firm has filed the petition with the Court and hasn’t received a copy back at this point).
  2. Never make the mistake of thinking you know more than the attorney!While you, as the paralegal, may have worked on a case from the client interview and have done much of the research and leg work, you must not get the idea that you know more about the case than your attorney.  You may have a better understanding of what it takes to administratively move a case forward but you probably will lack the understanding of the case theory.  Even if you do understand theory, you are not licensed to share your thoughts with clients.  Your job is to take everything you know about the case and speak with your attorney behind closed doors.  It is the responsibility of that attorney to share legal ideas and modes of moving ahead with a case.
  3. If you happen to also be a notary public, it is your responsibility to make sure everyone understands what that entails in America.  There are countries where these words signify someone being an attorney and individuals have taken advantage of this cultural difference.
  4. When all else fails…simply say that you have to speak with the attorney about the client’s question.  If you are not sure whether your statement or action would classify as UPL, go with being safe rather than sorry.  There is no harm in taking a break to get more information.  In the end you will find out whether the situation is one you need to avoid in the future.

There are heavy consequences to participating in the unauthorized practice of law.  It can cost you your job and have negative consequences upon the attorneys that you are employed by or contracted to.  When in doubt, step back, get more information and then move forward accordingly.

The old saying says, “Bad news travels fast…”  Don’t let your reputation be ruined because of UPL.

Burley-Wilson & Associates, L.L.C. is a virtual paralegal and virtual assistant services firm dedicated to providing the best legal and administrative support to its clients. 

 

If you would like to schedule an ethics seminar with your paralegal staff, please send an e-mail to info@burley-wilson.com or complete the form at www.burley-wilson.com/free-consultation.html.

CLIENT REFERRAL PROGRAM

Posted: September 25, 2011 in Uncategorized

Author:  William Burley

Burley-Wilson & Associates has implemented a new client referral program!

The freelance paralegals of Burley-Wilson & Associates (“BW”) are experienced in personal injury, labor and employment, bankruptcy, probate/estate planning, workers’ compensation, corporate, social security disability, real estate and landlord-tenant law.  Each of our paralegals has more than ten (10) years experience working within the legal field for solo practitioners, small firms as well as large, multi-office firms.  We are prepared and knowledgeable as to the handling of cases from start to post-judgment.  Our team of nine (9) paralegals is dedicated to providing top notch service to each of our clients.  We are also ready to assist when an attorney calls.

Our client referral program is currently open to other paralegals whether they be virtual or traditional paralegals.  Currently, if a paralegal decides to not accept a client, they may refer the client to BW with pertinent contact information and a general synopsis of the client’s needs to info@burley-wilson.com or by completing the form at www.burley-wilson.com/free-consultation.html.  Staff at BW will then complete a free 45-minute consultation with the referral and if a professional attorney/paralegal contractural relationship is established between the referral and BW, the referring paralegal may make 33% of earnings for two (2) months*!

To learn more about the Burley-Wilson & Associates client referral program, please contact us TODAY!

Burley-Wilson & Associates, L.L.C. is a virtual/freelance paralegal firm.  Our paralegals have more than ten (10) years experience each in various areas of legal practice with solo attorneys, small law firms as well as large firms.  For more information regarding our services, please e-mail info@burley-wilson.com.

Author:  William Burley

Currently, with the economic struggles of the country, many firms are putting more of a focus on telecommuting.  I would guess this first started in late 2005.  Due to ever increasing gas prices, furloughs, layoffs and general unease the virtual office is booming!

There is definitely a positive spin to having the ability to work from the comforts of your home.  You can create your own schedule in most cases, there’s no need to get dressed up and the vast majority get more work produced at home.  It seems like a win-win situation.

There is a possible downfall though that lies at the heart of the legal profession…CONFIDENTIALITY!

During the days of offices with paper mounds in the offices and file rooms, there were intricate controls over who handled the files.  Only the file staff, if there were any, could even think about updating a file with the latest pleadings and Rule 11 Agreements that came into the office.  You received your working copy and that was it until it was time for trial or the case settled.  This is not so now.  Many firms have made the significant and cost saving step of going ‘paperless.”  The word is in quotation marks because I have yet to experience a truly paperless office with absolutely no files.

Many law firms are utilizing online document repositories that is like a program management software.  They not only can upload and store documents in an electronic file room, they can assign tasks on the various matters being handled, remotely put you on the team for a particular case and keep track of the amount of work you’ve done as well as if you even logged on for the day.  Don’t get me wrong…from a paralegal perspective, and a virtual one at that, I am more than a little happy that this type of technology is available.  It makes the lives of everyone involved much simpler when it comes to working a case from the potential client interview to the trial and/or settlement.

With this ease, though comes a greater opportunity for confidential information to become “seen” by eyes that are electronic peeping toms.  When e-mailing a document, uploading it to a file sharing program or using a virtual online office, there is a greater responsibility to ensure that no one outside the parameters of the firm can see what your clients have entrusted to you.

Below are some steps to take when working in a paperless and virtual environment:

Don’t use the Preview in your e-mail client.

While it’s very appealing to be able to simultaneously look at the contents of an e-mail and not have to click to open it, this can be a dangerous thing.  Some viruses can be placed on your computer simply with this feature.  Turn it off!  We’ll have to raise that finger and double-click to open the message…the old fashioned way.

Were you supposed to get that attachment?

I know this will sound absolutely crazy in today’s age…but you do NOT have to open every attachment you receive!!!  Not right away anyway.

You and one of your clients have set up a system of how you work.  Client will normally call you and say, “Hey.  I’m about to send you this file.  It may be important to the case and this is why.”  You then say thanks and get off the phone.  You then receive an e-mail from Client.  This is awesome and works just great…although you should still run a scan on the document before opening it.

One day, you receive an e-mail from Client and you haven’t spoken with them in a few weeks.  Rather than simply opening the attachment, open a new message window and email Client to determine if they’ve sent an e-mail.  This one, small extra step can save a huge headache.

I didn’t know I had a virus!

I would say 100% of the time a virus will catch us off guard.  This is fine.  Nothing to panic about yet.  One sure fire way that you can alert yourself that something might be a little fishy is to set up a contact that is something like A or 1.  Something that will give you the message that you’re trying to send an e-mail to someone that doesn’t exist.  You may also get a dialogue box that tells you that there is no e-mail address to where you’re attempting to send an e-mail.  This action can alert you to the fact that you need to change your password after you disconnect from the internet and run a virus scan on your computer.

When was the last time you backed up?

If you’re like most of us, then you don’t ever remember doing this…or it’s been a few months.  This is simply unacceptable.  You should set a schedule for backing up your information.

It’s a pretty safe bet to do a back up once a week, on Friday when you work in a firm.  There’s tons of information that gets saved and changed during the course of a regular week…not to mention if there’s some litigation going on.  Schedule this action for Friday right before you get to leave for the weekend.  It will save you from having a panic attack if information is jeopardized.

Taking simple steps can save tons of time and money when working in a paperless, virtual office.  It is up to each firm and each employee, contract or full time, to take those steps that will protect the client and the firm from having all the secrets spilled in the cyber world.

William Burley is the Managing member of Burley-Wilson & Associates, L.L.C., a virtual paralegal services firm located in Houston, Texas.  He has over eleven years experience as a paralegal in litigation, labor and employment, social security disability and a host of other practice areas.  William is also the founder and board chair of a Texas based non-profit organization dedicated to serving a vulnerable segment of the community.

William Burley has motivational conversations with groups and may be booked for webinars and other meetings.  He may be reached by e-mail at wburley@burley-wilson.com or by visiting his website at www.burley-wilson.com

YOU ARE MOST WELCOME!

Posted: September 24, 2011 in Uncategorized

Author: William Burley

Welcome to Burley-Wilson & Associates!  If you’re reading this post…then you are definitely family to us!

Burley-Wilson is a virtual paralegal services company that is dedicated to streamlining the life of sole practitioners and small to medium size firms.  Our goal is to allow the attorney to do what he/she went to school for – practice law!  We’ll take care of the rest!

Our team is experienced in various areas of law including, but not limited to bankruptcy, personal injury, premises liability, products liability, landlord-tenant disputes, labor and employment, business formation plus way too much to list here.

If you’re an attorney and interested in lowering your overhead, then you should contact us at info@burley-wilson.com or call us at (713) 364-9703 so we can discuss how we can best serve you.

If you’re a paralegal, then you’ve come to the right place.  Although we’re based in Houston, Texas, you don’t have to be!  We’re expanding our reach to all corners and you may be able to fit into our style of working.  Go to the Employment section of the website and fill out the information.  We’ll definitely give you a call!

Well…this is the beginning of the journey for the company Burley-Wilson…but is one that was started over a decade ago.  With you as our clients, sub-contractor staff, family and friends, the journey will be awesome…to say the least.  Let’s go!

To schedule a consultation with Burley-Wilson & Associates, virtual paralegal in Houston, Texas, please fill out the form on the website, www.burley-wilson.com or send an email to info@burley-wilson.com.

JACK OF ALL TRADES…

Posted: September 24, 2011 in Uncategorized

By:  William Burley, Virtual Paralegal

Ever heard the saying, “Jack of all trades; master of none….?”

The statement sounds like a compliment being given while being slapped in the face by the same person at the same time.

In the legal field, especially in the 21st century, it is a marketable quality to be efficient and effective in myriad areas of law.  There are many attorneys who never choose a niche and they need paralegal support as well.

While it is a great thing to be well rounded in your career skills, it is also important to decide upon a niche that really gets your brain excited throughout the day.

Think of what practice area you’ve enjoyed the most throughout the span of your career.  Study it, become knowledgeable about it and most importantly…enjoy it!

Burley-Wilson & Associates, L.L.C. is a virtual paralegal services company, working directly under the supervision of attorneys.  To find out more about William, Burley-Wilson & Associates or how you can become involved in the virtual paralegal community, send an e-mail to wburley@burley-wilson.com

KNOW YOUR ROLE

Posted: September 23, 2011 in Uncategorized

By:  William Burley

Random Person:  ”What do you do for a living?”

Me:  “I’m a paralegal.”

Random Person:  “What does a paralegal do?”

Surprisingly, this question is asked quite a bit.  Even more surprising is how different the ansers can be.

Working in a small law practice, a paralegal can be office manager, trainer, IT person as well as paralegal.  You wear myriad hats and the job can be a new set of scenarios daily.

At larger firms, you may work on a particular docket and only a specific portion of the cases like scheduling depositions.

Between these extremes are the functions that many paralegals participate in:

  • Calendaring – No successful paralegal has been able to get away without doing some calendaring when that Docket Control Order comes in.  Ever have to put those one and two week reminders in for your boss to still not pay it any attention?
  • File Maintenance – This is one that too many of us despise.  Most often, those who would rather walk the plank rather than file have left it unattended for far too long.  No matter how busy you are, take at least 5 – 10 minutes a day to do filing.  You’ll find you don’t have to spend your whole day doing it and you’ll be more aware of the latest happenings in the cases you’re handling.
  • Discovery Responses – It amazes me how some find this a tedious task!  Drafting discovery responses can be time consuming, to say the least, but you find details in your case that you may have ignored otherwise.  Sometimes the opposing counsel can give you that “Aha!” moment…even though their goal is to sometimes trip you up.
  • Scheduling Hearings and Depositions – Now this task can be an all day event!  You must contact opposing counsel, client, deposition service company and the list goes on.  Everyone’s schedule will not always mesh very well when it comes to scheduling depositions.  It can take a few tries, but it eventually always comes together in the end.The best way to have a happy work environment is to discuss with your boss and/or supervisor what role they want you to play.  They could wish for you to be half administrative and half legal.  The choices are limitless.

Take a moment and figure out what your role is, strengthen yourself in it, be happy with it and be successful!

Burley-Wilson & Associates is a virtual paralegal services company, providing paralegal support to attorneys and government agencies.

William Burley is the founder of Burley-Wilson and can be reached for a free consultation by visiting www.burley-wilson.com and filling out the contact form.  E:mail:  wburley@burley-wilson.com or by telephone at (713) 364-9703.

By:  William Burley

Operating your own company is a very exciting and challenging task.  You have to deal with bookkeeping, staff management, making sure the rent is paid, etc.  The most important task for a business owner though is MARKETING, MARKETING, MARKETING!  You cannot have a successful business without consumers.  No consumers = no money to operate your business.

If you do a Google search, you will find millions of hits that discuss marketing.  You will undoubtedly find the marketing strategies broken down into categories such as virtual paralegals, financial services company and just about any type of business you can think of.  Trust me…I did this religiously.  There will be many ideas that the specific business type will require, but many aspects of marketing are the same.  This post will focus on just a few techniques and some that I or friends of mine who own businesses have tried and were successful.  Feel free to comment and leave your ideas.

  1. LinkedIn.com – LinkedIn.com is the Facebook of professionals.  With this site you can join groups of like-minded individuals, connect to networks across the country and even apply for jobs.  If you haven’t put your professional profile on LinkedIn.com, then you are definitely behind the curve.  This is a free way to advertise, network and just meet new people.  You can also set up a profile for your company that is attached to your personal LinkedIn profile.  You can post job openings, have people follow you and your business and gain recommendations from your old bosses.  Remember that saying, “Don’t burn your bridges…”  Well LinkedIn.com brings that statement to life!
  2. Facebook.com – While Facebook is not the best choice for networking professionally, it is where over half a billion people and businesses are located online.  You would do well to create a professional profile for your business (whether it be a group or page).  You must be careful though with what you post on your personal side of things here.  There are steps you can take to hide your personal profile from the professional contacts, but it takes some work.  You’ll definitely reach a huge swath of folks on Facebook.com.
  3. Website – Build your business website.  There is absolutely no excuse for not having an online presence in 2011.  There are tons of free website builders available and low-cost.  You can also get marketing tools within some providers such as VistaPrint.com.  Most people will automatically Google or Yahoo! Your company as soon as they get the opportunity.  You should have a business website…even if it’s only a template form.  It will give your consumer something to attach to you.  Surprisingly, many individuals may think you’re a fraud if you don’t have a website.  Perception is reality to most of us.
  4. Business cards – This may seem simple but I’ve met many business owners who do not have business cards.  Just like a website, there is no excuse for this.  Office supply stores sell perforated business cards with the measurements.  You can print your own for a very low cost.  Many online companies even provide free business cards.  The ranges of free cards I’ve seen is between 250 and 500.  You can do tons of marketing with this which is ongoing.  I’ve never met anyone who handed out 500 business cards in the course of a regular working week.  Now if you attend a conference, that’s another issue totally.  Get yourself some business cards!
  5. Post cards – This is one that one of my old bosses used when I helped him start his Social Security Disability practice.  It was a very simple and elegant two sided postcard.  One side had the pictures of the attorneys and me with the name of the law firm, our contact information and what we were advertising.  The reverse had the return address printed on it and a box with “postage here” printed.  It was nice, simple and low cost compared to getting some marketing firms to do it for you.  There are online companies like VistaPrint.com which have templates for this as well and you can print for a reasonably affordable price.
  6. Letters – There’s something to be said about sending a letter…not an e-mail.  You shouldn’t want your first contact to be by e-mail.  It’s too easy to ignore and delete.  You even have the chance to be sent to the trash folder if your e-mail address sets off some alarms!  Make some type of physical contact like the postcard or business card to go along with your e-mails.  You won’t regret it.
  7. Telephone calls – I really hate being on the telephone sometimes.  This is especially frustrating when I’m working on a project or just trying to watch a movie.  Telephone calls are money, especially when they call you!  If you miss the call, don’t go by that rule of “next business day.”  If you’re hurting for money and need some cashflow, return that call within the hour, preferably 30 minutes.  The potential consumer or established client will really appreciate that.  There are steps you can take to keep clients from calling you in the middle of the night, but for the most part, return those calls quickly!Research shows that most marketing has to be done a total of seven times to reach the potential client!  Seven whole times!  You can spread out the wealth of cash and marketing by using the various ideas above, plus so many others that weren’t included.  If we did include them, you would not be nearing the end of this post for about another week or so.

    Take enough time to study the different forms of marketing and see what works best for you.  You’ll never be disappointed at working to bring in more clients to your business.

William Burley is the founder of Burley-Wilson & Associates, L.L.C., a virtual paralegal services firm that works under the direct supervision of the attorneys who assign work to its virtual paralegals.  Burley-Wilson provides assistance in creating and maintaining marketing plans and strategies for various companies.  To discuss creating your marketing plan within your budget, contact us for a free consultation by visiting www.burley-wilson.com and filling out the contact form.  You may also send an e-mail to wburley@burley-wilson.com or call (713) 364-9703.