Paralegal

6 Key excerpts on "Paralegal"

• 

  eBook - ePub

  The Everything Guide To Being A Paralegal

  Winning Secrets to a Successful Career!

  • Steven Schneider(Author)
  • 2006(Publication Date)
  • Everything

    (Publisher)

  Another reason the Paralegal field is so popular is that it offers a high degree of job satisfaction. People who enter the Paralegal field are often highly motivated and seek positions that offer a professional challenge. While Paralegals work under the supervision of lawyers, they often have a significant amount of independence in performing their assigned tasks. Because Paralegals offer a more cost-effective means of gathering information, most Paralegals spend a significant portion of their time dealing with clients, the legal representatives of other parties, court personnel, and other persons. As a part of a team providing legal services, a Paralegal is often directly involved in identifying and solving the client's legal issues.

  Variety of Work

  Paralegals often comment on the variety of work activities offered in the Paralegal field. Each legal problem presents its own set of facts and legal issues. Even Paralegals who specialize in a specific area of the law perform a wide variety of tasks on specific client matters. This variety makes the Paralegal field interesting and challenging.

  Defining a Paralegal

  A Paralegal's responsibilities include tasks that would otherwise be performed by a lawyer. There is no universally accepted definition of a Paralegal. Some employers create a job description based on the specific educational qualifications and levels of work experience they seek. But there are no formal requirements. Other definitions attempt to provide a comprehensive list of Paralegal duties. Still other definitions describe specific skills and competencies required of Paralegals.

  None of these definitions is completely satisfactory because lawyers and clients use Paralegals in many different ways. There is no “one size fits all” definition of a Paralegal. In fact, the bar associations in many states have their own definitions, some preferring the term legal assistant.

  Fact

  Paralegals are sometimes called “legal assistants.” The dispute over what to call these legal professionals has divided three of the most influential organizations in the Paralegal profession. The National Association of Legal Assistants (NALA) prefers the term legal assistant. The National Federation of Paralegal Associations (NFPA) uses the term Paralegal, while the American Bar Association (ABA) considers the terms interchangeable.

  Sign up to read

  Learn more about book
• 

  eBook - PDF

  Foundations of Law

  Cases, Commentary and Ethics

  • Ransford Pyle, Carol Bast(Authors)
  • 2016(Publication Date)
  • Cengage Learning EMEA

    (Publisher)

  This often took on an aspect of exploitation at low wages, but eventually the novice was sponsored by his employer to be accepted into practice Paralegal (legal assistant) Generally, an employee in a law office who performs legal tasks under attorney supervision but who is not licensed to practice law. Some states allow Paralegals to provide limited legal services without supervision. “Paralegal” as a title and a job is usually interchangeable with “legal assistant.” I nns of Court Place in London where English lawyers were trained; for centuries, students learned the law there by association with legal scholars, lawyers, and judges. EXHIBIT 1-3 What a Paralegal May Do* Generally, a Paralegal may do preparatory work that is later reviewed by an attorney, such as conducting legal research; drafting documents; summarizing depositions, interrogatories, and other court-related information; and conducting other types of investigations and research. The attorney may ask the Paralegal to assist the attorney at real estate closings, depositions, and court and administrative proceedings. Other tasks a Paralegal might perform, as long as the Paralegal’s status as a non attorney is clearly disclosed, the Paralegal is supervised by an attorney, and the tasks do not include providing legal opinions or advice, include gathering information from clients and maintaining contact with clients, gathering information from witnesses, and preparing and signing routine correspondence. *Source: Guideline 5 of the National Association of Legal Assistants Model Standards and Guidelines for Utilization of Paralegals Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience.

  Sign up to read

  Learn more about book
• 

  eBook - ePub

  Lawyers in 21st-Century Societies

  Vol. 2: Comparisons and Theories

  • Richard L Abel, Hilary Sommerlad, Ole Hammerslev, Ulrike Schultz, Richard L Abel, Hilary Sommerlad, Ole Hammerslev, Ulrike Schultz(Authors)
  • 2022(Publication Date)
  • Hart Publishing

    (Publisher)

  In the judiciary, the role of Paralegals has expanded more tacitly. Although no new functions have been created, assisting functions have quietly burgeoned. For example, Paralegals regularly advise judges on legal matters and contribute to discussions in the deliberation room. Paralegals also are now responsible for drafting judgments. In the courtroom, however, judicial Paralegals’ responsibilities remain limited to taking minutes and performing administrative duties (Holvast 2017: chs 5 and 6).

  B. Paralegals in Law Firms

  Paralegals appear to play a relatively small role in law firms. This is partly attributable to a long tradition of not delegating duties (de Rooij 2013). Nonetheless, many larger firms have assigned various duties to ‘Paralegals’.23 Almost all of the biggest 25 law firms also employ so-called Professional Support Lawyers (PSLs), who assist practice groups by building and managing legal know-how and facilitating the development of knowledge (Soeters and Fris 2010; de Fijter 2011). No specific training is required for PSLs; they can be former attorneys or former academics or graduates from universities of applied sciences (de Fijter 2011). In 2010, these firms employed an average of four to six PSLs (Soeters and Fris 2010: 31).

  Several smaller firms also employ legal assistants, some of whom are attending law school (see de Rooij 2013: 147). Yet, on average, there is less functional differentiation in small firms. This is partially due to the financing of legal aid, which assumes that attorneys perform all the work (see Timmer et al 2016: 49–51). The requirement that qualified attorneys provide all legal representation is currently under discussion. For instance, Brouwer (2017), a practising lawyer and law professor, has proposed that Paralegals, instead of attorneys, provide legal assistance in police interrogations. Hence, interest in further division of work within law firms is slowly growing (see also Timmer et al 2016: 59; de Rooij 2013: 191).

  Sign up to read

  Learn more about book
• 

  No longer available |Learn more

  Paralegal Career For Dummies

  • Scott A. Hatch, Lisa Zimmer Hatch(Authors)
  • 2019(Publication Date)
  • For Dummies

    (Publisher)

  Both business law and bankruptcy law deal with money issues. Law firms can assist large corporations and one-person operations with the legal ramifications of getting started, making contracts, defending litigation, and other legal matters. In fact, most large corporations have their own legal staffs. Attorneys and their staffs are also there when companies and individuals face financial problems that may result in bankruptcy. Paralegals provide vital assistance to attorneys in all legal matters relating to business law and bankruptcy.

  Keeping up with capitalism: Business law

  Business law represents another high-growth area for Paralegals. In addition to private law firms that specialize in corporate law and have long used Paralegals, corporate legal departments, banks, real estate companies, and insurance companies have increasingly hired Paralegals and continue to do so. Currently, Paralegals in the business law area take on duties that, in the past, were performed primarily by attorneys.

  Attorneys usually advise business clients on which business organization (sole proprietorship, partnership, corporation, or limited liability company) is best for them to adopt. And their Paralegals often draft the initial startup documents and documents necessary for the subsequent smooth flow of the business structure.

  Some of the things you may be responsible for when you help your attorney’s client initiate a new business include

  • Registering the corporate name
  • Drafting the articles of incorporation and by-laws
  • Preparing to issue stock
  • Completing the documents necessary for a corporate bank account
  • Drafting employment contracts
  • Filing paperwork with the IRS
  • Preparing documents to obtain business licenses

  After the business is up and running, your tasks may include preparing documents for shareholder meetings, writing the minutes of completed meetings, drafting stock-option plans, reviewing lease agreements, drafting articles of a merger or consolidation, preparing reports for regulatory agencies, and obtaining the necessary authorizations to do business overseas.

  Business law doesn’t usually focus on litigation because businesses want to avoid litigation if at all possible. The legal staff perpetuates this goal by helping businesses plan well and avoid disputes that might lead to unnecessary government regulation or defending a lawsuit. So, corporate legal professionals plan for possible difficulties in advance. They structure deals and documents with great care so litigation isn’t necessary if partnerships split up, employees need to be fired, or the business dissolves. Registering business names, logos, or slogans avoids the possibility of conflict with another business that may already use the same name, logo, or slogan. Drafting employment contracts, working with state and federal regulators, obtaining the proper licenses and insurance, checking lease agreements, and carefully recording stock transactions keep businesses, and the legal professionals who represent them, out of court. You’ll know that you have been part of successful legal team for a business if after many years that business hasn’t been involved in litigation.

  Sign up to read

  Learn more about book
• 

  eBook - PDF

  Introduction to Law

  • Beth Walston-Dunham(Author)
  • 2019(Publication Date)
  • Cengage Learning EMEA

    (Publisher)

  As with all other aspects of society and culture, however, the evolution of the legal professions over the past 200 years has been unparalleled in history. During this time, governments have become extremely complex, populations have soared, and the need for more laws than ever to maintain order and balance has resulted in a whole new industry of legal professionals. The various roles and opportu -nities for those who are instrumental to the administration of law in the United States and the world in law-related settings are virtually limitless. In today’s U.S. legal system, those who make their careers in law consist of judges of various types, court clerks and employees, law clerks, court officers, lawyers, parale -gals and legal assistants, legal investigators, legal secretaries, and general accounting and clerical staff, among others. Most of these positions developed during the 20th century as a result of the great increases in population; rapid changes and advances in technology, transportation, and communications systems; and a corresponding surge in the complexity of government. To illustrate some of these changes, take the exam -ple of filing a court document. In 1850, a lawyer handwrote a legal document using a quill or fountain pen and bottle of ink. he (a lawyer was almost always male) t hen carried it to the courthouse and often presented it personally to the judge. Today, more than 150 years later, the same document would probably first be discussed by a lawyer and Paralegal, and researched by them or a law clerk. They would then access a form document by computer and complete it simply by filling in blanks, dictating by machine, or perhaps even speaking directly into a computer. The clerical staff would prepare the final document and format it according to such required procedural details as captions (headings) and such attorney identifications such as name, address, and license number.

  Sign up to read

  Learn more about book
• 

  No longer available |Learn more

  PARALEGAL TODAY ESSENTIALS

  • Roger Miller, Mary Meinzinger(Authors)
  • 2016(Publication Date)
  • Cengage Learning EMEA

    (Publisher)

  ATTORNEY ETHICS AND Paralegal PRACTICE n CHAPTER 4 n Ethics and Professional Responsibility 115 Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. THE INDIRECT REGULATION OF ParalegalS Paralegals are regulated indirectly by attorney ethical rules, by ethical codes created by NFPA and NALA, and by guidelines on the utilization of Paralegals, which define the status and function of Paralegals and the scope of their authorized activities. The ABA and some states have adopted guidelines on the utilization of Paralegals. These codes and guidelines provide Paralegals, attorneys, and the courts with guidance on the Paralegal’s role in the practice of law. The general rule is that Paralegals can perform almost any legal task that attorneys can (other than represent a client in court) as long as they work under an attorney’s supervision. THE UNAUTHORIZED PRACTICE OF LAW State laws prohibit nonlawyers from engaging in the unau-thorized practice of law (UPL). Violations of these laws can have serious consequences. 1. State UPL statutes —Determining what constitutes UPL is complicated by the fact that many state laws give vague or broad definitions. One may look to court decisions in this area of law for guidance. 2. The prohibition against fee splitting —Paralegals work-ing for attorneys and legal technicians (independent Paralegals) need to be careful not to engage in activi-ties that the state will consider UPL, such as a fee-sharing arrangement with an attorney. 3. Prohibited acts —Paralegals should always make clear their professional status so clients are not con-fused.

  Sign up to read

  Learn more about book