PARALEGAL
Not all legal work requires a law degree. Lawyers are often assisted in their work by paralegals or legal assistants. Paralegals perform many of the same tasks as lawyers, except for those considered to be the practice of law. Paralegals work for lawyers. Although the lawyers assume responsibility for the legal work, they often delegate many of their tasks to paralegals. Paralegals are prohibited from setting legal fees, giving legal advice and presenting cases in court.
After organizing and analyzing the information, paralegals may prepare written reports that attorneys use in determining how cases should be handled. Should 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 documents and correspondence important to cases, and make them available to attorneys.
Paralegals may work in all areas of the law, including litigation, bankruptcy, corporate law, criminal law, employee benefits, patent and copyright law, and real estate. They help draft contracts, mortgages, separation agreements and trust instruments. They may also help prepare tax returns and plan estates (see also Accounting). Some paralegals coordinate the activities of other law office employees, and keep the financial records for the office.
Paralegals who work for corporations help attorneys with employee contracts, shareholder agreements, stock option plans and employee benefit plans. They may help prepare and file annual financial reports, maintain corporate minute books and resolutions, and help secure loans for the corporation. Paralegals may also review government regulations to ensure the corporation operates within the law.
The duties of paralegals who work in government vary depending on the agency in which they are employed. Generally, paralegals in government analyze legal material for internal use, maintain reference files, conduct research for attorneys, collect and analyze evidence for agency hearings, and prepare informative or explanatory material on the law, 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 in need of legal assistance. They file forms, conduct research and prepare documents. When authorized by law, they may represent clients at administrative hearings.
Some paralegals, usually those in small and medium-sized law firms, perform a variety of duties that require a general knowledge of the law. For example, they may research judicial decisions on improper police arrests or help prepare a mortgage contract.
Some paralegals employed by large law firms, government agencies and corporations specialize in one aspect of the law, including real estate, estate planning, family law, labor law, litigation and corporate law. Within specialties, functions often are broken down further so paralegals may deal with a specific area. For example, paralegals specializing in labor law may deal exclusively with employee benefits.
A growing number of paralegals use computers in their work. Computer software packages and on-line legal research are increasingly used to search legal literature stored in computer databases and on CD-ROM. The Internet is also used extensively for legal research. In litigation involving many supporting documents, paralegals may use computer databases to organize, index, and retrieve the material. Imaging software allows paralegals to scan documents directly into a database. Paralegals sometimes use billing programs to track hours billed to clients. They may also use computer software packages to perform tax computations and explore the consequences of possible tax strategies for clients (see also Accounting and Information Technology).
Litigation support specialists are a specialized type of paralegal. Legal firms describe them as part investigator, researcher and paralegal. They generally perform background work for lawyers who specialize in litigation. This involves researching appropriate legal precedents, legal articles and other relevant materials. Litigation support specialists may also be required to prepare legal arguments, file pleading and other documents with the court or clerk’s office, and manage case files. Evolving areas for litigation support specialists are audio/visual and multimedia skills. It is becoming more common in civil and criminal cases for attorneys to take advantage of audio/visual presentations and multimedia reenactments and simulations to capture the attention of jurors and make their case before them. Therefore, litigation support specialist may now require additional technical skills in preparing audio and video tapes, creating and editing computer graphics and multimedia presentations, and operation of various presentations equipment (see also multimedia specialist under Information Technology).
SPECIAL WORKING CONDITIONS Paralegals do most of their work at desks 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, then released when the workload diminishes. Paralegals who work for law firms sometimes work very long hours when they are under pressure to meet deadlines. Some law firms reward such loyalty with bonuses and additional time off.
Paralegals handle many routine assignments, particularly when they are inexperienced. Paralegals usually assume more responsible and varied tasks as they gain experience. Furthermore, as new laws and judicial interpretations emerge, paralegals are exposed to new legal problems that make their work more interesting and challenging.
Paralegals must be able to handle legal problems logically and communicate, both orally and in writing, their findings and opinions to their supervising attorney. They must understand legal terminology and have good research and investigative skills. Familiarity with the operation and applications of computers in legal research and litigation support is increasingly important. Paralegals must always stay abreast of new developments in the law that affect their area of practice. Paralegals can participate in continuing legal education seminars to maintain their legal knowledge.
Because paralegals often deal with the public, they must be courteous and uphold the high 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 paralegals must follow.
There are several ways to become a paralegal. Employers generally require formal paralegal training obtained through associate or bachelor's degree programs, or certificate programs. Increasingly employers prefer graduates of 4-year paralegal programs, or college graduates who have completed short-term paralegal certificate programs. However, the majority of paralegals hold associate degrees. Some employers prefer to train paralegals on the job, promoting experienced legal secretaries or hiring college graduates with no legal experience. Other entrants have experience in a technical field that is useful to law firms, such as a background in tax preparation for tax and estate practice or nursing or health administration for personal injury practice.
Over 800 formal paralegal training programs are offered by 4-year colleges and universities, law schools, community and junior colleges, business schools and proprietary schools. There are currently 214 programs approved by the American Bar Association (ABA). Although this approval is neither required nor sought by many programs, graduation from an ABA-approved program can enhance one's employment opportunities. The requirements for admission to formal training programs vary widely. Some require some college courses or a bachelor's degree; others accept high school graduates or those with legal experience; and a few schools require standardized tests and personal interviews.
Paralegal programs include 2-year associate's degree programs, 4-year bachelor's degree programs, or certificate programs that take only a few months to complete. Many certificate programs only require a high school diploma or GED for admission. Programs typically include general courses on the law and legal research techniques, in addition to courses covering specialized areas of the law, such as real estate, estate planning and probate, litigation, family law, contracts and criminal law. Many employers prefer applicants with specialized training. Programs increasingly include courses introducing students to the legal applications of computers. Many paralegal training programs include an internship in which students gain practical experience by working for several months in a law office, corporate legal department or government agency. Experience gained in internships is an asset when seeking a job after graduation.
The quality of paralegal training programs varies; the better programs generally emphasize job placement. Prospective students should examine the experiences of recent graduates of programs in which they are considering enrolling.
Paralegals need not be certified, but the National Association of Legal Assistants has established standards for voluntary certification requiring various combinations of education and experience. Paralegals who meet these standards are eligible to take a 2-day examination, given 3 times each year at several regional testing centers. Those who pass this examination may use the designation Certified Legal Assistant (CLA). This designation is a sign of competence in the field and may enhance employment and advancement opportunities. The Paralegal Advanced Competency Exam, established in 1996 and administered through the National Federation of Paralegal Associations, offers professional recognition to paralegals with a bachelor's degree and at least 2 years of experience. Those who pass this examination may use the designation Registered Paralegal (RP).
Paralegals are usually given more responsibilities and less supervision as they gain more work experience. In large law firms, corporate legal departments, and government agencies, experienced paralegals may supervise other paralegals and clerical staff, and delegate work assigned by the attorneys. Advancement opportunities 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. Some attend law school and become attorneys.
Earnings of paralegals vary greatly. Salaries depend on education, training, experience, the type and size of employer, and the geographic location of the job. Generally, paralegals who work for large law firms or in large metropolitan areas earn more than those who work for smaller firms or in less populated regions.
According to the National Federation of Paralegal Associations, paralegals had an average annual salary of $32,900 in 1995. Starting salaries of paralegals with 1 year or less experience averaged $29,300. In addition to a salary, many paralegals received an annual bonus, which averaged about $1,900 in 1995.
The average annual salary of paralegal specialists who work for the Federal Government was about $44,400 in 1997.
Paralegals held about 113,000 jobs in 1996. Private law firms employed the vast majority; most of the remainder worked for the various levels of government. Within the Federal Government, the Department of Justice is the largest employer, followed by the Departments of Treasury and Defense, and the Federal Deposit Insurance Corporation. Other employers include State and local governments, publicly funded legal service projects, banks, real estate development companies, and insurance companies. A small number of paralegals own their own businesses; as freelance legal assistants, they contract their services to attorneys or corporate legal departments.
Competition for jobs should continue as the growing number of graduates from paralegal education programs keeps pace with employment growth. Employment of paralegals is expected to grow much faster than the national average—ranking among the 20 fastest-growing occupations in the economy through the year 2006—as law firms and other employers with legal staffs increasingly hire paralegals to lower the cost, and increase the availability and efficiency, of legal services. While new jobs created by rapid employment growth will create most of the job openings for paralegals in the future, other job openings will arise as people leave the occupation.
Private law firms will continue to be the largest employers of paralegals as a growing population requires additional legal services, especially in areas such as intellectual property, health care law, international law, elder law, sexual harassment and the environment. The growth of prepaid legal plans should also contribute to the demand for the services of law firms. A growing array of other organizations, such as corporate legal departments, insurance companies, real estate and title insurance firms, and banks will also hire paralegals.
Job opportunities for paralegals will expand even in the public sector. Community legal service programs—which provide assistance to the poor, aged, minorities and middle-income families—operate on limited budgets. They will seek to employ additional paralegals in order to minimize expenses and serve the most people. Federal, State and local government agencies, consumer organizations and the courts should continue to hire paralegals in increasing numbers.
To a limited extent, paralegal jobs are affected by the business cycle. During recessions, demand declines for some discretionary legal services, such as planning estates, drafting wills and handling real estate transactions. Corporations are less inclined to initiate litigation when falling sales and profits lead to fiscal belt tightening. As a result, full-time paralegals employed in offices adversely affected by a recession may be laid off or have their work hours reduced. On the other hand, during recessions, corporations and individuals are more likely to face other legal problems, such as bankruptcies, foreclosures and divorces, that require legal assistance. Paralegals, who provide many of the same legal services at a lower cost, may fare better than lawyers.