Finding, Training, and KeepingEditors and Production Staff

ByVickie C. Tatum

State Bar of TexasAustin, Texas

Presented at:ACLEA 38th Mid-Year Meeting

February 2–5, 2002Fort Worth, Texas

Vickie C. TatumState Bar of Texas

Austin, Texas

Vickie Tatum is the director of the Books & Systems Department of the State Bar of Texas. Shereceived her J.D. from the University of Texas at Austin in 1981. She began her State Bar careerby clerking in the General Counsel’s office while she was in law school and her State Bar CLEcareer by summarizing state supreme court opinions for the Texas Lawyer’s Weekly Digest. Sherecently became director of the Books department, after working as a publications attorney in thedepartment for seventeen years. Vickie lives in Austin with her husband, Kenneth Manning.

Finding, Training, and Keeping

Editors and Production Staff

Finding

Casting the net

At the State Bar of Texas, we use the usual methods of finding good employees: ads in the local

newspaper and prayer. You’re on your own as far as prayer goes, but here are some of the things

I’ve learned about advertising.

Writing a job description: The first step in writing a good ad is writing a good job description.

This requires identifying the essential qualities for that position. Is it necessary to have a lawyer in

this job? Does this position require office management skills, or is it really more of a customer

service job? In our department we currently have these positions: (1) publications attorneys, who

are the legal editors and project managers, one of whom is also the department director; (2) copy

editors and production editors; and (3) production/administrative assistants, one of whom is also

the office and budget manager. See Exhibit A for job descriptions for these positions.

Writing the advertisement: Once you have identified the essential qualities for the job, the

challenge becomes how to be brief—ads are expensive, after all—yet compelling. You’ve figured

out what your best catch should look like. Now you have to cast your net in a way that will make

them want to be caught. See Exhibit B for our best efforts to meet this challenge.

Placing the advertisement: Because we are in a large city that is also the state capital and the

home of the state’s largest law school, we rarely have to put ads anywhere other than in the local

newspaper. In other regions, though, it may pay to think about other places to advertise, such as

law school placement offices, newspapers in larger cities, bar journals, or other legal publications.

And don’t forget word of mouth—talk to your volunteers, your ACLEA colleagues, the lawyers in

your community. You might know someone who knows someone who would be perfect for the

job.

Screening

Keyboarding, proofreading, and editing (both copyediting and legal editing) tasks are all suited to

skills testing; we find that screening applicants with these tests can save time and increase the

chances of a good choice. Although it might seem unnecessary to test legal-editing skills, we find

that many intelligent and well-educated lawyers with demonstrated research and writing skills lack

the essential skepticism to be good legal editors. Except for standardized number-matching tests

and spelling tests, we use material from manuscripts in our files to ensure

that the tests are unquestionably relevant to our work. Although it may not be feasible to test all

applicants for a particular job opening at the same time, it is important to ensure that testing

conditions are the same for each.

Aside from skills testing, we try to screen out candidates who might not be happy with our

working conditions. We let everyone know that ours is a relatively quiet and isolated office.

Also, our publications attorneys have to combine a love (or at least a tolerance) for solitary labor

with the ability to interact assertively with committees of volunteer authors who work

collectively to draft and revise material. And perhaps it goes without saying, but anyone

working with volunteers or bar association members must be discreet, respectful, and good

humored.

Probationary period

We have a three-month probationary period for new employees. The idea is to give

everyone—permanent employees as well as the new ones—time to make sure that we’ve all made

the right decision. In some instances, especially for publications attorneys, it’s difficult to ascertain

whether the new employee is indeed a good fit during this short time. But we think it’s important

to have this policy, and we try to keep it in mind, because it’s much easier to let someone go

during the probationary period than it is after it has expired.

Working with freelancers

At different times and for different reasons we have contracted with freelancers to do cite

checking, copy editing, and legal editing. The publications attorneys are generally responsible for

cite checking as part of their legal edit, but if we are in a time crunch we have occasionally hired

law students to do this job. Most of our experience with freelancers is with copy editors and

indexers. Our longtime copy editor retired a few years ago, but she is still the first person we call if

we need extra help on a project. One important thing with freelancers is to make sure their

independent-contractor status is maintained. See Exhibit C for a sample contract for this type of

work.

Training

The best training in editing is hands-on experience and encouragement of questions. We try to

make it clear that there is no such thing as a stupid question, and that, in fact, we depend on

questions as an essential part of the training process. We also provide feedback on trainees’ work

as well as resources and materials for self-training. One important resource is our procedures

manual, a compendium of information about how the department works.

One thing we have found helpful in training new publications attorneys and editors is to get them

in on the final read-through of whatever publication is about to go to the printer. Everyone who

has worked on a book or supplement, and at least one attorney who has NOT worked on it, reads

the final draft and gets together to compare notes. This lets the new editors see the kinds of

questions they ought to be asking themselves, the authors, and the other editors as they go

through a manuscript. It also gives us a pretty good indication of whether we made a good

choice in hiring them. Are they asking good questions themselves? Are they able to stay

engaged and focused, or are they drumming their fingers and breathing loud sighs?

We don’t really do anything special as far as training the production/administrative assistants.

We try to hire people who have good experience and we provide the best and latest software

appropriate to the task and opportunities for training and skills enhancement.

Keeping

Compensation and benefits

Like most CLE publishers and state (or quasi-state) agencies, we can’t pay very much.

Nevertheless, we have found that we can foster an atmosphere that attracts able, intelligent people.

Here are some of the main ways we do that.

Encouragement of continuing education: The publications attorneys have their CLE paid for

by the Bar. Usually they attend one of the Bar’s courses, since, of course, Texas Bar CLE is the

best in the state. But if for some reason another provider’s course is attended, the attorney is

reimbursed for any travel and registration fees for that course. Other kinds of educational

opportunities are also provided, for the other editors and the production staff as well as for the

attorneys. For example, we try to make sure everyone attends Brian Garner’s courses on legal

writing, and we periodically send our people to courses on Word, WordPerfect, Interleaf (our

typesetting system), and other software.

The privilege of serving the state’s best legal minds: The privilege of serving the legal

profession is one of those intangible benefits that we believe attracts and keeps valuable

employees. And even for those who don’t particularly value the opportunity to serve, most people

enjoy working with other brilliant people. For the lawyers, especially, it’s exciting to work with

such legal experts. Our volunteer authors are usually not only experts in their area of the law but

also dedicated to improving the profession. This makes the book-writing meetings educational as

well as interesting and lively.

Flexible work schedules: One of the ways we have kept good people is to adapt to their

changing needs. For example, one of our publications attorneys wanted to resign so he could be a

full-time father. After discussion, and only minimal begging and pleading, he agreed to take the

summer off to be with his children and come back to work in the fall on a part-time basis. Right

now he is sharing a job with our former director who retired two years ago but decided recently

that retirement “didn’t suit her.” They each are responsible for different parts of the same

multivolume publication, the Texas Family Law Practice Manual; one is responsible for the forms

and one takes care of the practice notes. This is the first time we have had a job-share arrangement,

and so far it seems to be working well.

The chance to work with compatible people in a noncompetitive environment: Although some

people thrive on competition, others of us prefer a less combative work environment. Escaping the

adversarial role is a boon for the attorneys, and, for everyone in the department, working with

kindred spirits in a setting in which everyone’s job is of equal importance contributes to the ideal

of teamwork we all want to manifest.

The opportunity to create a tangible, socially beneficial product: Another one of those

intangible but invaluable benefits is the opportunity to create a product—something you can hold

in your hand, admire on your (and hopefully others’) bookshelves, show off to your friends and

family. Everyone knows books are important! And these are books that improve the legal

profession. These are books that make for better lawyers and judges, which in turn make for

better-served clients and the public. These are books that promote liberty and justice for all.

What could be more satisfying than that?

EXHIBIT AJob Descriptions

(Note: salary figures are out of date.)

EXHIBIT BNewspaper Classified Ads

(Note: salary figures are out of date.)

STATE BAR OF TEXAS

STATE BAR OF TEXAS Classified Advertising Order

April 30, 1995

Production Editor Job. No. 141

Production editor for book publishing department. Must have strong editorial and proofreadingskills and excellent knowledge of English grammar and composition. Knowledge of wordprocessing systems needed. WordPerfect a plus. Knowledge of legal terminology and citationform helpful. Bachelor's degree in English or related field and two to five years relatedexperience required. Salary $23,500 plus excellent benefits. Closing date May 19, 1995. OnlyState Bar of Texas applications accepted; resumes may be attached for additional information,but not in lieu of completed application. Apply to State Bar of Texas, 1414 Colorado, Ste 310,Austin, TX 78701, 475-1562. EEO.

STATE BAR OF TEXAS

STATE BAR OF TEXAS Classified Advertising Order

Date: August 9, 1998

Administrative Assistant II Job No. 021

Provides a variety of general administrative support services for the Books and Systemsdepartment. Includes keyboarding edited manuscripts and providing other production andeditorial assistance. Involves frequent contact with State Bar departments, committees, attorneys,judges, and the public, primarily for informational purposes. High school education orequivalent required. Some college or business owrk or at least one year of related workexperience required. Knowledge of Windows and WordPerfect or MS Word required as well asknowledge of or ability to learn Interleaf desktop publishing system. Requires excellentcommunication skills and discretion. Must be able to work under deadline pressure and prioritizemultiple work assignments. Prefer experience with a variety of software applications, includingdesktop publishing. Customer service experience helpful. Starting salary range $20,493 - $22,440 annually, plus excellent benefits. All applications must be received by 1:00 p.m. August 21,1998. Only State Bar of Texas applications accepted. To receive an application and complete jobdescription call 475-1562 or come by 1414 Colorado St.

EXHIBIT CSample Freelancer Contract

STATE BAR OF TEXAS

VENDOR/INDEPENDENT CONTRACTOR SERVICES AGREEMENT

I. GENERAL

This contract for services is by and between the State Bar of Texas and the Vendor identified below.

II. VENDOR INFORMATION

Vendor name: Francine Freelancer

Tax ID (SS No.): 123-45-6789

Address: 123 Main Street Austin, TX 78701

Business phone: 512/123-4567 Residence phone: 512/123-4567 III. DESCRIPTION OF SERVICES TO BE PERFORMED Service date(s): March 19, 2001 through May 1, 2001 Location: off-site Purpose or event: completion of CD to accompany Texas Collections Manual 3d ed

Services provided: proofing/editing material for Texas Collections Manual 3d ed. CD

IV. COMPENSATION SCHEDULE

Preparation fee:

Consulting fee:

Other: $20 per hour/approx 100 hours to complete work

Estimated Total Payment: $2,000 V. MATERIALS AND WORK PRODUCT BELONG TO STATE BAR OF TEXAS Vendor specifically agrees that any materials and work product (including but not limited to printed materials, writings, videos, photographs, recordings, or other reproducible materials) developed pursuant to the services identified in this contract shall be the property of the State Bar of Texas. The State Bar of Texas shall have sole ownership rights to any such materials and work product, including complete copyrights.

VI. VENDOR IS INDEPENDENT CONTRACTOR Vendor acknowledges and agrees that Vendor is an independent contractor, as that term is used in the State of Texas. Vendor has been retained to perform only the services identified in this contract, for the limited time stated herein. Although the State Bar of Texas has the right to secure performance of this contract according to its terms and to accomplish the results contemplated in this contract, the State Bar of Texas does not have the right to control the details, means, or manner of Vendor's performance of the services under this contract. Rather, Vendor has the right to control the progress of the work, except as to final results. Vendor is required to furnish the necessary tools, supplies, and materials to perform the services identified in this contract. Vendor is not an employee

of the State Bar of Texas, and Vendor is solely responsible for the payment of any taxes, social security, Medicare, or other payments which might be due under any applicable laws, rules, or regulations, as a result of monies paid under this contract. Vendor is

solely responsible for providing Vendor's own health, disability, liability, and other insurances.

VII. DISPUTES Should a dispute arise concerning the terms of this contract, or the services identified in this contract, Vendor and the State Bar of Texas agree that any lawsuits or contested actions shall be brought in Travis County, Texas, and that Texas law shall apply.

VENDORSTATE BAR OF TEXAS By: (signature)By: (signature) Name: Name: Antonio Alvarado Title: Title: Executive Director Date:Date: