Chapter 2 – Paralegals in the Legal System

Paralegals in the Legal System

• [P]aralegals are capable of carrying out many tasks, under the supervision of an attorney, that might otherwise be performed by a lawyer. – Justice Brennan   

ABA Paralegal Definition 

• 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.

NALA Paralegal Definition 

• A distinguishable group of non lawyers  who assist attorneys in the delivery of legal services and
• through formal education, training, and experience have knowledge and expertise regarding the legal system. . .
• which qualify them to do work of a legal  nature under the supervision of an attorney.

NFPA Paralegal Definition

• A person qualified through education, training or work experience…
• To perform substantive legal work. . .customarily performed by a lawyer who may be. . .
• retained by a lawyer, law office, governmental agency or other entity or. . .
• Authorized by administrative, statutory, or court authority to perform this work.

Freelance Paralegals

• Independent contractors are hired on an “as needed” basis and not as an employee of a law firm or corporation            

Unsupervised Nonlawyers

• Legal Technician/Independent Paralegal
  • Provides legal advice to those who represent themselves
• Lay Advocate
  • Represents persons before administrative agencies.
• Legal Scrivener
  • Prepares standardized legal documents
• Document Preparer
  • Prepares legal documents for public but legally limited to providing ministerial tasks and published factual information

Qualifications

• Effective paralegals:
  • Possess a sound grasp of substantive and procedural law
  • Think analytically and logically
  • Communicate clearly and concisely
  • Act in a congenial, professional manner
  • Work well with minimum supervision
  • Work within deadlines AND. . . 
  • Possess ingenuity and good judgment !

Formal Requirements

• ABA approved educational programs must meet  a formal set of educational standards
• American Association for Paralegal Education (AAfPE) requires member programs to be in “substantial compliance” with ABA standards

Paralegal Professional Associations

• National Federation of Paralegal Associations (NFPA)
• National Association of Legal Assistants (NALA)
• Paralegal Management Association (IPMA)

Levels  of Regulation

• Registration
• Certification
• Licensure

Registration

• When individuals or organizations have their names placed on an official list by a private organization or governmental agency

Certification vs. Certificated

• Certification
  • Formally recognized by nongovernmental organization for meeting special criteria.
• Certificated
  • Received certificate documenting successful completion of educational program.

Licensure

• Process where governmental agencies establish standards and prohibit those who have not met standards from working in that field.

Currently. . .

• No states license paralegals or legal technicians
• NALA operates a formal certification program through an examination process
• NFPA administers a PACE proficiency exam

Points of Law

• Paralegals commit unauthorized practice  of law if give legal advice, sign court documents, or appear in court on behalf of a client       
• Paralegals must respect confidentiality of  the client-attorney relationship
• Paralegals cannot risk creating a conflict    of interest

What Paralegals Do

• Communicate with clients
• Research
• Draft documents
• Case manage

Where Paralegals Work

• In private legal practices such as:
  • Traditional partnerships
  • Professional corporations
  • Limited liability partnerships
  • Sole proprietorships
  • Office-sharing arrangements

Where Paralegals Work

• In other settings which include:
  • Legal departments of a businesses
  • Legal departments of a governmental agencies
  • Legal clinics
  • Legal services offices

Answers to Chapter 2 Questions

• What is the purpose of this section
  • The purpose of this section is to define the individuals who are considered as paralegals, state their functions they are allowed to perform, and identify the functions they are not allowed to perform.   It also sets out the qualification required before an individual can perform the function of a paralegal.  The section also determines the actions which are considered unlawful for a paralegal to perform.
• What people does this section apply to ?
  • Section 6450 applies to individuals who are performing the functions of a paralegal.  It also applies to a lawyer who uses the services of a paralegal in case the said paralegal causes harm to another person.
• What is allowed and what is prohibited? Be specific
  • A paralegal is allowed to perform the functions assigned to him by his attorney who closely supervises him including case planning, development and management; legal research, interviewing of clients; colleting, compiling and utilizing technical information and making independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency.
  • A paralegal is prohibited from engaging in a number of actions deemed to be exclusively performed by lawyers which are the following: provide legal advice; represent a client in court; select, explain, draft, or recommend the use of any legal document; act as runner or capper; engage in conduct that constitutes unlawful practice of law; contract with or be employed by a natural person other than an attorney to perform paralegal services; induce a person to make an investment, purchase a financial product or service from which income maybe derived; and to establish the fees to charge a client for the services that paralegal performs.
• What do you think is the most important provision in this section?
  • I think the most important provision in this section is 6450b which is the section that determines all the actions that the paralegal is prohibited to perform.  The section is stated in clear language and clearly identifies the actions that only a lawyer can perform.
• When did this section come into existence and why?
  • The section came into existence last January 1, 2004. 
• What are the penalties for violating this code section.
  • Section 6455 states that violation of the provisions of Section 6451 and 6452 is punishable upon conviction by a fine of up to two thousand five hundred dollars ($2500).  In addition, the paralegal may be ordered by the court to pay restitution to the victim. 
• Do you agree with this code? Why?
  • Yes, I agree with the code.  I believe it is important to limit the actions that a paralegal is allowed to perform.  A paralegal cannot and should not engage in the functions which only a lawyer can perform.  A paralegal should never represent himself that he can perform the function of a lawyer because doing so might cause serious prejudice to the client.  A lawyer’s work is not a trade or business that anybody can just perform.