Insights from JMW Paralegal Services, LLC

Welcome to our blog, where we delve into critical updates and trends impacting the paralegal profession. Our aim is to share our expertise, offering valuable insights into topics such as changes in Texas Rules of Civil Procedure and other developments that shape our field. Stay informed and connected with high-quality attorney support.

Update to Texas Rules of Civil Procedure regarding Motions for Summary Judgment (March 4, 2026)

 

During the 2025 Texas Legislative Session, members voted to pass Senate Bill 293 and House Bill 16 that mandated a revision to Texas Rules of Civil Procedure 166a, the rule governing motions for summary judgment. Before the change, if a motion for summary judgment was filed in a case, the party filing the motion would have to give the opposing side at least 21 days notice of the hearing set to hear the motion. Effective March 1, 2026, respondents now have 21 days from the date of service in which to file their response. Additionally, the court cannot set the motion for hearing within 35 days after filing. Then, the court must set the motion for hearing or submission 60 days after the filing of the motion, or 90 days after the filing (a) if the court's docket so requires, (b) on a showing of good cause, or (c) if the movant agrees. Tex. R. Civ. P. 166a(g). This will require paralegals to be diligent with calendaring response deadlines for their attorneys and ensure they have all the materials needed to present their response. After the hearing or submission, the court will have 90 days to issue their ruling and notify the parties. Tex. R. Civ. P. 166a(i).

 

A few other changes included in the revision: The motion must be titled “Traditional,” “No-Evidence,” or “Combined Motion for Traditional and No-Evidence Summary Judgment;” if a party desires an oral hearing, the request must be included in the title; both parties must submit proposed orders before the hearing or submission date; the reply may not raise new or independent summary judgment grounds; and any withdrawal of the motion must be formally filed and must identify the original filing date of the motion. Also, clerks are required to report quarterly to the Office of Court Administration, who will  publish an annual public report for compliance purposes. Finally, legal standards for granting or denying remain unchanged: no genuine issue of material fact; movant entitled to judgment as matter of law.

 

Before this change, motions for summary judgment could sit on a court's docket for months, severely curtailing resolving a case. This rule change is designed to assist both the parties and the courts to more effortlessly bring cases to a resolution. (See https://versustexas.com/blog/motion-for-summary-judgment-rule-changes/).

 

Advantages & Disadvantages of Contracting with a Freelance Paralegal (July 29, 2026)

When I have spoken with attorneys about my services, several have asked me what are the advantages and disadvantages of using a freelance paralegal. What is a typical day for a freelancer? Would I be open to working in their office or will I work strictly from home?

A freelance paralegal can be utilized to meet many needs of the firm. This may include document drafting, document review, legal research, assisting with scheduling, or trial prep. The ways in which a freelance paralegal may be used are too numerous to list out. For any attorneys considering a freelance paralegal, here are some advantages and disadvantages to consider:

Advantages:

No overhead costs (only pay for the hours worked on a project)

  • The attorney only pays for the freelance paralegal’s hours on a project.
  • No overhead costs regarding office equipment, office space, software licensing, continued education and training.

No payroll taxes

  • The freelance paralegal (usually being a 1099 contractor) is responsible for paying their own income taxes.

No medical or retirement benefits to offer

  • The freelance paralegal is responsible for providing their own health insurance and setting up their own retirement accounts.

Little training needed and more experience in your field of practice

  • Training (if any) is usually comprised of adopting the specific practices of the attorney/firm.
  • Most freelance paralegals are very experienced and specialized in their fields. High-quality freelance paralegals usually have at least 15 years of experience while others may have 20+ years of experience, lessening the need to teach them the nuances of the field of practice. Additionally, some freelance paralegals (especially in Texas) may have advanced certification such as Texas Board of Legal Specialization (TBLS) certifications.

Faster turn-around time for projects

  • Projects can be delegated to freelance paralegals to ease the burden of firm employees who might already have a heavy docket of cases.

Disadvantages:

Communication challenges

  • Some freelance paralegals work a non-traditional schedule than law firms. If the attorney or staff is not available or in the office, questions and updates can sometimes be delayed, possibly reducing the work time before a deadline.
  • CONSIDER: Ask the freelance paralegal if their schedule is flexible to accommodate the attorney’s office operating schedule.

UPL concerns

  • All paralegals, including freelance paralegals, must work under the direct supervision of a licensed Texas attorney even when not in the attorney’s office.
  • Just because the freelance paralegal is not in the office does not relax the rules governing the unauthorized practice of law. The freelance paralegal has a duty to convey information to the attorney for approval to file/serve on the attorney’s behalf.
  • Additionally, the freelance paralegal can convey information to clients of attorneys, provided they are aware of wording the information in a manner that does not give legal advice. Also, freelance paralegals cannot accept payment from an attorney client on behalf of a law firm.
  • CONSIDER: To confirm no unauthorized practice of law (UPL) is detected, ensure all drafts are sent to the attorney for review and approval to file/serve. The attorney and freelance paralegal should keep copies of the filing/service approval emails as confirmations.

Not in the office for client meetings, attending depositions

  • Sometimes an in-office meeting for a client is needed. Perhaps it’s for an intake, perhaps it’s to notarize a document. Maybe the attorney is on a Zoom meeting or deposition and wants the paralegal to take notes. The freelance paralegal should have flexibility to meet their attorney client in their office for occasional events.

Security and confidentiality risks

  • Freelancers most times use their own equipment, i.e., computers, printers, network connection. They must ensure their equipment is securely connected so as not to violate attorney-client or attorney work product privileges as well as HIPAA issues.
  • CONSIDER: The freelance paralegal should confirm use of a VPN to provide an additional level of security against potential hackers.

Supervision

  • Because freelance paralegals typically work off-site, they must build and maintain trust with the supervising attorney that they are diligently working on the assignment(s) delegated to them. They must also prioritize their projects so each client receives sufficient attention.
  • CONSIDER: When assigning a project to a freelance paralegal, confirm the freelance paralegal has the bandwidth to take on a new project. Agree on a date certain when the draft is due for attorney review. If the deadline is a firm date, convey that to the freelance paralegal so they can manage their workload.

Onboarding

  • Being experienced in their field, freelance paralegals do not need any onboarding when it comes to the assignments to be assigned to them, outside of preferred forms to use. However, when it comes to specific programs the attorney uses in his/her firm (case management, communication workflow preferences, etc.), there could be a delay in the level of productivity the freelancer provides until the freelancer has the required training for said program.
  • CONSIDER: If the freelance paralegal is not familiar with a particular program being used, the attorney might need to modify the flow of projects until the freelance paralegal becomes more proficient with the program. The attorney and freelance paralegal should agree on a method to monitor the freelance paralegal’s progress of training on the software prior to the assignment of projects.

If COVID taught us anything, the use of off-site/freelance paralegals does  not adversely affect the operations of a law firm. Microsoft Teams, Zoom, and Google Meet have been used extensively for meetings and depositions, sometimes mediations, court hearings, and trials. Electronic filing with courts is practically the norm now. There are very few tasks that cannot be delegated to an off-site paralegal. And the savings of overhead costs could prove to be profitable to a firm.

If you are a solo attorney or a small firm looking for ways to operate more efficiently, JMW Paralegal Services, LLC is here to help you accomplish your goal so you can focus on more complex matters requiring your attention.

Understanding the benefits and drawbacks of utilizing freelance paralegal services can significantly impact your practice's efficiency and cost-effectiveness. In today's dynamic legal landscape, many law firms are exploring alternative staffing solutions to manage their workload and optimize resources. Freelance paralegals offer flexibility, specialized skills, and often a more budget-friendly option compared to full-time hires. However, it's crucial to consider factors such as communication, integration, and oversight to ensure seamless collaboration and maintain the high standards of legal practice.

This article will delve into the various aspects of contracting with a freelance paralegal, providing insights that can help you make an informed decision for your firm. We'll discuss how freelance paralegals can provide high-quality attorney support while examining potential challenges and offering strategies to mitigate them, ensuring you leverage this resource effectively to meet your business objectives.

[Special thanks to my colleague and amazing friend Amanda Hazel for her editing eyes.]