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Training

By Ray L. Weaver. Training. A . Define Mission B . List Systems & Processes in Mission C . Define Powers of Programs D. List all Partners at all levels – Federal, state & Community E. Define available resources F. Define goals – level of operation

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Training

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  1. By Ray L. Weaver Training

  2. A. Define Mission B. List Systems & Processes in Mission C. Define Powers of Programs D. List all Partners at all levels – Federal, state & Community E. Define available resources F. Define goals – level of operation G. Define skills needed at every level H. Define how each position relates to all others I. Define training backgrounds available 1. Paralegal College Certificates 2. Paralegal Institutes 3. Internal training sources 4. “On the job” training 5. Online training J. Determine evaluation methods I. Aligning with the Mission:

  3. A. Internal Controls – • 1. Supervision • 2. Attorneys • B. External Expectations • 1. Supreme Court Rules • a. Unauthorized practice of law • b. Sanctions • 2. Know rules – • a. Auspices of attorney • b. No legal advice • c. But, understand legal substantive & procedural elements II. Creating each job

  4. A. Malpractice – mistakes through incompetence • B. Ethics – prohibited practices with sanctions • 1. Loss of bar license • 2.. Paralegal gets fired or goes to jail • C. Common Denominator – Competence • D. Continuing Education – Conferences or online III. Competence

  5. A. Tasks – • 1. Essential • 2. Tangential – “Other Related Duties.” B.Flowcharts to show systems & lines of responsibility • 1. Linkage – what dollar resources must be allocated? • a. For the worker to perform the job well • b. For the agency to supervise the performance • 2. What qualifications of the workers are needed? • a. Minimum necessary • b. Desirable skills • c. Years of experience (minimum & maximum) C. Monitoring productivity & Quality • 1. Measurement • 2. Avoiding discrimination – consistency IV. What does Each job do?

  6. A. Sequence of events B. Direct impact as a result of activity or choice C. Collateral impact Rights =→ Duties = ~» V. Legal analysis language

  7. Flowcharting – Process symbols Initiate or end = Task or action = Document = Decision point = Direction of = VI. Flowcharting activity

  8. A. First Train Supervisors to ensure uniformity B. Understanding supervision & details of jobs performed C. No discrimination D. Thorough understanding of rules & expectations E. Fairness (same questions to all) F. Clearly stated Qualifications G. Depends on level of Education H. Legal of Communication – written & oral I. Interview Written vs. Oral Aspects J. Witnesses VII. Advertising and Interviewing

  9. A. CO is an “At Will” state by statute – terminate for no reason 1. Exception - Unions and by agreement – only on “just cause.” 2. 1st telephone call to inquirebegins process B. If hired, most employers have a Probationary Period of 30, 60, or 90 days C. Employers can extend period If employee shows promise D. Right to Terminate at the conclusion of the Probationary Period E. Published employment policy like handbook 1. State policies (compliance expected) and penalties 2. Allow for flexibility and modification 3. Do not include terms like a. “Permanent” – use regular full-time b. A defined time period for job VIII. At-will vs. probationary

  10. A. Encourage self-direction B. View mistakes as learning opportunities C. Willingness to change systems and structures D. Welcome and support emotions in the process E. Celebrate leaning as a process F. Celebrate all learners equally G. Transfer knowledge H. Encourage self-evaluation I. Do not limit intelligence J. Value diversity in learning styles K. Recognize diversity in thinking and communicating L. Encourage conflict of perspective M. Recognize logic, morals, and fun as part of the process N. Encourage dialogue O. Reexamine and investigate – no exceptions IX.Promoting a learning environment

  11. X. Types – • A. Written & Face to Face for a Period (classroom style) • B. Access to online resources for training & confirmation • C. On the job • XI. How do you tell if it’s working? – Measurements? • A. Quality vs. Numbers • B. Consistency among supervisors • C. Probationary Period? • D. Longer time workers? • XII. Remedial Training • A. How to tell when needed • 1. Frequent mistakes • 2. Productivity Low • B. How to transition to discipline • 1. If remedial training fails • 2. Or, refusal to adjust X. Initial training

  12. XIII. Purpose – FEEDBACK – (Good or bad) A. Identifying and remedying Problematic behavior B. Consistent to avoid discrimination claims XIV. Three types of Performance Evaluations A. Management by Objective (MB0) 1. Agreed objectives to be met (corrected) 2. Within time frame B. The Checklist System (applied on regular schedule) 1. List of behaviors 2. Related to job performed C. The Summated Scale 1. List of behaviors 2. Counts the number of times achieved 3. Including desirable and (staying away from) undesirable traits Evaluations

  13. A. Train evaluators • B. Direct observations of employees • C. Substance of Evaluations • 1. Objective Considerations – measure and count • 2. Subjective Considerations – examples of problems • D. Logistics • 1. Notice of intent to conduct • 2. Time frame covered • 3. How results will be used • 4. Worker should sign evaluation • 5. Copy in personnel files XVI. Promotions • A. Accept applications • B. Do not limit to higher levels or to “most qualified’ XV. Framework for evaluations

  14. A. Who is responsible? • B. Progressive discipline for poor performance • 1. Verbal (1, 2, or 3?) • 2. Written (1,2, or 3?) • 3. Suspension? • 4. Termination? • C. Purpose – Opportunity to correct conduct or for more • training – • 1. Document in personnel file at all steps) • 2. “Will be removed after period of time if no • furtherproblems.”) XVII.Discipline

  15. D. Counseling – Gives notice & opportunity to correct or clarify E. Verbal Warning – Notice – note in file – Start of Formal discipline 1. Opportunity to correct – or, expect next step 2. Notation in file of 1st verbal warning, some give as many as 3 F. Written Warning - 1. State problem clearly – how to fix 2. Copy to worker G. Suspension – Severity determines length 1. Written, – unpaid leave 2. Repeat history of discipline 3. Put document in personnel file. H. Termination – D is covered if each step is documented XVIII. Steps in progressive discipline

  16. Historical forces effecting Family Law A. Rules that govern marriage 1. 1stchurch, then state, now federal 2. Rights and duties between parties 3. Children were chattel (property) with no rights B. Gender – 1. Woman had no rights – still the same in many parts of world 2. Man was the marriage 3. Children ranked in order of birth for rights C. Federal encroachments 1. Paternity, taxes, bankruptcy, I/S Custody 2. Then, Child Support Enforcement D. Marriages are contracts (H, W, Gov.) – Consideration? 1. Historical - Promises made 2. Now, economic union 3. Alternatives - be single parents XIX. Basic concepts for CSE training

  17. F. Science and the Law 1. Paternity a. Lord Mansfield Rule - child is issue of marriage b. Then, DNA Testing c. Surrogate mothers 2. Motherhood and fertility G. Same Sex Unions 1. Civil Unions – CO 2. Marriage – DOMA – no federal taxes 3. Adoptions – exporting of children – some legal, some not H. Terminated by 1. Dissolution 2. Declaration of Invalidity XX. New events

  18. II. Proceedings A. Illegitimacy 1. Historical – Born out of marriage – no rights – filius nullius 2. Child blamed – no rights 3. Now - All rights/inherit, torts, Workers’ comp, Soc. Sec. (if dependent) B. Artificial Insemination – child protected III. Why establish? Legitimating and Paternity A. Why do legitimation? –all rights, plus medical DNA B. Legal processes 1. Written acknowledgement – affidavit or birth certificate 2. Marriage, before or after birth 3. Voluntary or involuntary legal action, and 4. In CO support obligation begins pre-natal XXI. parenthood

  19. C.Jurisdiction requirements to establish parentage • 1. Personal, or • 2. Long-arm jurisdiction, if child conceived in state (minimal contacts) • D. Lord Mansfield Rule weakened in Co • E. Standing – 3rd party incursions (affairs in marriage) • 1. Most states do not allow , but CO allows action within5 years of DOB • 2. CO generally favors Husband over natural (bio) father. IV. Switch to science and technology – • A. At first, jury trials, • B. Then, tests - A, B, O, to HLA, to DNA, to chromosome Parenthood

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