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By: Dorothy Secol, CLA (Guest Blogger)
Part I or Our “Freelance Paralegal Series”
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!
Dorothy Secol, CLA has worked in the legal profession for over 35 years and has been a freelance paralegal since 1982. She maintains an office in Allenhurst, New Jersey, doing business as Dorothy Secol, CLA. Dorothy is a graduate of Monmouth University, West Long Branch, New Jersey.
Ms. Secol is a member of the National Association of Legal Assistants (NALA) and received her CLA status in 1978. In addition, she is a former trustee of the Central Jersey Paralegal Association and a former Vice-President and trustee of Legal Assistants Association of New Jersey. She is also an associate member of the New Jersey State Bar Association and a former Co-Chair of that Committee. She is also a member of the Real Property and Probate Section and the Foreclosure Committee. Ms. Secol serves on the Paralegal Advisory Boards of Brookdale Community College and Ocean County College and is a mediator for the Ocean Township, Allenhurst and Deal Municipal Courts appointed by the New Jersey Superior Court.
Ms. Secol is the author of Starting and Managing Your Own Business: A Freelancing Guide for Paralegals, published by Aspen Publishing Co. and has written articles for the ANew Jersey Law Journal,@ and ANew Jersey Lawyer.@ In addition, Ms. Secol was a petitioner in the case of In re Opinion 24 of the Committee on the Unauthorized Practice of Law, 128 N.J. 114 (1992). The case validated the fact that Athere is no distinguishable difference between an in-house and freelance paralegal working under the direct supervision of an attorney.
Ms. Secol has presented seminars on real estate procedure, probate procedure and law office management as well as how to set up a business as a freelance paralegal. For contact information, see www.dorothysecolcla.com
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We hope you enjoyed Part I of our Freelance Series, TPS members! Be sure to watch for our future posts on this exciting topic that is becoming all the rage in many parts of the country! Are you a freelancer? An aspiring freelancer? Do you agree with Dorothy’s insights regarding freelance work? Was it what you thought it would be? Do you have an interesting thought to share with us? Please feel free to leave a comment! We’d love to hear from you.
Thank you for your very insightful article Dorothy! I have met some very successful Probate Paralegals who are independent contracters that make the freelance venture look very easy! Although, I must say I am skeptical of this. In your experience as an independent contractor, when first starting out, what was the hardest obstacle to overcome? Was it the lack of funding, business knowledge, or clients? I am interested in hearing your thoughts. Again, thank you for the article. I look forward to part two of the series.
Jennifer:
Thanks for your kind words. When I started, the hardest thing was explaining what a paralegal does. Don’t forget, this was many years ago and the paralegal profession was just getting off the ground. Then it was convincing the attorneys to let a file out of their office for me to work on it. It was slow going at first but I did manage to persevere. Word of mouth is most important.- getting out there, making a name for yourself. – it’s hard work, but definitely worth it.
Dorothy,
I enjoyed reading your article but noticed one very important issue wasn’t addressed and that is the need to work under the guidance of a practicing attorney. Without that guidance, a freelance paralegal could be viewed as being involved in the unauthorized practice of law. From your article, it sounds like your clients are attorneys in which case you would be working under their guidance, but I think it’s an important point to be made!
Mary J. Poole
I only work under the supervision of attorneys. My clients are attorneys. I do not work for the public. This article is addressed to those paralegals who work under the supervision of attorneys. Other than in California, where there are document preparers, I do not know of any state that allows paralegals to work for the public, other than in certain Administrative Law areas, such as social security.
Hello Dorothy,
I have been a Social Security Disability paralegal for over 25 years and I would like to do some freelance social security work. How do I get started under the supervision of an attorney and also is there a way that I can freelance in Social Security disability area without the supervision of an attorney?
Thank you,
Vicky Eugene
Dorothy:
Thank you for your article. It was very informative.
I’m interested in working as a freelance paralegal; and I’d like to develop a business plan. Would you be willing to provide guidance on what types of services are the most marketable to law firms and corporations?
Thank you for your consideration.
Vincent Cirilli
Please contact me anytime.
Vincent, sorry, I just saw the post today.
Call me at 732 517 8555 on Monday.
I came across this article because I was interested in traveling paralegal. I am just getting my feet wet and mind wrapped around the paralegal field. I have three years before the empty nest and I would like to travel and have been researching different occupation fields that I think I could do this in. I particuarily like your three areas that one must know as a paralegal freelancer: substantive law, office procedure, law office mamagement. When I start something I have to see a long term goal, a global idea to keep me motivated…. I will share this with you because in three years, hopefully my idea is up and running by others that I may beable to join… or a little longer. When I retired I always said I was going to travel, RV across country. I have heard of nurses doing this, staying in their RV on hospital grounds while they complete their freelancer stint. This is my vision, RV across country offering administrative, researching skills, my office would be my RV and if I could not connect to a particular office I am sure I could find a camp site. The love of camping and seeing new places and serving those who serve the public just sounds free and exciting… but I contain my excitment for those established to help in the business plan of RV-Paralegals…. anyone have an opinion?
Is there any examples of letters to market yourself to Attorneys?