Attorney: Paralegals have tougher job, deserve more respect

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By DIANA SMITH, Staff Writer

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Marcy J. Lamar is special counsel with McKay Cauthen Settana & Stubley in Columbia, where she practices workers’ compensation law.

She is co-author in multiple editions of The Law of Workers’ Compensation Insurance in South Carolina and a member of several professional associations, including the American Bar Association, Richland County Bar Association, S.C. Defense Trial Attorneys’ Association and the Young Lawyers Division of the S.C. Bar.

Lamar graduated from the University of South Carolina School of Law in 1998. 

SCLW:  Who was your most influential professor in law school and why?

Lamar: While I had several professors who were influential, without a doubt the most influential professor to me was Stan Lacy, who taught workers’ compensation law.

Professor Lacy had a unique way of teaching that made learning fun and interesting. I believe he was successful because he was co-managing a thriving workers’ compensation law firm at the same time he was teaching at the law school.

Every one of his lectures involved stories of workers’ comp cases that he had tried. Some were funny and others were serious, yet each of these stories had teachable moments. Specifically, he was never afraid to inform his students of mistakes he had made and what he learned from them or to praise opposing counsel when they made a successful strategic decision that won them the case and what that taught him.

By doing so, Professor Lacy enforced an important lesson that all law students should be taught – no attorney is perfect and all attorneys will make a mistake or two (or more) during their practice. However, it is what that attorney does after making a mistake that is crucial. Does he hide the mistake from his client or does he own up to it? Does he carefully think about how the mistake was made and learn how to never make it again or does he ignore it and simply move on?

In addition, Professor Lacy’s lectures taught me what the actual practice of workers’ compensation law would be like rather than simply teaching the theory of workers’ compensation law which, in all honesty, would have bored me to death.

SCLW: What is the most unusual thing on your desk or in your office?

Lamar: I have a giant preserved palm tree in my office that looks very real, yet I have a tendency to get hit in the face quite often as the fronds are so big! This tree has been in my office since I began practicing 13 years ago as my mother, who was an interior designer, decorated my office and put it there. Despite my objections over the palm tree, it remained in my office as she was a very persuasive woman (not to mention it was so big that I could never move it).

Today, however, that tree means so much to me and it will always stay where it is. The reason for my change of heart regarding the palm tree is because exactly one year ago, my mother (and best friend) suddenly passed away. Therefore, the giant tree I once could not stand is now one of the favorite things in my office as it reminds me of my mother every day when I look at it.

SCLW: What is the strangest or funniest courtroom or mediation gaffe that you have seen?

Lamar:  Since I cannot seem to choose just one, I’ll reveal a few.

I was very fortunate in that I was given my own cases to handle shortly after receiving my law degree. Yet several of my first depositions and hearings did not go as smoothly as anticipated.  Specifically, several of the opposing attorneys, witnesses and commissioners would not believe I was an attorney and instead assumed I was the court reporter, despite my numerous statements to the contrary. Apparently it was hard for them to believe that I was given the opportunity to try cases so soon after graduating law school at age 26.

While I repeatedly explained to them that I was counsel for the defense, some refused to believe me. Therefore, I would actually have to call my law firm to have them verify that I was an attorney.

Those experiences became a little too common that I eventually learned to walk into a deposition or courtroom and before anyone could open their mouth or tell me where to set up my court reporting devices, I would immediately introduce myself as attorney for the defense. As a result, these incidents eventually subsided and now I am able to joke and laugh about the past with some of those same attorneys and former commissioners.

Other strange/funny courtroom experiences I’ve observed firsthand are:

• A claimant leaping across the table to grab me during a hearing because he was upset that I caught him not being truthful;
• A former commissioner reading the newspaper during a hearing;
• A former commissioner falling asleep during appellate oral arguments.

SCLW: What is the CLE you would most like to see offered? Feel free to be serious or fanciful.

Lamar: I am sure CLEs like this have been offered, but I would like to see an all-female seminar where you have seasoned female attorneys who have managed to be a partner at a law firm or even open their own law firm while at the same time raising children, being a good wife, maintaining their friendships and taking time out to nourish both body and soul. At different points in your life, there always appears to be one important part of your life that is neglected for another important part of your life. Therefore, I believe obtaining advice from other women attorneys that have been able to successfully juggle all these aspects would be a great CLE.

In addition, I believe a similar seminar that is not limited to just women would be helpful as I believe all attorneys should gain valuable information on how to make that balance between your career, your family life and yourself.

Other CLEs that may be of interest are: 

• Social networking and the ethical issues that can arise;
• Risk management in this economic climate;
• The billable hour debate that seems to be a popular topic of discussion;
• Having a professional lawyer-coach give a CLE on business development (how to get and keep new clients); practice management (how to run your practice efficiently) and career development (how to make the right choices at transition points in your career).

SCLW:  Which job would you not want to have and why?

Lamar: The legal job I would not want to have is that of a paralegal as I believe their job is much tougher than that of an attorney. Paralegals must know all the particulars of the rules and procedures of the field of law in which they are working. They are responsible for knowing every deadline and making sure their attorney is properly notified of all deadlines.

Moreover, paralegals have to put up with us attorneys and must be on our timeline in terms of getting filings and other court documents out the door as well as anything else. I am in awe of the job that paralegals do and know that my job would be impossible to properly perform without my paralegal. I believe all paralegals deserve more respect than they are given.

Editor’s note: If you would like to participate in a Q&A interview, contact Diana Smith at [email protected].