...Paralegal – A Career of a Lifetime The paralegal field has evolved into a profession that requires preciseness and a basic degree of knowledge. According to one source, a paralegal is a professional who assists attorneys in their work. These individuals perform many different functions in law offices, although they cannot perform duties considered to be within the practice of law. (What is a paralegal / what does a paralegal do?, 2015) Paralegals have been around since the 1970’s when Attorneys realized basic file and research needed to be performed by lower salaried workers. (A short history of paralegals, 2015) By hiring paralegals it freed time for the attorneys’ to perform other duties. Paralegals have become the arms of an attorney, and...
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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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...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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...1. Tell me in your own words (that means do not copy verbatim from the text) what a paralegal is and what a paralegal does. Give examples. - A paralegal is someone who assists a lawyer by working with clients, managing cases, and doing legal research. However they are not allowed to give any legal advice to the public because they are not permitted to do so. To me a paralegal does all of the “dirty work” for the actual lawyer. 2. Tell me what kinds of paralegal tasks you think you would find interesting. - The paralegal task I find interesting are the ones were you have to do legal research. 3. Explain what unauthorized practice of law (UPL) is. Give 2 examples of UPL. - Unauthorized practice of law is for example when you as a paralegal give out legal advice without the supervision or permission from a lawyer. As a paralegal you are not qualified to give out that type of advice. Another UPL is if you are not qualified you cannot sell your law advice in something such as a book, and make a profit off of it. 4. Read the Furman case (case 1 in the next document) and in your own words tell me why Ms. Furman got into trouble. - Ms. Furman got in trouble because she was not authorized to give out that type of advice. Yes, her heart was in the right place, but there are laws, and a process you have to go through. If it were as easy as just wanting to help out, everyone would be a lawyer and it would be complete chaos. The standards to give out that type of advice are there...
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...Paralegals are typically well prepared to enter the real-world practice of law; they emphasize in legal research methods and procedures and are something like the right hand of an Attorney. Even though paralegals are able to do a lot of things lawyers do they must always pay close attention to the things that they say or do; Many are not aware of the fact that answering a simple question as “How should I sign?” might be giving legal advice. It is important for a paralegal to be aware of the guidelines to be followed regarding the extent of their capacity as legal assistants/paralegals. It is the job of the supervising attorney to make the paralegal aware of the fact that “whatever the ethical rules forbid the attorney from doing, they also forbid the paralegal from doing” (Goldman and Cheeseman, 2009, Ch. 2, Pg. 48). Furthermore, an attorney must also inform the paralegals under his/her supervision about the rules to be followed with regard to answering questions, avoiding UPL, avoiding conflict of interest, etc. A paralegal’s job is limited by the work set out by the supervising attorney. As a specific task, an attorney is required to set out guidelines and tasks for specific projects given to a paralegal always checking and supervising their work. A paralegal must be aware of the Rules of Professional Conduct followed by lawyers with regard to the things they cannot do, for they themselves must follow them. According the American Bar Association “A legal assistant or paralegal...
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... National Federation of Paralegal Associations National Association of Legal Assistants American Bar Association Your state bar association Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: (1) nationwide (e.g., NFPA and NALA) (2) statewide (e.g., Illinois Paralegal Association) (3) regionwide encompassing more than one state (e.g., Rocky Mountain Paralegal Association) (4) regionwide...
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...questions I will explain what Unauthorized Practice of Law is. Unauthorized Practice of law is when a paralegal gives legal advice to anybody. A paralegal cannot advise a person on the law and what they can and cannot do. For example if a paralegal is asked My mother fell down the steps at her apartment building and the owner of the building has refused to fix the steps and that’s the reason she fell, legally what can we do? The paralegal cannot answer this question because it is a specific question about specific people and a specific incident. If the person had asked if a person fell down the stairs due to negligence what can be done? The paralegal could answer this question because you could find the answer on the internet and because it is a hypothetical question not a specific case. If Mr. Smith calls and leaves a message with Polly Paralegal asking if the grounds for divorce in North Carolina include adultery. Polly Paralegal can answer his question without the fear of Unauthorized Practice of Law because this is a generic question that isn’t specific about any one person or incident. She could easily do the legal research on this question and let him know what the law states. She could also give him the definition of adultery so he knows what it classified as. Because Polly Paralegal is telling Mr. Smith information that he could easily find on the internet it would not be considered UPL. In Mrs. Smith’s case when she asks Polly Paralegal if she has the grounds...
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...The Paralegal Profession Ruth Keith Everest University According to Paralegal Today (2011), a 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” (p. 3). This paper will show the various duties of the paralegal. It will also prove what a valuable asset they are to the legal profession. Paralegals mostly work for law firms, government agencies, and corporate legal departments. They do a variety of tasks to support lawyers. They conduct legal research, draft documents, and organize and maintain files (Unknown, 2012). Interviewing clients, witnesses, and conduct legal investigations are also part of the job description. The specific tasks vary depending on the size of the office, the type of law the firm practices, and the amount of experience the paralegal has. Even though they gain a great deal of knowledge in the law, they are not authorized to give legal advice (Miller &Urisko, 2011). As a paralegal, I would like to find a position in a family law office. Working for an attorney who helps clients in either adoption proceedings or child custody cases would be the most intriguing for me. Knowing that I had a hand in helping a couple receive a child that they so desperately deserve, or removing a child from an abusive situation, would be...
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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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...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 legal advice to clients. Great care must be taken by legal assistants that the information they give to clients does not constitute UPL. The line is very fine and it must not be overstepped or the supervising attorney could lose his/her license. Paralegals are bound by the same ethics rule that attorneys are under the ABA. Some ways they can violate the practice of law would be an...
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...We often hear the phrases: “Why Do I Need a Paralegal?” and “What Does a Paralegal Do?”. The American Bar Association (ABA) defines a paralegal as: 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. Paralegals are employed in various organizations, including law firms, corporations and governmental agencies. The role of a paralegal can vary depending upon the size and practice area of the law firm. For example, in the sole practioner setting, a paralegal may be responsible for increased administrative duties and case management in addition to drafting documents and legal research in a broad range of practice areas. In the mid-large law firm setting, a paralegal may be a member of a legal team with specific responsibilities tailored to one particular practice area or skill set, e.g. pre-litigation, discovery or trial. The role of a paralegal is evolving to include more substantive legal tasks and responsibilities. This...
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...the years have allowed virtual paralegals to work from home or anywhere and provide the smaller law firms or solo attorneys the professional work ethics and helping to reduce the cost of the attorney’s overhead. With the vast improvements in technology over the years, it has allowed more out of the office work to be done. Having a laptop gives you more flexibility with travel and still be productive. Wi-Fi hotspots are readily available in many locations when traveling. What makes this excellent for small law firms and solo attorneys is that they can reduce the cost of their overhead. The small law firms and solo attorneys need the assistance of paralegals. Utilizing a paralegal outside of the office can still provide a professional level at a cost that is more cost efficient. There would be no salary to pay out, but rather an hourly rate. They would not necessarily need the extra office space expenses for a paralegal by resourcing out. Using virtual paralegals also allows the attorneys to do what they went to law school for, and that was to practice law. The average of a full-time employee hired by an office averages around $62,000 annually (Starr, 2013) which comes out to about $30 an hour. Attorney offices also have the expenses of 35 percent of taxes and benefits. Attorney's overhead costs come to around $84,000 each year. The smaller law firms or solo attorney can cut expenses down considerably by using a virtual paralegal. Smaller law firms and solo attorney...
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...What is Your Ideal Career? I believe my ideal career would be in the legal field. There many professions in this field. Growing up in the 60’s and 70’s it was a challenge for me and my family. The legal system was unjust back then and I saw the police as a scary, powerful authority and they could do whatever they wanted to whomever they want. This opinion didn’t change until one summer I met a police officer that changed my opinion about the police force. By his action he showed me that all police were not bad. It was then when I realized I could make a difference in my life. I became fascinated with how the process of the legal system worked and as I got older I looked into the different positions that were offered in the legal field. These positions range from Judges, Lawyers, Court Reporters, Paralegals, Police Officers and Legal Assistants. When I began my journey, I had graduated high school and applied for the academy, but that did work out as it was a height requirement at that time, but that did not discourage me. I continued to look for different avenues, within the legal field because I wanted a career that had an energized work environment. Someplace where I never knew from day to day what it will bring. While doing my different research, I chose to work as a Paralegal. I started as an intern for a small law firm in Nevada specializing in corporate law. Working there made me realize that corporate law is fascinating, but it was not what I...
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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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...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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