The Paralegal Professional ESSENTIALS, Second Edition

PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458

The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman

The Paralegal ProfessionalESSENTIALS, Second Edition

Part I

Chapter 1: The Paralegal Profession



What Is a Paralegal?

No distinction between “paralegal” and “legal assistant”– Trend toward using “paralegal”– May be distinctions in job descriptions within an

organization



American Bar Association (ABA)

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.



National Federation of Paralegal Associations (NFPA)

A paralegal is a person qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts as 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.



What Do Paralegals Do?

Tasks:– Interviewing clients– Conducting factual investigations– Legal research

Assist attorneys in law firms or legal departments:– In preparing for hearings, trials, meetings,

closings



Typical Preparations

Drafting documents Completing forms Coordinating activities Maintaining financial records



Background

They may bring prior work skills:– Science and medicine– Engineering, architecture, construction– Customer relations (front-end positions)– Bookkeeping or financial experience



Credentials

May obtain a national certification:– Certified Legal Assistant (CLA), through National

Association of Legal Assistants (NALA)– Registered Paralegal, through NFPA– Professional Paralegal, through National

Association of Legal Professionals (NALS)



Opportunities for Paralegals

More paralegals are employed by larger firms than smaller firms; small firms tend to use secretaries for some paralegal tasks.

Two-thirds of attorneys surveyed have paralegals at their firms.

Paralegals are most commonly utilized by firms practicing in the areas of:

– Business/corporate– Probate/estate planning– Litigation



Compensation

Salaries are higher in large, metropolitan areas. Large firms tend to pay more. Paralegal billings must be based on paralegal

(billable) activities, not clerical or secretarial (overhead) activities.

Courts can award paralegal fees along with attorney fees.

Some attention is being paid to the choice of an attorney to perform tasks a paralegal could perform for less. Court-awarded fees may be reduced accordingly.



Compensation, cont.

The amount billed to the client for paralegal work is about half of the attorney’s rate.

The amount billed is usually about 3 to 4 times the compensation received by the paralegal.

This method of leveraging makes paralegal use a profit center, not an expense, to a firm.



Growth of the Profession

The Department of Labor anticipates above-average growth in the profession until at least 2014.

Advanced degrees can facilitate career advancement:

– Entry-level positions in small firms may only require an associate degree.

– Employment in a large firm may require a bachelor degree.– It is important to obtain degrees with transferable credits to

promote career growth.– Continuing education is important in all areas of law, but

especially in technological applications.



Role of the Paralegal

Part of a “legal services team” Responsibility (and compensation) will

increase with additional education, training, and experience.

Paralegals are essential to providing lower-cost legal services.



National Associations

National Association of Legal Assistants (NALA) – largest association, providing the CLA & CLAS credentials.

National Federation of Paralegal Associations (NFPA) – second largest, providing the PACE credential.

National Association of Legal Professionals (NALS) – for all legal support personnel, providing the PP credential.



National Associations, cont.

Association of Legal Administrators (ALA) – support for management professionals.

International Paralegal Management Association (LAMA) – support for paralegal managers.



Qualifications

Some states provide definitions that specify education or training, but it is mostly left to the legal profession:– American Bar Association (ABA) provides

approval for paralegal education programs.– American Association for Paralegal Education

(AAfPE) has established a core curriculum for paralegal programs.



ABA Approval

Views qualified paralegals as contributing to the ABA goal of providing increased access to legal services.

Can approve a paralegal educational program:“…that is designed to qualify its graduates to be

employed in law-related occupations….” Post-secondary, at least 60 semester hours,

at least 18 hours must be legal specialty courses.



AAfPE Role

Provides a core curriculum, model syllabi, and instructional assistance to paralegal programs:– Promote high educational standards– Provide a forum for educators– Provide technical assistance to educators– Promote research– Coordinate with the ABA, NALA, NFPA, and other

groups in achieving educational excellence



Relevant Skills

Critical thinking Organizational General communication Interpersonal Legal research Legal writing Computer Interviewing and investigation



Areas of Knowledge

The legal system Law office procedures Professional and ethical obligations Contracts Torts Business organizations Litigation procedures



Types of Programs

Certificate programs– Less than a degree– May or may not be transferable college credit– Value of programs determined by the marketplace– Useful for people with existing degrees

Associate degree programs– Offered by community or junior colleges– May be ABA-approved– Good entry-level credential for small or medium

firms



Types of Programs, cont.

Baccalaureate programs– May be the minimum requirement for the largest

firms– Provides knowledge in related areas

Psychology Accounting and finance Business practices Science and engineering

There are Master’s programs available in paralegal and related legal studies.



Specialty Certificates

Frequently the product of a second career in the law:– Legal Nurse Consultants– Journalism– Investigation and law enforcement– Information technology



Setting Goals

Assess your skills and interests– Explore your background for useful skills, such as money handling,

customer service, fluency in other languages, artistic talent, computer proficiency, etc.

Determine your preference in work environments– A “people person?”– Prefer team work or greater autonomy?– Like research? Good at interviewing? Great drafting skills?

Explore course offerings to determine a specialty area that interests you.

Determine your physical, geographic, time limits. Identify personal interests, such as education, the environment.



Choosing Electives

Can be used to “try on” an area of law Can be used to create a specialty for

yourself:– A business law track might include additional

accounting courses, workers’ compensation, tax courses, employment law, real property, labor law, alternative dispute resolution, etc., in addition to business organizations and transactions.



Paralegal Skills

Skills you already possess:– Reading English– Oral and/or written communications– Initiative

And possibly:– Computer and Internet– Additional language(s)– Other educational and work experience



Organization

The ability to:– Categorize– Prioritize– Utilize time efficiently

Being resourceful– Determination to get the job done– When conventional approaches fail, the ability to

use unconventional means



Commitment

Finishing seemingly insurmountable tasks Supporting a team Finishing tasks in the allotted time Assuming responsibility for your work Recognizing that time limits are crucial in law



Analytical Skills

Step-by-step problem solving Identifying possible factors, analyzing each,

eliminating, and narrowing Identifying facts and legal issues Comparing and contrasting your client’s

situation to existing law Applying the elements of the law to your

client’s situation



Interpersonal Skills

Paralegals may be “front-end” client contacts. Legal teams require cooperation. Sensitivity is required in many situations. Paralegals need an understanding of their “corporate

culture” and an appreciation of other cultural differences.

Oral and written communications must be professional and reflect the law office’s standards.



Communication Skills

Expressing ideas effectively Need accuracy in communicating

assignments, client information, expectations Electronic communications have reduced the

ability to interpret “body language” or facial expressions, limiting the effectiveness of communication.

Clarity and accuracy is of paramount importance.

Documents

The Paralegal Professional ESSENTIALS, Second Edition