James Sherer is a partner at Redgrave LLP, a firm with a singular focus on the area of information law. Immediately prior to joining Redgrave LLP, James was In-House Counsel for a Fortune 40 company, and in addition to his work as a litigator, James was a member of the company’s Discovery Expertise and Legal Tech Steering Committees. Prior to working In-House, James spent five years as a Litigation Associate in New York City with two AmLaw 100 firms.

The Legaco Express for Paralegals (LEX):

What led you to explore the evolving field of information law?

James Sherer:

Information law was a natural progression from working on very large civil-and later criminal-litigation matters that involved a significant amount of electronic discovery.

This experience prepared me for an in-house opportunity where, through a happy coincidence, electronic discovery and information management became part of my practice responsibilities.

LEX:

What skills do you think a paralegal needs in order to excel in the litigation field in general and, more precisely, in the e-discovery field?

James Sherer:

When I think of excellent paralegals, I think immediately of those paralegals who gave me information I needed before I asked for it, or even knew I needed it.

To determine how exceptional paralegals actually do that, I did what I normally do. I asked Kay Pfeiffer, one of Redgrave LLP’s Advisors (and a very experienced paralegal) with whom I have worked with for years. Kay confirmed some of my thoughts.

First, to excel—to not just succeed, or put in a full day of work, but to excel—a paralegal must think, not just do. Kay’s mantra has been to spend more time planning difficult tasks than doing them, taking the time to think through the task to arrive at an appropriate solution.

Second, one of the first things successful junior attorneys learn is that the paralegals have the knowledge of how the office or the organization runs.

In my experience, paralegals who assume that the day-to-day operation of a matter is their responsibility tend to succeed more quickly; they ask important questions sooner, and make sure that known tasks are either assumed or appropriately delegated. This again focuses on “planning before doing.”

This is especially important in e-discovery, where there are a lot of moving parts, and the attorney is unlikely to be aware of everything that is happening in a given matter.

While the role of a defined project manager is becoming more common within certain litigation matters, paralegals, willing or not, are often assumed to be de facto project managers if no one is assigned that role. Specific questions I would have every paralegal on a matter ask are: “Does this matter need a project manager?” “Is there a project manager?” and finally, “Am I the project manager?”

Finally, assuming the role of project manager, where appropriate, is still not enough to excel. In e-discovery, a successful paralegal must keep up with advances in technology, and know how to execute on those technologies.

LEX:

The legal world is going through very significant changes at the moment. What do you think could be the greatest opportunities for paralegals in the years to come?

James Sherer:

Organizations continue to cut costs, and seek novel ways to manage litigation spend.

However, there are certain tasks that must be performed, by law, by legal practitioners. In-house paralegals are already well-positioned, with attorney oversight, to do a lot of the tasks that might have been sent to outside counsel in years past.

I believe that in-house paralegals with skills on the technical or project management side will be in demand, especially as in-house departments expand where cost-cutting measures demand it.

LEX:

What do you wish paralegals would know about lawyers?

James Sherer:

I would remind paralegals that attorneys are expected (and paid) to be confident, but that we do not always assume that we know everything—regardless of how it might sound. As I heard in one conference, “Lawyers are people too!”

Successful paralegals recognize that while lawyers may be intense at times, much of that stress comes from the reputations and law licenses which depend on appropriate outcomes.

LEX:

How do you organize your work with paralegals to make sure that your teams are as effective as possible?

James Sherer:

I create a case team and explain the matter as appropriate.

Based on the case team’s evaluation of the matter, we set out specific tasks and confirm that each has been assigned to a particular person. We subsequently meet regularly to reassess the matter and determine if all of the tasks are getting done.

In ideal situations, the attorney explains the strategy and legal implications for the project, the paralegal outlines the practical implications of getting the work accomplished, but the work does not begin until everyone agrees on the plan.

Because everyone contributes to the plan, everyone should be that much more invested in the results.

LEX:

How do you deal with concurrent deadlines?

James Sherer:

I try to avoid concurrent deadlines whenever possible.

To actively avoid that situation, I make sure that I ask for deadlines whenever I receive a substantial and/or long-term project. If a deadline is not available, then I create my own.

I make sure that the person to whom I owe a particular project to is aware of my timing. If I am later unable to make the deadline, then I follow-up with the person and give her an update on the project.

Paralegals often work with multiple attorneys, and successful paralegals must define a process to inform attorneys of competing projects and concurrent deadlines. Paralegals should let the attorneys determine priorities within the firm or organization, and remember that there are only so many hours in the day.

LEX:

What are your time management tips?

James Sherer:

I listen very carefully to determine what needs to happen, and when it needs to happen by. Once I determine what tasks I am responsible for, I make to-do and checklists. I write down each project and, where appropriate, enumerate its component tasks. Because I especially enjoy crossing off each task as I complete it, I tend to do this on paper.

I also use the Microsoft Outlook calendar function to keep track of my meetings, calls, travel, and reminders. Because it syncs with my BlackBerry, I feel confident that I am not missing anything.

LEX:

What was the best advice you ever received?

James Sherer:

While it sounds simple, I was told early on that if I was not confident that I could remember something, I should write it down. To ensure that I could write it down, I should bring a pen and paper (or their equivalent) to every meeting. If I wrote down what I heard, I would be more likely to remember—and more likely to complete—any assigned tasks. This is no guarantee of success—but it certainly helps.