Monthly Archives: November 2011

Training Paralegal – Trademark Law in Your Training Paralegal

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Training Paralegal – Trademark Law in Your Training Paralegal

As paralegals or training paralegal increasingly seek out specialty practice areas to suit their interests and skills, niche fields such as trademark law have become more prevalent in the training paralegal or paralegal profession. Attending an accredited training paralegal program gives you the opportunity to learn about the concepts, practice and nuances of trademark law.

Owning intellectual property (IP) is similar to owning other types of property: you have the right to keep others from using that property without your permission, or you can license or sell it. In fact, as a trademark paralegal, part of your job description is to help clients protect and maintain ownership of their intellectual property.

Training Paralegal - Learn About Trademarks During Your Paralegal Training

A trademark is a word, symbol, logo or slogan that identifies a company, product or service. Companies use trademarks to set them apart from their competitors and create “branding,” helping to generate consumer identification, goodwill and loyalty toward that company and its products or services. Because trademarks are such a critical aspect of any company’s marketing strategy—and thus of their bottom line—they are valuable assets that must be protected.

If you are interested in specializing in trademark law, take an elective class on IP during your training paralegal program, do some independent research, and join groups interested in this form of IP, whether on campus or online. This will supplement what you learn in your training paralegal and give you an advantage when you’re looking for a job as a trademark paralegal.

Your training paralegal will teach you the three key roles that paralegals play in the trademark process: registering and renewing trademarks, protecting company trademarks, and seeking injunctions or damages if someone illegally uses a company trademark. Each of these paralegal tasks is discussed below.

Training Paralegal - Registering Trademarks with the PTO

 

paralegal training trademark Training Paralegal Trademark Law in Your Training ParalegalOnly certain terms or symbols can become trademarks. If the U.S. Patent and Trademark Office (USPTO) determines that a mark is just an adornment, it will refuse to grant trademark status.

Your training paralegal will teach you that a generic term may never function as a trademark. “Television” and “laptop” describe classes of goods, so no individual producer of TVs or computers can acquire a trademark solely for one of those terms. Experienced paralegals know that trademarks which are unusual and fanciful, easily recognizable, and which will resonate with potential customers are the most valuable.

Before applying for a trademark, a lawyer will ask a paralegal to research other marks that are similar to the one the company wants to use. The lawyer will evaluate whether the company has a good chance of getting trademark protection for that mark. If a proposed mark is sufficiently different from all others in a similar industry, a paralegal can registered it with the USPTO.

After submitting the application, the company must use the TM symbol with the mark. This signifies that it has applied for a trademark, but that the application has not yet been accepted. Once the USPTO accepts a trademark application, the company must use the ®symbol to indicate that the mark has been registered.

Training Paralegal -Protecting Your Company’s Trademarks

Trademark law grants protection to the person or company that first uses a mark in commerce, so it is important as a trademark paralegal to verify that your client is truly the first. If not, you’ll want to make sure that employees do not use another company’s mark and infringe on its IP rights.

Paralegals often help educate company employees and clients on the proper use of trademark symbols, and they check to make sure they are using the symbols consistently.

It is also a paralegal’s responsibility to inventory the trademarks of client companies and regularly renew those trademarks with the USPTO. If you don’t file a “Declaration of Continued Use” on time, the client forfeits the trademark and loses valuable intellectual property.

Training Paralegal - Learn About Policing Trademarks in Your Paralegal Training

Once you have registered a trademark for a client, it is your responsibility to ensure that no one else uses it. Trademark paralegals may do periodic searches to see if anyone is using a mark similar to one of theirs. If paralegals find a potential trademark infringement, they discuss strategy with their managing attorney, and will often send a cease-and-desist letter to the offender.

Training Paralegal - Other Legal Remedies

  • Training Paralegal - Alternate dispute resolution: if you are unable to negotiate a settlement over a trademark infringement, alternate dispute resolution such as arbitration and mediation is a cost-effective way for parties to come to a mutually beneficial resolution to trademark disputes.
  • Training Paralegal - Litigation: If all else fails, your company can sue the infringing party. Filing a summons and complaint may enter the realm of the litigation paralegal, but normally trademark lawyers and paralegals handle trademark litigation.
Training Paralegal - Paralegal Training Offers Career Options

If you’re thinking of becoming a paralegal, you may want to consider trademark law as your paralegal specialty. It’s a great idea to investigate these specialty career choices before or during your training paralegal, so you can take advantage of course offerings before you graduate.

If you decide on trademark law, get all of the additional education you can before you enter the job market. This will give you the extra credentials to market yourself for the right job, as well as the knowledge and experience to land the job once you get that well-deserved interview.

Find more about Training Paralegal articel from
http://www.allcriminaljusticeschools.com/legal-careers/paralegal/paralegal-training-trademarks or just click here Training Paralegal to go there.

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Training Paralegal – Paralegal Career Opportunities

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Training Paralegal – Paralegal Career Opportunities Strong Despite Slow Economy
by JAMES MADEIROS

Paralegals or training paralegal and legal assistants are the backbone of the legal profession. While attorneys assume ultimate responsibility for the work and are the ones subjected to the consequences of legal actions, it is the attorney’s paralegal or training paralegal that provides much of the expertise required in the job.

These legal professionals are responsible for a wide range of duties and are taking on more and more in the modern law office. They draft motions and legal memoranda, identify and review relevant law and schedule appointments and meetings with clients and the court.

And, these opportunities are growing. Over the past few years paralegal or training paralegal jobs have ranked among the top opportunities in the workforce. The simple fact is that the law is a self-sustaining career field, because it is constantly changing and people will always need professionals who can interpret these changes and provide quality legal service.

paralegal career outlook Training Paralegal Paralegal Career OpportunitiesIt’s true that the recent economic recession has taken its toll in the legal sector. As predicted, law firms have entered into a period of retention and hiring cutbacks, and even layoffs in some severely impacted markets. Dwindling capital means there is less money to initiate legal actions as well as less to win if victorious.

The important distinction is that this downturn is impacting law firms; paralegal or training paralegal firms and contract legal professionals are rising up to fill the void that shrinking firms have left in the market. This newer niche combined with traditional paralegal or training paralegal opportunities increase job prospects for the qualified paralegal or training paralegal.

The obvious discrepancy in earnings leaves many prospective paralegals or training paralegal to ask: If being a paralegal or training paralegal requires specialized training and they do all of the work except give legal advice and appear in court, why do they earn less than attorneys?

There are a few reasons.

The first is that it takes three years to earn a law degree and can easily cost more than $100,000 in tuition and fees, in addition to the cost of the required four-year bachelor’s degree. Second, attorneys do assume all of the responsibility, which means they incur heavy costs for malpractice insurance. Finally, would-be attorneys assume the risk that they will actually pass the Bar exam and find jobs as attorneys, which is proving to be a very steep gamble in the current economy.

A paralegal or training paralegal education, by comparison, can be completed for less than one-third the cost and in less than two years, as opposed to the seven total years required for a law degree. Perhaps more importantly, there is a much better chance that a paralegal or training paralegal will exit his or her training with the guarantee of employment, with a yearly salary at a median of $46,120.

Reviewing these statistics and projections, it is easy to see that the ratio of risk versus reward is in the prospective paralegals or training paralegal favor, making this career field a wise choice for any ambitious high school graduate.

Find more about Training Paralegal articel here :
http://www.criminaljusticedegreeschools.com/paralegal-career-opportunities-strong-despite-slow-economy-0306111/ or just click Training Paralegal to go there.

Training Paralegal – How to Hire the Ideal One

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How to Hire the Ideal Paralegal, Training Paralegal or Legal Secretary

Author: Annie G. Reed, M.A., J.D.

The objective of this article is to provide useful and practical tips to attorneys and law office managers on recruiting and selecting the ideal staff. Solo practitioners, for the most part, are computer literate and have the ability to manage most of their administrative and/or secretarial tasks without having to hire a full-time employee. A common perception among solo practitioners is akin to the lone ranger – thinking that if the job is to be done right, it must be done alone and without anyone else’s help.
Training Paralegal
Small law firms operate in a remarkably similar fashion. And, just because a larger law firm has a department dedicated to hiring legal staff or training paralegal doesn’t mean the ideal person is recruited and selected. Notice I say “ideal” – not the “perfect” person. Perfection doesn’t exist so stop dreaming. Take an honest and objective look at the actual daily rate of productivity and production output from your law practice. Hiring an employee, regardless of whether or not it is your first employee, is a positive step toward managing an effective practice. Skilled support staff and effective production management creates a solid foundation for growth and prosperity.

Training Paralegal – How to Hire the Ideal One

Ask yourself : (1) Who is currently producing the work? (2) What am I doing that could be delegated? (3) Where can I make changes? (4) How can I make better use of my time?

What is the difference between a legal secretary and a paralegal or training paralegal? Due to the fact that both positions are task-oriented, evaluate the production needs of the practice instead of being driven by the title. Basically, a legal secretary reproduces work while a paralegal  or training paralegal composes the work and assists with legal analysis, research and writing. Both positions cover administrative tasks such as dealing with the courts, investigators, process servers, case management, and word processing.  What about certification? In California, (CA Business & Professions §6450), there are stringent requirements for hiring paralegal or training paralegal and the statute mandates continuing legal education for training paralegal or paralegals and prohibits paralegals or training paralegal from working directly with the public. Even if your jurisdiction does not regulate paralegal or training paralegal in this fashion, a condition of employment that candidates hold a certificate of completion (from a reputable and credible paralegal or training paralegal program) is a best practice. For legal secretaries, there are also certification programs through schools and professional organizations. What about on-the-job training without a certificate?  Again, the search for the “ideal” candidate is inclusive and all factors should be considered. But, before you hire any support staff, make sure that you understand the differences and distinctions between job titles.

Training Paralegal – 10 step to recruiting 

Here’s a 10-step approach to recruiting for the ideal, not perfect, candidate:

Step One
Maximize your resources and seek out legal-related networking channels like bar association meetings, legal networking groups, and of course, general word-of-mouth.

logo wo tagline small Training Paralegal How to Hire the Ideal One
Step Two
Conduct online research through your local or state bar association on current salaries for specific support staff positions. A great online resource is www.bls.gov. Talk to other law office administrators, the career development office at paralegal or training paralegal and legal secretary schools, or employment agencies specializing in legal staffing.

Step Three
Be creative in scheduling by offering flexible hours, 4-day work-weeks and/or externship opportunities to students interested in working in a law office.

Step Four
Consult with human resource/law office managers on how to properly write job descriptions and employee handbooks. A great online resource is www.pihra.org (Professionals in Human Resources Association).

Step Five
Read books or take continuing education courses on law office management.

Training Paralegal- 10 step

Step Six
After interviewing candidates, make sure you verify and authenticate the candidate’s prior work history, references, certificates, and/or degrees. In today’s highly competitive market, people have resorted to misrepresenting and embellishing the content of their resume to gain employment. If you are not comfortable with this aspect of the process, you can hire a human resource consultant or an employee investigations firm to conduct the research.

Step Seven
When writing the job listing, make sure the tasks and duties are clearly defined. Refrain from using general phrases such as “Law office seeking litigation paralegal or training paralegal.” Be specific and descriptive in “what” you want. For example, “Law office seeking certified paralegal or training paralegal to conduct extensive legal research, draft motions, interrogatories, and prepare trial notebooks.” Remember the objective is to match the candidate’s skills with the office’s production needs.

Step Eight
Conducting an effective interview takes preparation and practice. Construct and ask open-ended questions for the purpose of eliciting the candidate’s thinking processes and of course, their abilities. For example, “Please tell me how you would handle . . .” or “Describe, in detail, the litigation process in your experience.” Refrain from asking questions that call for a “yes or no” answer as well.

Step Nine
Even if you are working with an employment agency, always administer a substantive and procedural skills and performance test to evaluate competencies. Employment agencies give the same series of tests to each candidate to get a basic feel for the candidate’s abilities, which may or may not be enough for your production expectations.

Step Ten
Make sure your office has a professional appearance.  Remember, the candidate is also interviewing you.

Training Paralegal

How about hiring a temporary paralegal, training paralegal or legal secretary? Firms can realize significant savings and other employee-related costs by hiring temporary workers. Many solo practitioners and large firms engage temporary help on a long-term basis commonly known as “temp-to-perm.”  This popular option is ideal if the firm has large litigation projects, going through a transition, or wants to “audition” the candidate.  If you are considering this route, choose an employment agency that specializes in legal temporary help. In addition to hiring an employment agency, law offices can also advertise temp-to-perm or straight temporary jobs directly to candidates through internet job sites, schools, state unemployment agencies, legal newspapers and other similar delivery systems.
Training Paralegal
Hiring the ideal paralegal, training paralegal or legal secretary can take time. If you follow the easy steps outlined here, the process can be a rewarding and satisfying experience. After all, the workplace environment is like a family, except in this case, firms can choose their employees.

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Training Paralegal – PARALEGAL CERTIFICATE PROGRAM

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Training Paralegal – PARALEGAL CERTIFICATE PROGRAM

A paralegal certificate program can provide a person who wants to work in the legal profession the opportunity to fulfill that ambition without prior college experience. Paralegals or training paralegal are persons who assist lawyers in their profession of advocating for the law. The US Bureau of Labor Statistics says that the need for paralegal or training paralegal will grow at a faster rate than the average for all occupations through 2014. Through a certificate program consisting roughly of sixty college credit hours of instruction, a person can achieve a position paralegal or training paralegal  in a law firm that can pay over fifty thousand dollars per year after twenty years of experience. It is an honorable profession and one that is sorely needed in many law firms across the country.

Training Paralegal

training paralegal5 Training Paralegal PARALEGAL CERTIFICATE PROGRAMMany college graduates who may have a hard time finding work in their chosen profession can do entry level paralegal work or training paralegal without a paralegal certificate program. To be honest, entry level PL work can be pretty boring. Hours of document copying, collating, filing documenting and other related work. Sometimes interviewing of witnesses may be on the job description, but it really is more about the more mundane responsibilities. The hours may not be as routine as one might hope for the average twenty-one thousand dollars to start. That’s the average amount an entry level paralegal or training paralegal  makes per year. Hours may sometimes go into the weekends, especially if there is a big case coming up. But if a person makes this vocation a life-long commitment, more opportunities within the firm can arise, allowing for exciting work and responsibilities as well as higher pay.

Paralegal or training paralegals are not able to offer legal services themselves because the government does not recognize a paralegal or training paralegal as an officer of the court and are not under the same kinds of rules of conduct as are attorneys. In an effort to cut down on expenses to much higher paid attorneys, many companies are turning to paralegal or training paralegal to do the work that the lawyers has been doing in the past. However, paralegal or training paralegal  are specifically forbidden by law to set fee schedules, give legal advice and presenting cases in court. While many who perform paralegal or training paralegal work for attorneys are not professionally trained, there are many who seek the paralegal certificate program diploma and its inherent recognition that the person is interested in furthering their career through education. Finding a place to train and receive paralegal certificate program recognition can be done at most junior colleges as well as at plenty of online educational provider websites. Here is what a person can expect:

Training Paralegal

Not all certificate program offerings are the same. Some are twenty five credit hours while others are longer, but more doesn’t necessarily mean better. What can be expected are a number of introductory courses to basic law fundamentals. Most courses offer an oversight of the American court and legal system, a study of torts and personal injury cases, family law, criminal law, real estate regulations and law,business law and legal writing. If a person has had difficulty in school with English and communication, this could present a problem in the pursuit of the paralegal certificate program diploma. In addition to these required courses, a number of electives are also available, meant to enhance the future PL’s understanding of legal matters. “Seek the Lord and His strength; seek His face evermore and remember His marvelous works that he hath done; His wonders and the judgments of his mouth.” (Psalm 105:4, 5)

Since about one thousand colleges and universities offer training paralegal their certificate program often gets more attention from potential employers than the online providers. The programs that are approved by the American Bar Association are the ones that a person considering such training ought to lean toward. Many of these programs allow and encourage an internship in various places like a private law firm, corporate legal department, legal aid organization or other government agency. These internships go a long way towards giving a potential employer a more favorable opinion of the one working through a paralegal certificate program. In addition to seeking a certification diploma, a future paralegal or training paralegal might want to consider getting into the National Federation of Paralegals upon graduation. A strong emphasis on continuing education will help the PL keep abreast of the continuing changes in the law. And as a PL gains more and more experience, management of other staff and newer PLs will probably be part of the job requirements as well as doing some traveling for the attorney to check records and interview witnesses.

training paralegal

Graduates of college can usually get through a paralegal certificate program in a few months. Those with no college degree may take a year or more to complete the program, but as stated earlier, each on is different and so research should be undertaken to find out the best paralegal certificate program for you. Paying for this education can be done through student loans to colleges and universities and those online schools that qualify for federal loans. Online providers may have some resources to help finance the education and that information can be gleaned at the initial phone call. Before investing money in any program, do some extensive job shadowing with paralegal or training paralegal at different locations to see not only what they job is all about but also find out their feelings about the job and their long term future in the field. Getting into the paralegal or training paralegal profession may lead a person down the road from paralegal or training paralegal  to becoming an attorney!

This Training Paralegal  is from http://www.christianet.com/businesstraining/paralegalcertificateprogram.htm or you can click Training Paralegal  to get there

 

Training Paralegal : What is a Paralegal?

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Training Paralegal Job Description: What is a Paralegal?

wide smile woman Training Paralegal : What is a Paralegal?

If you’ve ever asked “What is a paralegal?” “What do Training Paralegal and paralegals do?” or “How much do paralegals make?” you’ll find answers to these questions and more in our paralegal job description.

If you are interested in legal work but don’t have several years to devote to law school, a training paralegal or paralegal career may be right for you.

While attorneys assume ultimate responsibility for their legal services, training paralegal and paralegals assist them in almost every aspect of their work.

As one of the fastest growing careers in the U.S., you’ll find plenty of entry-level paralegal jobs in every part of the country.

Training Paralegal What Do Paralegals Do?

A paralegal and training paralegal job gives a lot of flexibility. The only legal services that paralegals can’t perform are presenting cases in a court, giving legal advice, setting fees and accepting cases. That leaves a wide variety of legal duties that paralegals can perform.

In general, training paralegal or paralegals assist attorneys in preparing for closings, hearing, trials and corporate meetings in many ways. A typical training paralegal or paralegal job description might look like the following:

  • Researching legal documents
  • Drafting contracts, mortgages, separation agreements and trust instruments
  • Helping prepare legal arguments, draft pleadings and motions
  • Investigating cases
  • Locating witnesses
  • Obtaining affidavits and organizing depositions
  • Organizing and tracking case files
  • Providing trial assistance

Depending on where you live and what area of the law you specialize in, your job description can vary.  See Paralegal Practice Areas and Specialties for more information about the duties performed by paralegals and legal assistants working in specialty fields.

As demand for training paralegal and paralegals increases, trained paralegals will enjoy a broad selection of paralegal job opportunities and options for professional growth. According to the U.S. Bureau of Labor Statistics (BLS), paralegals hold jobs in one of the 30 fastest growing fields in the U.S. (through 2018).

Training Paralegal  Paralegal Job Description: Workplace

Paralegals, training paralegal and legal assistants held about 263,800 paralegal jobs in 2009. Private law firms employed almost three out of four paralegals; most of the remainder worked in government jobs and corporate legal departments.

Within the federal government, the U.S. Department of Justice is the largest employer, followed by the Social Security Administration and the U.S. Department of the Treasury. A small number work in freelance of training paralegal and paralegal jobs, contracting services to attorneys or corporate legal departments.

Most training paralegal and paralegal spend their time at their computer or doing research in a legal library. In law firms, paralegals typically enjoy nice offices and well-appointed surroundings. Government or corporate paralegals often work in cubicles or shared office space.

Training Paralegal : Paralegal Education and Training

If you want to get a training paralegal or paralegal job, the best way to achieve your goal is to get a paralegal degree. Paralegal programs usually include courses that introduce students to law and legal research methods. Furthermore, you may study a specialized legal area, such as employment or real estate law. Private employers may prefer applicants with this type of training, since their firm may focus on a specialized field.

There are several options for study when pursuing a training paralegal or paralegal career. The most common are a paralegal associate’s degree or certificate program offered through private and community colleges.

Associate’s degree programs typically last two years when attended full time, and certificate programs can range from three to 24 months. A small number of schools also offer bachelor’s and master’s degrees in paralegal studies. An associate’s degree will prepare you for an entry-level training paralegal and paralegal job.

And while some employers still train paralegals on the job, this practice has become less prevalent as the career has evolved and paralegals have taken on increased responsibilities.

Training Paralegal : Paralegal Licensing and Certification

Paralegal certification is voluntary, but certified paralegals may be viewed more favorably by employers, earn more money, and get some of the better paralegal jobs. Certification is granted by three professional organizations:

  • National Association of Legal Assistants – Grants the Certified Legal Assistant/Certified Paralegal (CLA/CP) designation.
  • National Federation of Paralegal Associations – Grants the Registered Paralegal (RP) distinction.
  • American Alliance of Paralegals – Administers the American Alliance Certification Program (AACP).

Each type of certification requires a different combination of education and paralegal job experience. CLA/CP and RP certifications require paralegals to pass a standardized exam. More information on specific certification requirements is included in our paralegal certification article.

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