Paralegal

A paralegal is a person who works under the direct supervision of a lawyer, and who is typically responsible for researching and managing the daily tasks for cases. While paralegals work closely with cases, they are limited in their duties and must be supervised by a lawyer, who will be ultimately responsible for the paralegal's work. They are found in all areas where lawyers are — in criminal trials, in real estate, in government, in estate planning, and so on. Paralegals and legal document assistants (LDAs) are often mistaken for one another; however, in most jurisdictions, paralegals are not permitted to contract directly with consumers for the preparation of legal documents.


EDUCATIONAL BACKGROUND

In the United States, paralegals have taken many different paths to their careers. These paths comprise an array of varying levels of education, different certifications, and on-the-job-training. They work in government, for law firms, for corporations, for real estate firms, and for nonprofit organizations. Where they work and what they do often depends on what mixture of experience, skills, education, and certification they possess.

There is no specific educational requirement in most U.S. states for legal assistants or paralegals. Some paralegals have only on-the-job experience, while some paralegals have completed a two-year course or bachelor's degree in paralegal studies. Others have completed a bachelor's or even a master's degree in another field, and quite a few of these people have also completed a regular or post-baccalaureate paralegal certificate. Many paralegals have completed all of their training before entering the profession, while others have completed their education while working their way up from the mailroom in a law firm. Many Paralegals take Continuing Legal Education credits to fulfill the requirements of their firm, state, or association.

U.S. Paralegal or Legal Assistant courses of study have long been available in associate's degree or certificate programs at community colleges and private universities. However, similar programs exist at four-year universities and have expanded over the years. More and more prestigious universities offer bachelor's degrees and post-baccalaureate certificates in the subject.


CERTIFICATION

In the United States, there is no such thing as a licensed paralegal; rather, paralegals can be certified. While Certification is voluntary in most states, it increases a paralegal's skill sets or prepares him or her to enter the profession, often increases the likelihood of a paralegal's hire or promotion, and serves to identify a person as capable of work that is on par with certain standards. Certification is typically accomplished by taking and passing one of several privately administered tests from one of several paralegal associations. Graduation from a certificate program does not certify a paralegal; in most states, passing an exam administered by a recognized entity is the only benchmark generally considered to be a "certifying event".

Many states, such as Florida, have started to legislate licensing requirements for paralegals, in an effort to maintain quality and to determine who can call themselves paralegals.


PARALEGAL NURSE CONSULTANTS

Some attorneys that practice in fields involving medical care have only a limited knowledge of healthcare and medical concepts and terminology. Therefore, in addition to Legal Nurse Consultants, a certain number of Registered Nurses have become fully trained as paralegals in the manner described above, and assist behind the scenes on these cases, in addition to serving as expert witnesses from time to time. There is an extremely high demand for nurses to begin with, so the demand for nurses with paralegal skills is expected to remain very high in the near future.


PARALEGALS AND NOTARIES PUBLIC

A large percentage of paralegals and legal secretaries are also commissioned as notaries public.


PARALEGALS OUTSIDE OF THE UNITED STATES

The original concept of paralegals started with the Attorneys Assistants of the United Kingdom, where paralegals may be found today, acting as assistants to fully qualified solicitors. In most countries, a Bachelor's degree is sufficient education to practice law, though not necessarily at the highest levels; in the U.K. further qualification is required to act as a barrister (England) or advocate (Scotland). Meanwhile, in the U.S. a Bachelor's degree is becoming the standard for paralegals.

In the U.K., with many graduates finding a training contract hard to secure, it is now the norm for individuals who have completed the educational stage of the qualifications necessary to become a solicitor to seek employment as a paralegal in order to gain the experience of working in a legal firm necessary to secure the training contract. Initially this was simply a way of earning money in a relevant working environment, however it is now almost necessary for a training contract applicant to demonstrate having had such employment, and many firms will only recruit from their own pool of paralegals. This unofficial extension to the requirements necessary to become a qualified solicitor is a source of continued frustration amongst law graduates, and fuels the calls for the Law Society to replace the current qualification scheme with something fairer, faster, and at lower cost to the underpaid graduate. Further, in England & Wales anyone may call him or herself a paralegal without any qualification whatsoever. The National Association of Licensed Paralegals is hoping this will change but for the moment 'paralegal' is not a protected title. Paralegals in England and Wales may offer legal advice, as may any person, as there is no offence such as the unauthorized practice of law. Of course a client 'wronged' by such a paralegal may have remedy in a civil court for damages. Such paralegals have rights of audience in the small claims court. The NALP is planning to petition the Department of Constitutional Affairs to obtain rights of audience in the magistrates court, crown court and high court and have met with enthusiasm by the government in a bid to widen access to justice. Paralegals, and indeed any lay mmber of the public, can act as a Police Station Representative and give advice to clients under caution at the police station. If they wish to be paid by the government (LSC) they must become accredited but otherwise their are no laws or restrictions to stop this.

The Province of Ontario, Canada, recently became the first jurisdiction in North America to provide for the licensing of independent paralegals. This task will be the responsibility of the Law Society of Upper Canada (founded in 1797), which already regulates Ontario's 40,000 or so lawyers. As of May 1, 2007, the Law Society will determine what types of services paralegals can offer without the supervision of a lawyer. The Society will also be responsible for disciplining paralegals who do not conform to rules of professional conduct.


EXTERNAL LINKS

Current ABA Definition of Legal Assistant/Paralegal

Florida Registered Paralegal Program

Paralegal Division of the State Bar of Texas

NFPA - National Federation of Paralegal Associations

NALS - The association for legal professionals