THE FREELANCE
PARALEGAL
So, you want to
freelance! Going into business for yourself;
sounds wonderful doesn’t it. Well, it is— and it
isn’t.
What does it
take to be an independent or contract paralegal?
A lot of tenacity, determination, a thick skin,
business knowledge and the means to sustain
yourself through the start-up time. Not everyone
is cut out to be an entrepreneur. Being a
freelance paralegal is much more than being a
paralegal. It is also being a business owner,
and with that comes the responsibility of owning
a business, having assets, liabilities,
insurance, employees, payroll, etc. etc. It is
also not a field for someone who has just
graduated from a paralegal program. Working on
your own is for someone who is a seasoned
paralegal with a good working knowledge of
substantive law, office procedure and law office
management. In order to freelance, one should
have been working in the field for at least 3
years. The more responsibility you have carried,
the better training you will have to go it
alone.
In the
beginning, one drawback of freelancing will be
the isolation you might feel. Especially if you
come from a large office. You will be on your
own, alone, working in whatever area of
substantive law you choose. It will be up to you
to keep up with all the changes going on, i.e.
rules changes, changes in legislation and
changes in case law. You won’t have the
advantage of that big law library at your
fingertips. However, in today’s world, with the
Internet at hand, you at least have the means to
find what you need without the big library.
Another factor to consider is the lack of
benefits; you won’t have health insurance,
vacation time or sick days. You may also work
many more hours than you are working in-house.
It is not easy to start a business and you must
consider all factors when making the decision to
freelance.
As you grow,
you may need to rent office space, buy or lease
equipment, hire more independent contractors or
secretaries and deal with vendors when you
purchase supplies. Just think what it would take
to equip a small law office from scratch. That’s
what you will be doing, from desks to copy
machines to fax machines to telephone systems,
paper, pens, computers, paper clips; it goes on
and on. You must be ready to finance all of this
equipment and have enough funds put away to live
on while you are building your business.
When you become
an independent contractor, you must keep exact
records of your time, in order to bill properly.
Without that billing, you won’t get paid! So,
you must learn to keep meticulous records as to
your time and expenses. You will also be
responsible for your own tax payments and must
keep exact records. You will obtain a federal
identification number for your business so that
you can pay taxes separately if you so choose.
As you grow and hire people to work for you,
your federal id number will be in place for
payroll purposes. After making the decision to
freelance, you should consult with an accountant
to determine how you want to set up your
business, whether you will work as a sole
proprietor, incorporate, have an LLC or if you
are going into business with someone else,
perhaps a partnership or LLP. There are may
options you can choose.
I certainly
don’t mean to paint a negative picture of being
a freelance paralegal. Of course there are
benefits; you are your own boss. You are
building a future for yourself, a future in
which you have financial security and can be
independent. You will grow as an individual,
learning to master the business world. Dealing
with vendors, suppliers, attorneys, their
clients, employees, other independent
contractors will broaden your horizons, make
your more self-reliant, self-confident and give
you a tremendous feeling of accomplishment.
Another part of
your business will be learning how to market
yourself. Advertising to attorneys and "getting
the word out," are very important to your
success. There is direct mail advertising,
referrals from attorneys you are close to,
"walking the beat," and calling on attorneys to
tell about your services and whatever innovative
methods you can come up with. Learning what will
work for you will come with trial and error.
One important
aspect to be aware of when you are freelancing
and working on attorney’s files; you have to be
perfect. If you are not up to date with the
rules and don’t know the correct procedures for
the pleadings you are drawing, if you make
grammatical errors, if you don’t proofread your
work, you will not last very long. Remember, you
need to perform services better than those
available to the attorney in their office,
otherwise they don’t need you.
There are many
different roles you will play. Not only will you
be working as a paralegal in your chosen area of
substantive law, but you will also be running a
business, working on making it expand and grow.
Eventually you might be an employer, hiring
office staff. You will be making decisions on
which equipment to buy or lease, which office to
rent.
You will find that your individual growth
potential is limitless. You will tap inner
resources you never new existed and you will be
challenged again, and again. It is the
challenges that make you grow as a person and
expand and broaden your mind. This is such an
exciting part of being a freelance paralegal!
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