Chapter 2Paralegals in the Legal System

Types of Paralegal Programs

o Associate’s Degreeo Requires general education

courses and legal specialty courses

o Bachelor’s Degreeo Certificate Programs

o All courses relate to law because students already have a college degree

o Post-baccalaureate certificate programso Usually offered through extension

or school of continuing education

2

3

Definitions

o Attorney/Lawyer – licensed to practice lawo Bachelor’s degreeo Graduate degree – Juris Doctorateo Passing state bar examo Passing moral character exam

o Paralegalo Individual who does specialized legal

work under the supervision of an attorney

4

ABA Definition

o American Bar Association:o A legal assistant or paralegal is a

person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.

5

NALA Definition

o National Association of Legal Assistants (NALA):o [l]egal assistants are a

distinguishable group of non-lawyers who assist attorneys in the delivery of legal services. Through formal education, training and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney.

6

NFPA Definition

o National Federation of Paralegal Associations (NFPA):o A paralegal/legal assistant is a

person, qualified through education, training or work experience, to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity, or may be authorized by administrative, statutory, or court authority to perform this work.

7

California Definition

o Cal. Bus. & Prof. Code §6450 (2006):o “Paralegal” means a person who holds

himself or herself out to be a paralegal, who is qualified by education, training, or work experience, and who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity, and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California…or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her.

o Synonymous terms: paralegal, legal assistant, attorney assistant, freelance paralegal, independent paralegal, contract paralegal

California Paralegals

o Paralegals may contract only with attorneys to perform serviceso Cannot deal directly with consumers

o Legal Document Assistants o Work directly for the public in

preparing certain legal documents

o To maintain standing as a paralegal, must complete four hours of ethics education every three years and four hours in other legal topics every two years

8

9

What Paralegals Do

o Client Communicationso Researcho Draftingo Investigating Factual Matterso Assisting in Litigation Matterso Maintaining Dockets and

Calendarso Representing Clients at

Administrative Hearings

Categories of Paralegal Practice

o Traditional Paralegalo Under supervision of attorneyo Law firm, corporate law department

or governmental agency

o Freelance or Contract Paralegalo Self-employed, independent

contractor who hires themselves out to attorneys for specific projects or tasks

o Independent Paralegalo Works directly for consumers

without supervision by an attorney.o Complete forms and agreements and

participate in real estate closings.

10

11

Types of Private Practice Arrangements

o Partnershipo Professional Corporationo Limited Liability Partnershipo Sole Proprietorshipo Office-Sharing Arrangements

Paralegal Compensationo Salaries vary greatly, depending on education, training, experience,

the type and size of employer, and the geographic location of the job. o In general, paralegals who work for large law firms or in large

metropolitan areas earn more than those who work for smaller firms or in less populated regions.

o In May 2006, full-time wage-and-salary paralegals and legal assistants had median annual earnings, including bonuses, of $43,040. The middle 50 percent earned between $33,920 and $54,690. The top 10 percent earned more than $67,540, and the bottom 10 percent earned less than $27,450. Median annual earnings in the industries employing the largest numbers of paralegals were:

12

Federal Government $56,080

Management of companies and enterprises

52,220

Local government 42,170

Legal services 41,460

State government 38,020

Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2008-09 Edition, Paralegals and Legal Assistants, on the Internet at http://www.bls.gov/oco/ocos114.htm (visited January 2, 2009).