Paralegals
While lawyers assume ultimate responsibility for legal
work, they often delegate many of their tasks to
paralegals. In fact, paralegals—also called legal
assistants—are continuing to assume a growing range of
tasks in legal offices and perform many of the same
tasks as lawyers. Nevertheless, they are explicitly
prohibited from carrying out duties considered to be the
practice of law, such as setting legal fees, giving
legal advice, and presenting cases in court.
One of a paralegal’s most important tasks is helping
lawyers prepare for closings, hearings, trials, and
corporate meetings. Paralegals might investigate the
facts of cases and ensure that all relevant information
is considered. They also identify appropriate laws,
judicial decisions, legal articles, and other materials
that are relevant to assigned cases. After they analyze
and organize the information, paralegals may prepare
written reports that attorneys use in determining how
cases should be handled. If attorneys decide to file
lawsuits on behalf of clients, paralegals may help
prepare the legal arguments, draft pleadings and motions
to be filed with the court, obtain affidavits, and
assist attorneys during trials. Paralegals also organize
and track files of all important case documents and make
them available and easily accessible to attorneys.
In addition to this preparatory work, paralegals perform
a number of other functions. For example, they help
draft contracts, mortgages, and separation agreements.
They also may assist in preparing tax returns,
establishing trust funds, and planning estates. Some
paralegals coordinate the activities of other law office
employees and maintain financial office records.
Computer software packages and the Internet are used to
search legal literature stored in computer databases and
on CD-ROM. In litigation involving many supporting
documents, paralegals usually use computer databases to
retrieve, organize, and index various materials. Imaging
software allows paralegals to scan documents directly
into a database, while billing programs help them to
track hours billed to clients. Computer software
packages also are used to perform tax computations and
explore the consequences of various tax strategies for
clients.
Paralegals are found in all types of organizations, but
most are employed by law firms, corporate legal
departments, and various government offices. In these
organizations, they can work in many different areas of
the law, including litigation, personal injury,
corporate law, criminal law, employee benefits,
intellectual property, labor law, bankruptcy,
immigration, family law, and real estate. As the law
becomes more complex, paralegals become more
specialized. Within specialties, functions are often
broken down further. For example, paralegals
specializing in labor law may concentrate exclusively on
employee benefits. In small and medium-size law firms,
duties are often more general.
The tasks of paralegals differ widely according to the
type of organization for which they work. A corporate
paralegal often assists attorneys with employee
contracts, shareholder agreements, stock-option plans,
and employee benefit plans. They also may help prepare
and file annual financial reports, maintain corporate
minutes’ record resolutions, and prepare forms to secure
loans for the corporation. Corporate paralegals often
monitor and review government regulations to ensure that
the corporation is aware of new requirements and is
operating within the law. Increasingly, experienced
corporate paralegals or paralegal managers are assuming
additional supervisory responsibilities such as
overseeing team projects.
The duties of paralegals who work in the public sector
usually vary by agency. In general, litigation
paralegals analyze legal material for internal use,
maintain reference files, conduct research for
attorneys, and collect and analyze evidence for agency
hearings. They may prepare informative or explanatory
material on laws, agency regulations, and agency policy
for general use by the agency and the public. Paralegals
employed in community legal-service projects help the
poor, the aged, and others who are in need of legal
assistance. They file forms, conduct research, prepare
documents, and, when authorized by law, may represent
clients at administrative hearings.
Work environment. Paralegals handle many routine
assignments, particularly when they are inexperienced.
As they gain experience, paralegals usually assume more
varied tasks with additional responsibility. Paralegals
do most of their work in offices and law libraries.
Occasionally, they travel to gather information and
perform other duties.
Paralegals employed by corporations and government
usually work a standard 40-hour week. Although most
paralegals work year round, some are temporarily
employed during busy times of the year and then
released. Paralegals who work for law firms sometimes
work very long hours when under pressure to meet
deadlines.
Training, Other Qualifications, and Advancement
Most entrants have an associate degree in paralegal
studies, or a bachelor’s degree coupled with a
certificate in paralegal studies. Some employers train
paralegals on the job.
Education and training. There are several ways to become
a paralegal. The most common is through a community
college paralegal program that leads to an associate
degree. Another common method of entry, mainly for those
who already have a college degree, is earning a
certificate in paralegal studies. A small number of
schools offer a bachelor’s and master’s degree in
paralegal studies. Finally, some employers train
paralegals on the job.
Associate and bachelor’s degree programs usually combine
paralegal training with courses in other academic
subjects. Certificate programs vary significantly, with
some only taking a few months to complete. Most
certificate programs provide intensive paralegal
training for individuals who already hold college
degrees.
About 1,000 colleges and universities, law schools, and
proprietary schools offer formal paralegal training
programs. Approximately 260 paralegal programs are
approved by the American Bar Association (ABA). Although
many employers do not require such approval, graduation
from an ABA-approved program can enhance employment
opportunities. Admission requirements vary. Some require
certain college courses or a bachelor’s degree, while
others accept high school graduates or those with legal
experience. A few schools require standardized tests and
personal interviews.
The quality of paralegal training programs varies; some
programs may include job placement services. If
possible, prospective students should examine the
experiences of recent graduates before enrolling in a
paralegal program. Any training program usually includes
courses in legal research and the legal applications of
computers. Many paralegal training programs also offer
an internship in which students gain practical
experience by working for several months in a private
law firm, the office of a public defender or attorney
general, a corporate legal department, a legal aid
organization, a bank, or a government agency. Internship
experience is an asset when one is seeking a job after
graduation.
Some employers train paralegals on the job, hiring
college graduates with no legal experience or promoting
experienced legal secretaries. Other entrants have
experience in a technical field that is useful to law
firms, such as a background in tax preparation or
criminal justice. Nursing or health administration
experience is valuable in personal injury law practices.
Certification and other qualifications. Although most
employers do not require certification, earning a
voluntary certification from a professional society may
offer advantages in the labor market. The National
Association of Legal Assistants (NALA), for example, has
established standards for certification requiring
various combinations of education and experience.
Paralegals who meet these standards are eligible to take
a 2-day examination. Those who pass the exam may use the
Certified Legal Assistant (CLA) or Certified Paralegal
(CP) credential. The NALA also offers the Advanced
Paralegal Certification for experienced paralegals who
want to specialize. The Advanced Paralegal Certification
program is a curriculum based program offered on the
Internet.
The American Alliance of Paralegals, Inc. offers the
American Alliance Certified Paralegal (AACP) credential,
a voluntary certification program. Paralegals seeking
the AACP certification must possess at least five years
of paralegal experience and meet one of the three
educational criteria. Certification must be renewed
every two years, including the completion 18 hours of
continuing education.
In addition, the National Federation of Paralegal
Association offers the Registered Paralegal (RP)
designation to paralegals with a bachelor’s degree and
at least 2 years of experience who pass an exam. To
maintain the credential, workers must complete 12 hours
of continuing education every 2 years. The National
Association for Legal Professionals offers the
Professional Paralegal (PP) certification to those who
pass a four-part exam. Recertification requires 75 hours
of continuing education.
Paralegals must be able to document and present their
findings and opinions to their supervising attorney.
They need to understand legal terminology and have good
research and investigative skills. Familiarity with the
operation and applications of computers in legal
research and litigation support also is important.
Paralegals should stay informed of new developments in
the laws that affect their area of practice.
Participation in continuing legal education seminars
allows paralegals to maintain and expand their knowledge
of the law. In fact, all paralegals in California must
complete 4 hours of mandatory continuing education in
either general law or in a specialized area of law.
Because paralegals frequently deal with the public, they
should be courteous and uphold the ethical standards of
the legal profession. The National Association of Legal
Assistants, the National Federation of Paralegal
Associations, and a few States have established ethical
guidelines for paralegals to follow.
Advancement. Paralegals usually are given more
responsibilities and require less supervision as they
gain work experience. Experienced paralegals who work in
large law firms, corporate legal departments, or
government agencies may supervise and delegate
assignments to other paralegals and clerical staff.
Advancement opportunities also include promotion to
managerial and other law-related positions within the
firm or corporate legal department. However, some
paralegals find it easier to move to another law firm
when seeking increased responsibility or advancement.
Source: Occupational Outlook Handbook
