...Paralegals are one of the fastest growing careers in the United States. Regardless of this growth, many individuals who do not work in the legal field, and even those who do, are confused by the paralegal’s role. The volume of responsibility an attorney has on their caseload may overshadow the lawyer’s ability to handle all parts of the cases personally. Behind the scenes, a paralegal achieves a lot of functions that attorneys could not complete independently. In her article Haworth, NFPA and the Paralegal Profession- a Partnership explains that paralegals are in demand and have a positive outlook for the future and employment of paralegals is to rise by 20 percent into 2020. As law firms try to decrease costs and increase the effectiveness of legal services, they are expected to hire more paralegals. Haworth discusses that with the partnership between the...
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...Professional Responsibility is the foundation of ethical practices of paralegals in the legal community. Shape A paralegal must adhere strictly to the accepted standards of legal ethics and to the general principles of proper conduct. The performance of the duties of the paralegal shall be governed by specific canons as defined herein so that justice will be served and goals of the profession attained. (See Model Standards and Guidelines for Utilization of Legal Assistants, Section II.) The canons of ethics set forth hereafter are adopted by the National Association of Legal Assistants, Inc., as a general guide intended to aid paralegals and attorneys. The enumeration of these rules does not mean there are not others of equal importance although not specifically mentioned. Court rules, agency rules and statutes must be taken into consideration when interpreting the canons. Definition: Legal assistants, also known as paralegals, are a distinguishable group of persons 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. In 2001, NALA members also adopted the ABA definition of a legal assistant/paralegal, as follows: A legal assistant or paralegal is a person qualified by...
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...Final Project: Math Used in the Paralegal Profession Misty Kenter Kaplan University MM150 Prof. Mowen May 21, 2011 INTRODUCTION This paper is on what kind of math I will be using in my chosen profession. My chosen profession is the paralegal profession. I know that I will not need to know a lot of math for this profession. As a paralegal professional I will be using math every day. I will be using math for everything from keeping track of billable hours to estimating damages in a lawsuit. I will need to know basic math, basic algebra, and first year algebra. Basic math and basic algebra consists of addition, subtraction, multiplication, fractions, decimals, percentages, and negative numbers (www.xpmath.com). First year algebra consists of using formulas (www.xpmath.com). In this paper I will explain in detail the math that I would use in the four different types of law offices for a paralegal professional that I am interested in. These types of law offices are family law, civil litigation, probate and estate law, and criminal law. Family Law In a family law office I would use basic math and first year algebra. I would be using addition, subtraction, multiplication, division, and a formula set by the courts to calculate child support and spousal support payments. I also would be using addition, subtraction, multiplication, and division to figure out how much the marital property is worth and how much each party would get if the clients decide to sell the property...
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...Having a job and having a career means two different things to me. For the last three years I have held a job as a customer service rep. For me in this field I really don’t see much growth unless you are willing to be a very extreme and repetitive person. I have learned in the last two in a half years of being in this profession that it is not something I would continue to do. To compare what I am in school to do and what I have done over the last two in half years is a big difference. Far as the customer service field I can say that it is job security and that I have benefits but not much more. I don’t have leadership that is really driven for the best other than meeting quotas and stats. I have the repetitive and simplicity of the job and the same atmosphere. I have given my all and best to my current job and everyday grow to hate it more. For the most part the atmosphere is very open to any type of person to work in the field. There is not much that goes into screening for a customer service position. Which for me I feel makes for a not to safe environment. I have meet some great people who work at my current job but they are not happy with the overall working conditions either. The pay is not the best and not may incentives that are given to strive to be better. The opportunity for promotion is given not because of your job performance but more for if management feels that you are a good candidate or not. So for me this is not a good job or working situation for me at all...
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...The Paralegal Profession and Ethics Based on the reading for this week, describe the role of a paralegal and the skills necessary to be a paralegal. Why are these skills important? Are paralegals able to represent clients? What is attorney-client privilege and how does this relate to the role of a paralegal? Summarize the Biblical Model as presented by Professor Bern. Post: The role of the paralegal: I would say that the role of a paralegal is primarily to assist an attorney, law office, or government agency. But there can be other roles as well that are less common, such as but not limited to assisting individuals in matters involving the social security administration. The roles of the paralegal and what duties they perform can vary widely from the common conception of working under an attorney or law firm by preparing for hearings, trials, meetings, real estate closings, helping draft documents, and even maintaining financial records; to working for federal, state, or local government agencies collecting and analyzing data for internal use as well as preparing information for use by the general public. Thomas F. Goldman & Henry R. Cheeseman, The Paralegal Professional 4, 5 (3rd ed. 2011). The skills of the paralegal: The skills of a paralegal very widely depending upon the type of work the paralegal is specialized in or engaged in. But there are some common skills shared by most paralegals and are very important. These common skills are also known as soft skills...
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...organizations out there for an individual to join or become affiliated with. Each would benefit every individual differently according to their education and/or work field. Houston Metropolitan Paralegal Association (HMPA) is amongst one of these organizations. The (HMPA) was founded in 1973 it was formerly the Houston Legal Assistants Association. The Houston Metropolitan Paralegal Association (“Association”) is a professional organization maintained for the benefit of its members, the legal profession and the general public. (http://houstonparalegals.org/page.asp?p=About%20Us:%20Code%20of%20Ethics. (HMPA’s) goal is to promote the professional advancement of legal assistants in Houston. Members of this organization have dues that they would pay. Being a member of this organization would have a great deal of benefits. A law firm, student studying to be a paralegal, or a legal assistant can be a member of this organization. Keywords: Houston Metropolitan Paralegal Association (HMPA), legal assistants, paralegals, CLE’s, membership, attorney, benefits, law office Houston Metropolitan Paralegal Association According to the State Bar of Texas of Directors, and the Paralegal Division of the State Bar of Texas, adopted a new definition for “Paralegal:” a paralegal is a person, qualified through various combinations of education, training, or work experience, who is employed or engaged by a lawyer, law office, governmental agency, or other entity in a capacity...
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...Marocka Ramos Introduction to Paralegal Everest University The Paralegal profession is not licensed by the state of Illinois there are no set regulations. It is up to the attorney which standards are required for their law firm. The paralegal is under the supervision of the attorney. Most law firms require a degree in paralegal to be able to work for them. A Paralegal must be intelligent and have logical thinking. Some skills that would be required are being able to research to obtain information, organize paperwork, problem solving, paying close attention to details, having communications skills with speaking and writing, working as a team, and having knowledge with internet and computer skills. Among these things they also must possess knowledge of word processes, spread sheets and on line resources. They must be able to learn about developments in technology and law itself. Some paralegals receive on the job training with their law firm while most go to college to receive a bachelor degree in the paralegal program. Most programs are accepted by the American Bar Association but is not a requirement. The program lets students grasp the concept of law as well as legal writing and research. Most paralegal specialize in certain fields whether it be real estate, business, family law criminal law, health law, bankruptcy or immigration. These programs usually require one or more years of study in the field. The NFPA provides paralegals the needed tools for their future...
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...The American Bar Association defines a paralegal as: 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 who performs specifically delegated substantive legal work for which a lawyer is responsible. While the definition of the paralegal seems to be continuing to evolve and change so do their duties and job functions. “Only statutory, court authority or a supervising attorney’s determination of a paralegal’s competency limits the tasks a paralegal may perform. Paralegals perform the same functions as an attorney except those prohibited by unauthorized practice of law statutes, i.e., accepting clients, setting legal fees, giving legal advice or representing others in court.” National Federation of Paralegal Associations, Inc., Paralegal Responsibilities, 1, 2011. It is because of the job functions that Paralegals must have certain “core” skills to perform necessary tasks. “…such as communication, initiative, resourcefulness, problem solving, perseverance, teamwork, leadership and self-motivation.” Thomas Goldman & Henry Cheeseman, The Paralegal Professional, 7, 4th ed., 2014. Mastering these skills can be an invaluable resource to both you and a prospective employer. Communication between a client and their attorney are protected under the rule of evidence, attorney-client privilege. This privilege by extension passes through...
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...lawyers are licensed by the government but paralegals are not. - Paralegals are not licensed by the government because they are not directly responsible to the public. The lawyer supervises their work and is directly responsible to the public. Therefore, lawyers must be licensed. 2. T or F A paralegal program must be approved by the American Bar Association in order to operate. -True 3. If a NC lawyer wants to practice law in Texas, what requirements must he/she meet? - If a lawyer wants to move to another state to practice law, he/she must take that state's BAR exam in order to be able to practice there. In order to be eligible to take the bar exam, the lawyer must have a bachelor's degree (4 years) followed by a Juris Doctor degree (3 years) 4. Explain the difference between certification and licensure. - Paralegals can get certified by state in a certification program two-day comprehensive examination. It is not required but looks good on your resume and also more reliable for lawyers to look at when hiring. -Paralegals have no state license requirements to enter profession, and no unified code of ethics. To protect the public, certain professions such as law, require state licensure as a method of regulating who can practice. 5. Name the national organization that certifies paralegals. (Do not abbreviate.) -The National Association of Legal Assistants 6. State the reason that those who would like to become paralegals are encouraged to pursue a bachelor's degree...
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...Law) in the state of Tennessee. The facts state that Mr. Stan Smith calls his friend, Polly Paralegal, and leaves a message asking, “Do the grounds for divorce in Tennessee include adultery?” Later that day, Mrs. Stan Smith calls Polly Paralegal and leaves a message asking, “Do I have grounds for divorce in Tennessee? I just found out that Stan committed adultery.” Questions: 1. If Polly Paralegal answers Mr. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information for at least one authoritative reference source. 2. If Polly Paralegal answers Mrs. Smith’s question, will she have engaged in the unauthorized practice of law? Explain and support your answer with information for at least one authoritative reference source. Unauthorized Practice of Law What is the unauthorized practice of law? What does a paralegal do when they answer friends’ questions? Is Polly Paralegal committing UPL is she gives advice to her friends Mr. and Mrs. Stan Smith? By state statutes and ethics codes and the ABA Model Rules, attorneys are prohibited from aiding in the unauthorized practice of law and have an obligation to supervise their legal assistants and paralegals to ensure that they are not engaging in the unauthorized practice of law either. Attorneys also have to be careful that the duties they delegate to their paralegal are not considered practice of law too. The Unauthorized Practice of Law does not have a...
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...NATIONAL FEDERATION OF PARALEGAL ASSOCIATIONS, INC. MODEL CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND GUIDELINES FOR ENFORCEMENT PREAMBLE The National Federation of Paralegal Associations, Inc. ("NFPA") is a professional organization comprised of paralegal associations and individual paralegals throughout the United States and Canada. Members of NFPA have varying backgrounds, experiences, education and job responsibilities that reflect the diversity of the paralegal profession. NFPA promotes the growth, development and recognition of the paralegal profession as an integral partner in the delivery of legal services. In May 1993 NFPA adopted its Model Code of Ethics and Professional Responsibility ("Model Code") to delineate the principles for ethics and conduct to which every paralegal should aspire. Many paralegal associations throughout the United States have endorsed the concept and content of NFPA's Model Code through the adoption of their own ethical codes. In doing so, paralegals have confirmed the profession's commitment to increase the quality and efficiency of legal services, as well as recognized its responsibilities to the public, the legal community, and colleagues. Paralegals have recognized, and will continue to recognize, that the profession must continue to evolve to enhance their roles in the delivery of legal services. With increased levels of responsibility comes the need to define and enforce mandatory rules of professional ...
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...Ethics and Professional Responsibility Study Unit By Michael Wilson, Esq. Reviewed By Brian Bastyr, Esq. About the Author Michael Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976 and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Lexington, KY, where he has taught such classes as Legal Research, Advanced Legal Writing and Appellate Practice, and Wills and Estates. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has also had a number of papers published on legal topics in both scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service...
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...limited to those who are licensed after satisfying certain state requirements of education, moral character, and understanding of the law. (Orlik, D, Ethics for the Legal Professional Chapter 2 p. 39. In the first scenario if Polly Paralegal answers Mr. Stan Smith’s question she is committing unauthorized practice of law. The questions states do the grounds for divorce in North Carolina include adultery. Mr. Stan Smith is not asking for legal advice he is simply asking a question. Since Polly Paralegal has knowledge of the law then if and when she answers Mr. Stan Smith’s question she will be applying her knowledge of law to his fact pattern. Unauthorized Practice of Law occurs when the person is seeking legal advice from a person who he knows has legal knowledge but who is not a lawyer. (Orlik, D, Ethics for the Legal Professional Chapter 2 page 41) Although Mr. Stan Smith is asking Polly Paralegal a simple question with no implication on whether he is actually seeking legal advice he is just asking his friend for advice as a friend not a paralegal. It will be unethical of Polly Paralegal having legal knowledge to answer Mr. Stan Smith’s question. Polly Paralegal can resolve this by simply stating to Mr. Stan Smith that she is a paralegal she is not allowed to give legal advice but that she is happy to refer him to a divorce lawyer who can help answer his questions. According to Canon 3 of the ABA Model Code of Professional Responsibility a non-lawyer who undertakes...
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...INTRODUCTION Authorization Per your request, Career Selection Services has researched and prepared a breakdown analysis of two potential career choices with a recommendation of the more compatible of the two professions. My recommendation is based on a thorough investigation and analysis conducted on careers in accounting and legal administration. Purpose, Scope, and Limitations The evidence I have collected relates to the work environment, duties, salary, education, skills, and advancement opportunities strictly limited to careers in accounting and legal administration and examines the facts and evidence to determine which of the two chosen careers would best suit the individual. Sources and Methods I have examined the data instituted in the Occupational Outlook Handbook provided by the Bureau of Labor Statistics online and have analyzed the information provided online by the AICPA. Report Organization In this report, I will provide insight on the two professions – accounting and legal administration. The report will include a brief rundown based of each of the following criteria: work environment, education requirements, job duties, salary/earnings, and advancement opportunities for each profession. The report will conclude with my recommendation of an accounting career over that of a career in legal administration. ACCOUNTING Work Environment The work environment in accounting is generally that of a professional office setting. It is usually...
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...UPL Unauthorized practice of law is a crucial part of our legal system and how law is administered. Also known as, UPL, this topic deserves attention so boundaries in the legal profession can be clearly understood. My question that I raise with this topic, is UPL defined well enough or is it too strict and those that can’t afford legal help suffer for it? In the American Bar Association Model Rules of Professional Conduct, it states, "A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction or assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law." What this definition indicates is that attorneys may not practice law where they are not licensed to do so and they may not assist another person in UPL. So for an attorney licensed in only one state, she/he may not practice law in another without appropriate licensure. As for another person committing UPL, this would include helping a legal assistant work outside the boundaries of their legal responsibilities as a non-lawyer professional. The goal of UPL is to protect the public from being subjected to fraudulent practice by persons not qualified to give legal counsel. In addition, when they employ legal assistants they must be cautious not to do anything less than adequately supervise their staff and ensure that UPL is not committed. Attorneys are the only ones who can give...
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