Paralegal is used in most jurisdictions to describe a
paraprofessionalParaprofessional is a job title given to persons in various occupational fields, such as education, healthcare, engineering and law, who are trained to assist professionals but are not themselves licensed at a professional level...
who assists qualified
lawyerA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s in their legal work. This is true in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
and many other countries. However, in
OntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
,
CanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, paralegals are licensed by the Law Society of Upper Canada, giving paralegals an independent status in this jurisdiction.
Paralegals are not the same in every country. In the United States, they are not authorized by the government or other agency to offer legal services in the same way, nor are they officers of the court, nor are they usually subject to government-/court-sanctioned rules of conduct. In
OntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
,
CanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, paralegals are licensed and regulated the same way that lawyers are. A paralegal license allows for the paralegal to provide permitted legal services to the public and appear before certain lower level courts and administrative tribunals.
In the United States, paralegals originated as assistants to lawyers at a time when only lawyers offered legal services. In those jurisdictions, such as the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, where the local legal profession/judiciary is involved in paralegal recognition/accreditation, the profession of paralegal still basically refers to those people working under the direct supervision of a lawyer. In other jurisdictions however, such as the
United KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the lack of local legal profession/judiciary oversight means that the definition of paralegal encompasses non-lawyers doing legal work, regardless of whom they do it for. Although most jurisdictions recognize paralegals to a greater or lesser extent, there is no international consistency as to definition, job-role, status, terms and conditions of employment, training, regulation or anything else and so each jurisdiction must be looked at individually.
Official definitions
Various legal organizations offer official definitions of a paralegal: these definitions typically have slight differences. Definitions offered by major organizations include:
- From the Paralegal Society of Ontario: "A paralegal is an individual qualified through education or experience licensed to provide legal services to the general public in areas authorized by the Law Society of Upper Canada
- From the United Kingdom's National Association of Licensed Paralegals: 'A person who is educated and trained to perform legal tasks but who is not a qualified solicitor or barrister'.
- From the American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
: "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 who performs specifically delegated substantive legal work for which a lawyer is responsible." Under this definition, the legal responsibility for a paralegal's work rests directly and solely upon the lawyer.
- From the National Federation of Paralegal Associations (NFPA) [USA]: "A Paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is 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. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts."
- From the National Association of Legal Assistants (NALA) [USA]: "Legal assistants, also known as paralegals, are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney." In 2001, NALA adopted the ABA's definition of a paralegal or legal assistant as an addition to its definition.
- From the American Association for Paralegal Education (AAfPE): "Paralegals perform substantive and procedural legal work as authorized by law, which work, in the absence of the paralegal, would be performed by an attorney. Paralegals have knowledge of the law gained through education, or education and work experience, which qualifies them to perform legal work. Paralegals adhere to recognized ethical standards and rules of professional responsibility."
- From the United Kingdom's Institute of Paralegals: "A paralegal is a non-lawyer who does legal work that previously would have been done by a lawyer, or if done by a lawyer, would be charged for."
- From the International Paralegal Management Association (IPMA) "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 who performs specifically delegated substantive legal work for which a lawyer is responsible." Under this definition, the legal responsibility for a paralegal's work rests directly and solely upon the lawyer."
Difference between paralegals and lawyers in the United States
The greatest differences between lawyers and paralegals are that lawyers can set fees, give legal advice, appear as counsel of record in court, and sign pleadings (and other court documents) in a representative capacity. If a paralegal attempts to do any of these acts, they will be in violation of the unauthorized practice of law statutes that exist in most U.S. states.
Paralegals are responsible for handling tasks such as legal writing, research and other forms of documentation for the lawyers that they work under.
Other traditional differences between a paralegal and a lawyer (i.e. attorney) is that:
- paralegal expertise/training tends to be niche, whereas a lawyer has a much broader, longer, more formal and holistic training, and
- that the lawyer's primary job is to consider, analyze and strategize, whereas a paralegal's primary responsibility is to carry out the tasks arising from that consideration, analysis and strategy.
Paralegals are found in all areas where United States lawyers work—in
criminal trialsCriminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
, in
real estateIn general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
, in government, in
estate planningEstate planning is the process of anticipating and arranging for the disposal of an estate. Estate planning typically attempts to eliminate uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses...
. In the US, paralegals and
legal document assistantA legal document assistant in the United States is a non-lawyer authorized to assist with the preparation of legal instruments...
s (LDAs) are often mistaken for one another.
In some areas, such legal document assistants actually advertise themselves as paralegals. However, many states, including Florida, have enacted laws or bar rules which require any person referring to themself as a paralegal to be working under the supervision a licensed attorney. This would disqualify those individuals working as "independent paralegals" from using the title "paralegal".
Difference between paralegals and legal secretaries
In Canada, paralegals can become either Commissioners for Oaths (the equivalent of a U.S. notary public) or a notary public (having much broader powers than the U.S. form of notary), depending on their education and experience. This link is not necessarily the norm in other jurisdictions. In the United Kingdom for example, notaries are a distinct group, and tend to be solicitors.
Paralegals in Canada
In Canada, paralegals are legal agents who have the ability to represent on many matters, including all Provincial Offences, work for Provincial Tribunals and Boards, as well as Summary Criminal Cases. They are not "law clerks" in the province of Ontario, Canada and are considered to be a formal part of the legal system. Paralegals may become Commissioners, Notary Publics and act as a Justice of the Peace.
In the Province of Ontario, a paralegal is an
officer of the courtThe generic term officer of the court applies to all those who, in some degree in function of their professional or similar qualifications, have a legal part—and hence legal and deontological obligations—in the complex functioning of the judicial system as a whole, in order to forge justice out of...
(
i.e. considered a formal part of the legal system). Paralegals in Ontario are licensed and regulated by the Law Society of Upper Canada, which also regulates and provides licenses for all lawyers in Ontario. The Law Society began issuing the first paralegal licences to grandparent applicants who fulfilled all the necessary licensing requirements (including insurance) in April 2008. Paralegals who provide legal services to the public must carry
professional liability insuranceProfessional liability insurance , also called professional indemnity insurance but more commonly known as errors & omissions in the US, is a form of liability insurance that helps protect professional advice- and service-providing individuals and companies from bearing the full cost of defending...
in accordance with By-Law 6, Part II, section 12 (1). Licensees must provide written proof of their compliance with this requirement to carry mandatory insurance before they begin providing legal services, as well as on an annual basis. Paralegal services may be provided via a sole proprietorship, partnership or professional corporation. Licensees are strongly encouraged to seek professional advice on the best business structure for their particular situations. A paralegal license allows a paralegal to independently represent clients in provincial offences court, summary conviction criminal court, small claims court and administrative tribunals such as the Financial Services Commission of Ontario or the Workplace Safety and Insurance Board. The role that a paralegal has in the United States is similar to the role of a law clerk or legal assistant in Ontario. Many paralegals in Ontario work in the areas of permitted practice for paralegals and also work alongside lawyers in areas of practice that are only permitted to be practiced by lawyers. It is illegal for paralegals in Ontario to independently practice in an area of law that is permitted only for lawyers. An example of this is family law, or an indictable offence in criminal law.
Continuing Professional Development in Ontario
All Lawyers and paralegals who practise law and provide legal services in Ontario, are required to complete the CPD program.
Continuing professional development (CPD) is the maintenance and enhancement of a lawyer or paralegal's professional knowledge, skills, attitudes and professionalism throughout the individual's career. It is a positive tool that benefits lawyers and paralegals and is an essential component of the commitment they make to the public to practise law or provide legal services competently and ethically.
United States
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 firmA law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
s, for
corporationA corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s, 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.
Some paralegals have only on-the-job experience, while some paralegals have completed a
two-year courseAn associate degree is an undergraduate academic degree awarded by community colleges, junior colleges, technical colleges, and bachelor's degree-granting colleges and universities upon completion of a course of study usually lasting two years...
or
bachelor's degreeA bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
in paralegal studies. Others have completed a bachelor's or even a
master's degreeA master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
in another field, and quite a few of these people have also completed a regular or post-baccalaureate paralegal certificate, or have completed some semesters of law school but have not been admitted to the bar. 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.
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.
There is generally no requirement in states for legal assistants or paralegals. California, however, is a major exception. Up until Business and professions code 6450 was signed into law by Governor
Gray DavisJoseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
in 2000, there was little, if any regulation of paralegals in the state. Thus, many people would prepare legal documents for the public (even though it is understood that paralegals are not supposed to provide services directly to the public) and call themselves paralegals. In addition to the flurry of lawsuits filed against these individuals, the paralegal profession began to be attacked. This caused the paralegal community to demand that the paralegal profession in California be regulated. Now persons wishing to become paralegals must complete a program approved by the ABA, complete a 24 credit unit paralegal program at an accredited institution or they can be grandfathered in under BPC 6450-56.
United Kingdom
The paralegal profession is developing at a rapid rate in the UK.
The
National Association of Licensed Paralegals(NALP) was established in 1987 and is the professional self-regulatory governing body for accredited paralegals. Access into the profession can either be with a law degree or without. Those who are already graduates can take
The Post Graduate Diploma in Paralegal Practice (PPC) (similar to the LPC for solicitors). Those that have no previous qualification can do the
Diploma in Paralegal Studies. The NALP is an awarding body regulated by
OFQUAL and is also a member of the
National Federation of Paralegal Associations (based in the US)
The Institute of Legal Executives (ILEX) has been established for almost 50 years, and was launched with the blessing of the Law Society. It regulates 15,000 trainee and 7,000 practising Legal Executive lawyers through an MOJ approved regulator, ILEX Professional Standards. ILEX is open to those with or without law degrees, and allows paralegals to progress through to ultimately become fully qualified lawyers, advocates, partners and judges, subject to achieving the correct level of qualifications, skills, and experience.
United States
In the United States, there is no such thing as a
licensed paralegal; rather, paralegals can be "registered," "certificated," or
certified. While
certificationCertification refers to the confirmation of certain characteristics of an object, person, or organization. This confirmation is often, but not always, provided by some form of external review, education, assessment, or audit...
or registration is voluntary in most states, it prepares a paralegal to enter the profession; in many places it may increase 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.
There are two major national organizations that offer designations to paralegals who meet voluntary regulation standards: the
National Association of Legal Assistants (NALA) and the
National Federation of Paralegal Associations (NFPA).
NALA offers its Certified Legal Assistant examination, a comprehensive 2-day examination that awards the paralegal the "CLA" or "Certified Legal Assistant" or "CP" Certified Paralegal" designation. Both the "CLA" and "CP" designations are proprietary trademarks owned by NALA, paralegals who have attained further education and received a paralegal certificate are referred to as "Certificated" unless they have passed the examination and been awarded the "Certified" designation. Additionally, those paralegals who receive the "Certified Paralegal" designation then have the opportunity to earn the "Advanced Certified Paralegal" designation.
The NFPA offers the Paralegal Advanced Competency Exam, which is a four-hour exam on a variety of legal topics; those who pass that exam can call themselves PACE-Registered Paralegals and display the "RP" designation. NFPA’s core purpose is to advance the paralegal profession and is committed to the profession’s Code of Ethics.
Graduation from a certificate or degree program does not, technically, certify a paralegal; in most states, passing an exam administered by a recognized entity is the only benchmark. 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.
Some states have considered the licensure of paralegals. Whether paralegals should be licensed or certified is one of the most important issues for paralegals today.
United Kingdom
NALP (
National Association of Licensed Paralegals) is the awarding body for paralegal qualifications, recognised as an awarding organisation by
Ofqual, the regulator of qualifications in England and Wales. NALP offers self-regulation and Licensing for Paralegals in England & Wales. NALP works with the Legal Services Board &
Skills for Justice. NALP's objective is to raise the profile of paralegals in the UK and has dedicated itself to the promoting the status of Paralegals and paralegal training in the United Kingdom and abroad. NALP offers affordable accessible training and qualifications at all levels.NALP is a not for profit company limited by guarantee.
There are various levels of certification and membership according to the level of training, qualification and experience.
To become a Licensed Paralegal a person should have an acceptable qualification in law, e.g. the Association's
Diploma in Paralegal Studies, ILEX, Law Degree or HND (plus a procedural law qualification) or any other qualification deemed suitable, and who can satisfy the other criteria laid down by the Association namely: knowledge, competence, dedication, character requirements and continuous professional development.
NALPs mission is to re-enforce and increase its position as the leading professional organisation catering for the Career Paralegal not only within the legal profession but also within commerce, industry and the private and public sectors and will strive to ensure the proper recognition of its Members as an integral part of the legal profession by the quality of its qualifications, professional development and the standards of behaviour and its regulatory powers laid down for its Members. It will encourage, promote and develop the role and practice of the Paralegal and represent the best interests of its Members.
ILEX
Since 1994 City and Guilds, in association with ILEX, has offered the UK's leading range of nationally and internationally approved qualifications for Paralegals and Legal Secretaries, which have been taken by over 20,000 people. They offer a Level 2 Award/Certificate/Diploma in Legal Studies qualification. This provides the underpinning knowledge which will help in day-to-day work and will also allows progression onto the ILEX route to becoming a lawyer. The qualification is divided into units and is assessed by way of assignments and a multiple-choice test. A Level 3 Diploma in Vocational Paralegal Studies qualification is also available, and this is equivalent to A-level standard. The qualification is divided into units and again, is assessed by way of assignments. The qualifications are also recognised by the ILEX (
Institute of Legal ExecutivesThe Institute of Legal Executives is the professional body for legal executives in England and Wales and an examination board providing qualifications for legal executives, paralegals and legal secretaries.-History:...
) as a route into their membership grades.
The Institute of Paralegals is the UK body setting national standards for paralegals, legal secretaries and other non-lawyer legal professionals working in the legal profession. They offer self regulation and certification for paralegals in England and Wales. On behalf of paralegals they also liaise regularly with government, The Law Society, Bar Council and others on issues of concern to paralegals, such as rights of audience, diversity, recognition of paralegals, terms and conditions, education and direct access to the Bar.
The Institute is widely recognised by, amongst others, The Law Society, Bar Council, UK government, Solicitors Regulation Authority and Legal Services Ombudsman. They are headquartered in Berkeley Square, Mayfair, London.
A not-for-profit professional body incorporated by guarantee, they were formed in 2003. They were granted institute status by the UK government in 2005, with the support of, amongst others, The Law Society of England & Wales, the Bar Council, Citizens Advice and the Crown Prosecution Service, all of whom recognised the need for the developing paralegal profession to have a representative body.
United States
In the United States, the median annual salary for a paralegal in the private sector is US$67,600 (as of May 2007).
Paralegals working for the
U.S. federal governmentThe federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
average over $73,000 per year while state and local government paralegals earn around $54,000. Larger law firms may pay over $100,000 annually with benefits depending on experience with starting salaries over $50,000. Starting salaries in smaller metropolitan areas, however, are about $44,000 annually.
United Kingdom
In the United Kingdom paralegal salaries in law firms can start at as little as £12,000 in some rural or suburban areas but may reach as high as £60 - £80,000 for the most senior in the larger city firms.
A paralegal can also work as a freelance offering their services to solicitors performing tasks such assisting Counsel at court and taking notes in court and presenting applications to District Judges in chambers. They can be paid on a daily or hourly rate earning up to £60 - £100 per day.
Economics
The paralegal phenomenon is a legal-economics argument in all jurisdictions - they exist precisely because they are not lawyers and thus can do the work much more cheaply. Other than expertise, the main constraint on what work a paralegal can or cannot do tends to be local rules that reserve (i.e. give a monopoly to) particular activities to lawyers. Each jurisdiction tends to have its own "reserved activities list".
United States
According to United States law, there are five specific acts which only a licensed attorney can perform:
- Establish the attorney-client relationship
- Give legal advice
- Sign legal papers and pleadings on behalf of a party
- Appear in court on behalf of another (i.e. the client)*
- Set and collect fees for legal services
*Non-attorneys, including paralegals, can appear in a representative capacity in many types of administrative hearings (that is, hearings held by administrative agencies located within the executive branch, as opposed to courts formally organized as part of the judiciary).
Beyond the five acts above, the paralegal can perform practically any other task, including
legal researchLegal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and...
,
legal writingLegal writing is a type of technical writing used by lawyers, judges, legislators, and others in law to express legal analysis and legal rights and duties.- Authority :...
, factual investigation, preparation of exhibits, and the day-to-day tasks of case management. The key is that attorneys are entirely responsible for the actions of their paralegals, and, by signing and filing court documents drafted by paralegals (or
law clerkA law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
s), attorneys make those documents their own.
United Kingdom
In the United Kingdom, the
Solicitors Act 1974The Solicitors Act 1974 is the Act of parliament in the United Kingdom governing the regulation and responsibilities of practicing solicitors, and the firms for whom they work, as well as stipulating under what circumstances one can practise as a solicitor...
reserves certain activities for solicitors. Broadly, these include:
- Preparing and lodging documents concerning the conveying or charging of land.
- Undertaking probate law.
- Undertaking litigation (except in the small claims court).
Trends in usage of paralegals
In the United States, the need for accredited qualifications and bar licensure limits the number of licensed attorneys. At the same time, there are many legal tasks for which a bar license is unnecessary but some amount of legal training is helpful. In order to lower costs, businesses may choose to employ paralegals to undertake such tasks instead of a more expensive lawyer. Paralegal time is typically billed at only a fraction of what a lawyer charges, and thus to the paralegal has fallen those substantive and procedural tasks which are too complex for
legal secretariesA legal secretary is a particular category of worker within the legal profession.In the practice of law in the United States, a legal secretary is person who works in the legal profession, typically assisting lawyers. Legal secretaries help by preparing and filing legal documents, such as appeals...
(whose time is not billed) but for which lawyers can no longer bill. This in turn makes lawyers more efficient by allowing them to concentrate solely on the substantive legal issues of the case, while paralegals have become the "case managers."
The growing demand of paralegal professionals at a very rapid rate has resulted in schools and colleges catering to such education popping up everywhere. It has been found through a survey that currently 50,000 students are enrolled in paralegal education courses. The American Association for Paralegal Education (AAPE) itself has more than 450 members; 260 of them are ABA-approved. Seminars and events are being held by various institutes to help broaden the knowledge base of the paralegal service providers and the importance associated with it. Although the nation is experiencing a recession, the paralegal profession continues to grow. Law firms and legal departments are cutting costs and increasing access to legal services by hiring paralegals.
The United Kingdom has gone one step further. Much legal work by lawyers for the poorer elements of society is
legally aidedLegal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
, or paid for by the state. As overall costs have risen due to more people than ever engaging with the law, the government has reduced such legal aid. As a result the work has become uneconomic for many and they have ceased doing it. Paralegal advisory firms are stepping in to fill the gap.
The increased use of paralegals has slowed the rising cost of legal services and serves in some small measure (in combination with contingency fees and insurance) to keep the cost of legal services within the reach of the regular population. However, one commentator has warned that "our profession makes a serious error if it uses legal assistants only as economic tools."
Paralegal Nurse Consultants
Some attorneys who 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 nurseA registered nurse is a nurse who has graduated from a nursing program at a university or college and has passed a national licensing exam. A registered nurse helps individuals, families, and groups to achieve health and prevent disease...
s 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.
Paralegal Day
Several
stateThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
governments have designated a "Paralegal Day", which is not the same day everywhere, in particular
New YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
's
governorA governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
David PatersonDavid Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...
,
MichiganMichigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
's governor Jennifer M. Granholm,
South CarolinaSouth Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
,
IdahoIdaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
's governor James E. Risch and the
TexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
Assembly.
CaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
,
ConnecticutConnecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
,
OhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, see, and
UtahUtah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
also have a Paralegal Day. American paralegals are also traditionally honored on St. Patrick's Day.
Paralegal Service or Document Preparers
There are a variety of services available to the general public depending on our State of residence. These companies have been known as Paralegal Services until they were required to change their names. These companies are now typically known to the general public as Court Document Preparers or Court Forms Providers. The State of Florida has numerous companies that prepare court documents for a variety of issues, such as Divorce, Bankruptcy, Paternity, Custody, Modification of Child Support, Name Change, Wills, Power of Attorney, Quit Claim Deeds, etc. If you do not have the ability to remedy your situation because of the high cost fees of any attorney a Court Document Preparer can save thousands of dollars. Such document preparers, however, frequently come under the scrutiny of various state bar organizations by over-stepping the basic document preparation and engaging in what could be considered "unauthorized practice of law." Such document preparation is indeed cost-saving for those who truly want to represent themselves in a legal matter, but want to pay someone to create the required documents. If problems arise in the legal case, however, the person who hired the paralegal service needs to understand that there is typically no legal liability on the part of the paralegal service and that such institutions cannot be sued for legal malpractice. Again, the philosophy is that the person utilizing such service is representing himself or herself in all legal matters and merely hiring a document preparer.
United Kingdom
The original concept of paralegals started with the Paralegal Association in the mid 1980's (now the
National Association of Licensed Paralegals).
However, it is only recently that paralegals have begun to be seen as more than merely assistants to lawyers. They are now a newly emergent, and increasingly distinct, group of legal professionals.
Research shows there to be over 200,000 non-lawyers doing legal work in the United Kingdom. There are now almost 4,000 government registered/regulated paralegal advisory firms offering services that would previously have been offered by lawyers.
The United Kingdom actually comprises three separate jurisdictions: England and Wales; Scotland; and Northern Ireland (the Channel Islands and the Isle of Man are distinct political entities as well as different jurisdictions). In the United Kingdom anyone may call himself/herself a paralegal without any qualifications whatsoever. Professional bodies such as the
National Association of Licensed Paralegals are lobbying for this to change, but for the present '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 - with three exceptions:
- Undertaking the activities reserved to solicitors under the Solicitors Act 1974;
- Undertaking immigration work if not registered with the Office of the Immigrations Services Commissioner;
- Undertaking certain types of claims/compensation related work if not registered with the Ministry of Justice.
Paralegals technically have very limited rights to conduct litigation/rights of audience before courts/tribunals. In practice many appear in courts and tribunals at all levels.
Paralegals also act as Police Station Representatives if they are accredited, giving advice to clients held in police custody.
The National Association of Licensed Paralegals is working to improve recognition for paralegals and has done so for nearly 24 years, having introduced qualifications and standards and self-regulation to the profession and is recognised by The Law Society of England as the professional body for paralegals in England & Wales.
In Scotland, the Scottish Paralegals Association has been recognised by the Law Society of Scotland as the independent professional body for paralegals in Scotland.
Canada
The Province of
OntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
,
CanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, 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 CanadaThe Law Society of Upper Canada is responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario, Canada. Founded in 1797, it is known in French as "Le Barreau du Haut-Canada"...
(founded in 1797), which already regulates Ontario's 40,000 or so lawyers. Aspiring paralegals must complete an accredited educational program and complete a licensing exam. The Society will also be responsible for disciplining paralegals who do not conform to rules of professional conduct, known as the Paralegal Rules of Conduct.
The Province of
AlbertaAlberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
,
CanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, has no legislation in place currently that regulates paralegals. The majority of legal assistants and paralegals work under the supervision of a lawyer.
Australia
AustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
has a distinct regime for the utiliziation of paralegals. According to one paralegal studies scholar:
Furthermore, Australian paralegals have "little formal recognition of, or status accorded" them, yet they "require specialist education."
Paralegals in films, television, literature, and politics
Unlike nurses and
physician assistantA physician assistant/associate ' is a healthcare professional trained and licensed to practice medicine with limited supervision by a physician.-General description:...
s, paralegals have not caught the popular imagination and rarely are seen or mentioned in fictional or non-fiction legal television programs, or in legal fiction in print. There are however exceptions.
The most famous is probably
Erin BrockovichErin Brockovich-Ellis is an American legal clerk and environmental activist who, despite the lack of a formal law school education, or any legal education, was instrumental in constructing a case against the Pacific Gas and Electric Company of California in 1993...
, a real legal clerk whose participation in a
toxic tortA toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff's injury or disease.-Different types:...
case became a major motion picture. In the movie
Eagle Eye (2008) starring
Shia LaBeoufShia Saide LaBeouf is an American actor who became known among younger audiences for his part in the Disney Channel series Even Stevens and made his film debut in Holes . In 2007, he starred as the leads in Disturbia and Transformers...
and
Michelle MonaghanMichelle Lynn Monaghan is an American actress known for her roles in Mission: Impossible III, Kiss Kiss Bang Bang, Gone Baby Gone, Made of Honor, The Heartbreak Kid, Eagle Eye, and Source Code.-Early life:...
, Monaghan plays a single mom who works as a paralegal.
Another notable exception is the character
Della StreetDella Street was the fictional secretary of Perry Mason in the long-running series of novels, films, and radio and television programs featuring the fictional defense attorney created by Erle Stanley Gardner.-Description:...
, from the
Perry MasonPerry Mason is a fictional character, a defense attorney who was the main character in works of detective fiction authored by Erle Stanley Gardner. Perry Mason was featured in more than 80 novels and short stories, most of which had a plot involving his client's murder trial...
novel, television and movie series. Although Mason identifies Della as "my confidential secretary", the projects he assigns her are entirely consistent with the law office work performed by experienced paralegals.
John GrishamJohn Ray Grisham, Jr. is an American lawyer and author, best known for his popular legal thrillers.John Grisham graduated from Mississippi State University before attending the University of Mississippi School of Law in 1981 and practiced criminal law for about a decade...
includes many paralegals in his novels; for example, Rudy Baylor (the main character in
Rainmaker) works briefly as a paralegal - and his associate Deck subsequently becomes Rudy's paralegal when he starts his own firm.
Harvey Birdman: Attorney at Law, an esoteric cartoon comedy, features a paralegal in the form of Avenger, Harvey Birdman's eagle, who is usually seen managing files, preparing and presenting documents to the attorneys, and drafting letters to clients. Avenger will usually accompany the charismatic, yet often under-prepared, Birdman into court, and whisper case information and advice into his ear. Despite not knowing English, he is by far the most competent employee of Sebben & Sebben.
The most current example is likely contained in FX's
The RichesThe Riches is an FX television series, which originally ran from March 15, 2007 to April 29, 2008, and starred Eddie Izzard and Minnie Driver.-History:...
in which Doug Rich, a con-artist played by
Eddie IzzardEdward John "Eddie" Izzard is a British stand-up comedian and actor. His comedy style takes the form of rambling, whimsical monologue and self-referential pantomime...
, impersonates a lawyer at a cutthroat real estate development company. Rich's apparent lack of legal knowledge is often compensated by Aubrey McDonald, a highly-skilled paralegal who manages to help guide the under-educated anti-hero through more than a few sticky situations.
In American television, USA's "Suits" features a young paralegal named Rachel who greatly assists a young aspiring lawyer with various research and otherwise.
A few current and former paralegals have also ventured into politics, including Amanda Reeve (Arizona State Legislature) and
Michael StrautmanisMichael Strautmanis is an American lawyer. President-Elect Barack Obama announced on December 5, 2008, that Strautmanis will serve as Chief of Staff to Valerie Jarrett who is to be the Assistant to the President for Intergovernmental Relations and Public Engagement...
(Obama friend and White House Staff).
See also
- Community college
A community college is a type of educational institution. The term can have different meanings in different countries.-Australia:Community colleges carry on the tradition of adult education, which was established in Australia around mid 19th century when evening classes were held to help adults...
- Contract attorney
A contract attorney works on legal cases on a contract basis. Such work is generally of a temporary nature, often with no guaranteed employment term.A contract attorney is-Civil litigation:...
- Individual rights advocate
An Individual rights advocate is an advocate "to protect the legal and human rights of individuals with disabilities." United States law provides for advocates to protect the legal rights of persons with disabilities...
- Proprietary colleges
External links