the paralegal professional essentials, second edition
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The Paralegal Professional ESSENTIALS, Second Edition. Part I Chapter 1: The Paralegal Profession. What Is a Paralegal?. No distinction between “paralegal” and “legal assistant” Trend toward using “paralegal” May be distinctions in job descriptions within an organization. - PowerPoint PPT PresentationTRANSCRIPT
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
The Paralegal ProfessionalESSENTIALS, Second Edition
Part I
Chapter 1: The Paralegal Profession
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
What Is a Paralegal?
No distinction between “paralegal” and “legal assistant”– Trend toward using “paralegal”– May be distinctions in job descriptions within an
organization
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
American Bar Association (ABA)
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 and who performs specifically delegated substantive legal work for which a lawyer is responsible.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
National Federation of Paralegal Associations (NFPA)
A paralegal is a person qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts as customarily, but not exclusively performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
What Do Paralegals Do?
Tasks:– Interviewing clients– Conducting factual investigations– Legal research
Assist attorneys in law firms or legal departments:– In preparing for hearings, trials, meetings,
closings
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Typical Preparations
Drafting documents Completing forms Coordinating activities Maintaining financial records
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Background
They may bring prior work skills:– Science and medicine– Engineering, architecture, construction– Customer relations (front-end positions)– Bookkeeping or financial experience
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Credentials
May obtain a national certification:– Certified Legal Assistant (CLA), through National
Association of Legal Assistants (NALA)– Registered Paralegal, through NFPA– Professional Paralegal, through National
Association of Legal Professionals (NALS)
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Opportunities for Paralegals
More paralegals are employed by larger firms than smaller firms; small firms tend to use secretaries for some paralegal tasks.
Two-thirds of attorneys surveyed have paralegals at their firms.
Paralegals are most commonly utilized by firms practicing in the areas of:
– Business/corporate– Probate/estate planning– Litigation
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Compensation
Salaries are higher in large, metropolitan areas. Large firms tend to pay more. Paralegal billings must be based on paralegal
(billable) activities, not clerical or secretarial (overhead) activities.
Courts can award paralegal fees along with attorney fees.
Some attention is being paid to the choice of an attorney to perform tasks a paralegal could perform for less. Court-awarded fees may be reduced accordingly.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Compensation, cont.
The amount billed to the client for paralegal work is about half of the attorney’s rate.
The amount billed is usually about 3 to 4 times the compensation received by the paralegal.
This method of leveraging makes paralegal use a profit center, not an expense, to a firm.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Growth of the Profession
The Department of Labor anticipates above-average growth in the profession until at least 2014.
Advanced degrees can facilitate career advancement:
– Entry-level positions in small firms may only require an associate degree.
– Employment in a large firm may require a bachelor degree.– It is important to obtain degrees with transferable credits to
promote career growth.– Continuing education is important in all areas of law, but
especially in technological applications.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Role of the Paralegal
Part of a “legal services team” Responsibility (and compensation) will
increase with additional education, training, and experience.
Paralegals are essential to providing lower-cost legal services.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
National Associations
National Association of Legal Assistants (NALA) – largest association, providing the CLA & CLAS credentials.
National Federation of Paralegal Associations (NFPA) – second largest, providing the PACE credential.
National Association of Legal Professionals (NALS) – for all legal support personnel, providing the PP credential.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
National Associations, cont.
Association of Legal Administrators (ALA) – support for management professionals.
International Paralegal Management Association (LAMA) – support for paralegal managers.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Qualifications
Some states provide definitions that specify education or training, but it is mostly left to the legal profession:– American Bar Association (ABA) provides
approval for paralegal education programs.– American Association for Paralegal Education
(AAfPE) has established a core curriculum for paralegal programs.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
ABA Approval
Views qualified paralegals as contributing to the ABA goal of providing increased access to legal services.
Can approve a paralegal educational program:“…that is designed to qualify its graduates to be
employed in law-related occupations….” Post-secondary, at least 60 semester hours,
at least 18 hours must be legal specialty courses.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
AAfPE Role
Provides a core curriculum, model syllabi, and instructional assistance to paralegal programs:– Promote high educational standards– Provide a forum for educators– Provide technical assistance to educators– Promote research– Coordinate with the ABA, NALA, NFPA, and other
groups in achieving educational excellence
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Relevant Skills
Critical thinking Organizational General communication Interpersonal Legal research Legal writing Computer Interviewing and investigation
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Areas of Knowledge
The legal system Law office procedures Professional and ethical obligations Contracts Torts Business organizations Litigation procedures
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Types of Programs
Certificate programs– Less than a degree– May or may not be transferable college credit– Value of programs determined by the marketplace– Useful for people with existing degrees
Associate degree programs– Offered by community or junior colleges– May be ABA-approved– Good entry-level credential for small or medium
firms
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Types of Programs, cont.
Baccalaureate programs– May be the minimum requirement for the largest
firms– Provides knowledge in related areas
Psychology Accounting and finance Business practices Science and engineering
There are Master’s programs available in paralegal and related legal studies.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Specialty Certificates
Frequently the product of a second career in the law:– Legal Nurse Consultants– Journalism– Investigation and law enforcement– Information technology
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Setting Goals
Assess your skills and interests– Explore your background for useful skills, such as money handling,
customer service, fluency in other languages, artistic talent, computer proficiency, etc.
Determine your preference in work environments– A “people person?”– Prefer team work or greater autonomy?– Like research? Good at interviewing? Great drafting skills?
Explore course offerings to determine a specialty area that interests you.
Determine your physical, geographic, time limits. Identify personal interests, such as education, the environment.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Choosing Electives
Can be used to “try on” an area of law Can be used to create a specialty for
yourself:– A business law track might include additional
accounting courses, workers’ compensation, tax courses, employment law, real property, labor law, alternative dispute resolution, etc., in addition to business organizations and transactions.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Paralegal Skills
Skills you already possess:– Reading English– Oral and/or written communications– Initiative
And possibly:– Computer and Internet– Additional language(s)– Other educational and work experience
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Organization
The ability to:– Categorize– Prioritize– Utilize time efficiently
Being resourceful– Determination to get the job done– When conventional approaches fail, the ability to
use unconventional means
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Commitment
Finishing seemingly insurmountable tasks Supporting a team Finishing tasks in the allotted time Assuming responsibility for your work Recognizing that time limits are crucial in law
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Analytical Skills
Step-by-step problem solving Identifying possible factors, analyzing each,
eliminating, and narrowing Identifying facts and legal issues Comparing and contrasting your client’s
situation to existing law Applying the elements of the law to your
client’s situation
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Interpersonal Skills
Paralegals may be “front-end” client contacts. Legal teams require cooperation. Sensitivity is required in many situations. Paralegals need an understanding of their “corporate
culture” and an appreciation of other cultural differences.
Oral and written communications must be professional and reflect the law office’s standards.
The Paralegal Professional ESSENTIALS, 2/eBy Cheeseman and Goldman
PRENTICE HALL ©2008 Pearson Education, Inc. Upper Saddle River, NJ 07458
Communication Skills
Expressing ideas effectively Need accuracy in communicating
assignments, client information, expectations Electronic communications have reduced the
ability to interpret “body language” or facial expressions, limiting the effectiveness of communication.
Clarity and accuracy is of paramount importance.