Paralegals - What Exactly Do They Do?

So, what's a lawyer got that a paralegal does not?

Well, there's that law degree diploma hanging on the wall. And that hefty fee that comes with an office visit.

While there are some limitations to what a paralegal can do, chances are that most of your attorney's work is done by a paralegal, a legal assistant that he or she trusts to know the law and the documents being prepared. Be thankful - the paralegal fee is far less than the fee would be if an attorney were completing your paper work. Don't worry that your legal work is less effective or efficient because it was completed by someone other than your actual attorney. When the attorney puts his or her signature on a document prepared by a paralegal, the lawyer is verifying that the information is correct. It's just as legal - but probably costing you a lot less - to have the paralegal complete your paper work.

There are a lot of duties a paralegal plays in an attorney's office. The paralegal may do legal research and writing for your attorney. A paralegal may even take over as case manager, a situation that many firms are considering if they have not already adopted to help keep legal fees lower and affordable.

There are five things a paralegal cannot do. One, a paralegal cannot give legal advice. Only a licensed attorney should do that. Two, a paralegal cannot develop the attorney-client relationship. It just makes sense - the attorney-client relationship should be between those two people, otherwise it would be called the law firm representative - client relationship. Three, the paralegal cannot sign papers on behalf of the client. Only the attorney can attest his or her name to those legal documents. Four, the paralegal cannot represent a client in court. While many paralegals could probably do so quite well, it just isn't legal. And, five, the paralegal cannot set and collect legal fees. Only the attorney can do that.

Different states have different requirements for paralegals. Some do specifically require certification. Other states allow attorneys hiring the paralegals to judge the person's qualifications. After all, the attorney will be the one signing off on all of the paralegal's work. Some attorneys require a certain amount of legal experience, a background in research or other clerical skills. If you are interested in a career as a paralegal, check with some attorney's offices or law firms in your hometown. See what their qualifications are. If they prefer to hire paralegals with course certificates, ask if they can recommend a school or schools for you to examine.

There are plenty of opportunities to take paralegal courses, even for today's busiest people. In addition to home study courses, there are online courses, and programs of study at two and four year colleges and universities. One method of study is sure to fit your budget and the school of your choice may even have financial aid options available. If you are thinking of a paralegal career - or changing careers to be a paralegal - check out all your options and decide if having a two or four year paralegal certificate will help make you more marketable in the legal world.

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How to Become a Paralegal

Paralegals work under the supervision of lawyers as essential and skilled participants of the legal team. They assist lawyers by performing detailed legal research, conducting client interviews, preparing statements, maintaining financial office records, and doing several other jobs of equal challenge.

Paralegal professionals come from different backgrounds. Education, certification and internship are paramount to advancement in this profession. These requirements vary widely, but are normally related to the duties of the position.

Paralegal programs include general education courses, law-related courses, and legal specialty courses. The specialty courses are core programs that introduce students to domestic relations, legal research and writing, wills and estate administration, business organizations, and litigation. The students are encouraged to study general education and law-related courses prior to enrolling in the specialty programs.

ABA (American Bar Association) accredited universities and colleges offer associate?s degree (usually 2 year programs), certificate programs, and a 4-year bachelor?s and/or master?s degrees in paralegal studies.

Paralegal internships are the integral part of many paralegal training programs. They offer the students practical experience by providing work experience in professional fields like law firms, attorney general?s offices, corporate legal departments, and government agencies. Paralegals are also given specialized training in some other fields. Individuals with naturalist experience often work in environmental law, while paralegals in personal injury or medical malpractice may have undergone medical training.

A paralegal education and law school education are entirely different. Therefore it is not possible for a person to become a lawyer after working as a legal assistant. Paralegal graduates lack the qualification and eligibility to obtain a bar license.

Paralegals work in private law firms, banks, insurance agencies, legal clinics, courts, government agencies, accounting and engineering firms, and legal aid offices. Their salaries differ, depending upon their education and experience, the type of employer, and the geographic location of the job. According to the National Association of Legal Assistants? reports, paralegals earned an average nationwide salary of $38,000 in 2000.

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Paralegal Salaries

Paralegal salaries depend on various factors such as education, training, experience, geographic location and type of the firm. Paralegals who work in large metropolitan areas generally earn more money than those who work in less populated regions. Generally, the annual salary of a paralegal can range from $24,470 to more than $61,150. The median salary of a paralegal is approximately $33,000. Benefits included in the annual salary of a paralegal are health insurance, sick leave, vacation time and retirement plan. Many paralegals receive year end and case bonuses in addition to their annual salary.

There is salary variation in large firms, small legal firms and government agencies. Paralegals working for the government receive higher salaries and benefits. The large law firms pay higher salary to paralegals than the smaller ones. Some of the law firms give higher salaries and benefits to paralegals with specific qualifications. Attorneys generally pay paralegals based on the quantity and quality of their work. Paralegals can get discretionary bonus based on their overall performance. Overtime payment for the paralegals depends on whether the paralegal is an exempt or nonexempt employee. Nonexempt employees can get overtime compensation under the state laws. Regulations for paralegals may vary with each state. This change also affects the annual salary of paralegals.

According to a survey conducted by the National Association of Legal Assistants, the average annual salary for paralegals in 2004 was $46,862. The average annual bonus was around $3,339. The average total annual salary including bonus was $50,255. The survey highlights that the salaries for paralegals increased by an average of $1,700 per year. The median average salary for a paralegal in Los Angeles is $45,116. In San Francisco, paralegals can expect a beginning salary ranging from $30,000 to $45,000. A senior paralegal in San Francisco can expect a salary of $55,000.

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Facts And Insights Of California Paralegal

There are currently no California laws that govern the licensing of California paralegals. But in an effort to standardize more the parameters of a paralegal work from the legal viewpoint, the California Alliance of Paralegal Associations (CAPA) promulgated during the year 2000 legislative session a legislation that aimed to do just that. This legislation was called the Assembly Bill (A.B.) 1761, the pertinent portion of which provides for a definition of the term paralegal.

Strongly promoted as a consumer protection measure, A.B. 1761 was considered to be a dream bill. The reason behind this law on California paralegals is to differentiate traditional paralegals from those who work independent of lawyer or attorney direction.

In order to protect the public from con artists and other disreputable individuals who prey upon unsuspecting persons seeking alternatives to attorney-provided legal services, A.B. 1761 sets forth some stringent measures and restrictions on a paralegal scope of responsibility.

Before the passage of A.B. 1761, the only legislation on California paralegals set forth a few requirements for paralegals who directly serve the public. One of the stipulations provided that such California paralegals could no longer call themselves as paralegals but, instead, must be named legal document assistants (LDAs).

Directives seeking to implement such legislation additionally provide that California paralegals or LDAs must post a bond in each country where they work. Penalties for LDAs who cross over the line into the unauthorized practice of law were also imposed.

With the passage of A.B. 1761 and upon its signing into law as Sections 6450, et. Seq., of the California State Business and Professions Code, more aspects of the field of California paralegal profession are covered.

For instance, California paralegals who violate the laws could face stiff fines and/or jail time. The duties that a California paralegal could perform were also narrowly defined. Other aspects that were directly addressed by A.B. 1761 include the following:

* Continuing Education Programs for California Paralegals to be provided only by either the state bar or by state bar-approved providers * Legal disputes with a California paralegal attorney fees are only awarded to prevailing plaintiff, i.e., a paralegal would never receive attorney fees even if he prevails in court * Educational standards California paralegals are now required to maintain extensive educational and continuing education records

No sooner than six weeks after the Business and Professions Code sections 6450, et seq., went into effect that a new bill was introduced by a Sacramento law firm, seeking to clarify the allowable tasks that a California paralegal may perform. The bill includes the following language: Paralegal means a person who holds him or herself out to be a paralegal, who is qualified by education, training, or work experience.

Read More On Facts And Insights Of California Paralegal

Accredited Paralegal Schools

Two and half decades ago, paralegal education consists only of a handful of programs across the whole United States, with many legal offices, law firms, corporations, and government agencies providing only on the job trainings for prospective paralegals.

Today, on the job trainings still remain an important element in developing successful paralegals, but the roles are shifting. More and more employers are setting requirements for hiring, including higher education and/or formal training in paralegal studies.

But when it comes to paralegal education, or any education for that matter, it is not enough that you enroll in some obscure program provided by an equally obscure school or institution.

Accreditation is your assurance of a program quality and accreditation is your ticket to increasing your chances of getting hired to do paralegal work in a prominent law office or government agency.

Thus, if you are considering a paralegal career, then be sure to enroll in a program provided by an accredited paralegal school. Fortunately, the current trend in paralegal education is accreditation, perhaps in an effort to compensate for the general lack of educational standards in paralegal profession. As such, many of the programs for paralegal studies available today are from accredited paralegal schools.

What are the types of accredited paralegal schools?

The types of accreditation given to paralegal schools are the following:

* Regional Accreditation A regionally accredited paralegal school becomes such only after a regional accrediting body grants accreditation to its paralegal programs. For the accreditation to be valid, the regional accrediting body must have jurisdiction over the accredited paralegal school. In addition, the regional accrediting body must also go through a recognition process with the federal government before it could exercise its accreditation powers.

* American Bar Association (ABA) Approval The ABA has approved over 250 paralegal or legal assistant training programs nationwide. In order for a school to receive accreditation from the ABA, they must comply with the guidelines laid down by the Association. The only ABA accredited paralegal schools in the country are those that offer programs that are not distance learning or correspondence courses.

The guidelines set forth by the ABA for accredited paralegal schools provide important information when evaluating programs. Even so, schools are not compelled to comply with these guidelines. In fact, it is quite possible for a school to be considered as on par with an ABA- accredited paralegal school even though it has no ABA approval yet, so long as it is in substantial compliance with the ABA guidelines. This compliance, of course, is subjective. In short, it means that the accredited paralegal school program for paralegal studies already complies with the guidelines but, for some reason, has not sought ABA approval yet.

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New Bankruptcy Training Course Provides 7 CLE Credits for Paralegals

713Training.Com develops first nationally-recognized bankruptcy training materials

Columbus, Ohio based company, 713Training.Com has recently introduced the first nationally-recognized training materials for bankruptcy paralegals working in the debtor area of law. The recognition was provided by NALS (the association for legal professionals.)

The training materials developed by 713Training.Com are quite extensive. The book, How to Start a Virtual Bankruptcy Assistant Service is based on the idea that "bankruptcy assistants" can now work from home for bankruptcy attorneys nationwide. Under the new law, electronic filing is now mandatory for attorneys filing bankruptcy petitions. This has opened the door to create the "virtual bankruptcy assistant" field - which is growing very rapidly.

Attorneys love to use virtual bankruptcy assistants because they save them an average of 55% to 80% on overhead expenses. The process begins when attorneys are provided with a set of detailed Client Intake Forms that they give to their clients to fill out and return. The attorney reviews the information provided by the clients, then he or she sends the Client Intake Forms to the virtual bankruptcy assistant.

The virtual bankruptcy assistant inputs the initial draft of the bankruptcy petition, then contacts the client to obtain any additional information or to clarify data they provided on the Client Intake Forms. This crucial step is one of the reasons attorneys love the service of a virtual bankruptcy assistant. The client gets to know the "assistant" and this reduces redundant telephone calls to the law firm.

Next, the virtual assistant does an extensive online criminal, civil and deed search to verify some of the information provided by the client on the Client Intake Forms. This assists the attorney in meeting the "due diligence" requirement under the bankruptcy law.

Finally, the draft is returned to the attorney (via PDF format) to review. After review, the attorney can make changes to the document and file the bankruptcy petition or turn the job of electronic filing over to the virtual bankruptcy assistant.

Law firms have been using offsite services for many years, so this idea is not entirely new. Attorneys use runners to file documents in court. They use court reporters who prepare documents offsite. In fact, many attorneys take their work home and prepare their own documents outside the law firm anyway. Drafting bankruptcy petitions can now be added to that list of offsite services for law firms.

But drafting bankruptcy petitions (especially under the new law) requires a skill that needs a high-level of training. Drafting bankruptcy petitions is not simply data entry. Now, this high-level of training is being taught throughout the country by 713Training.Com. Through their books, videos, DVDs, weekly teleconferences, online exams and seminars - 713Training.Com is leading the way in providing professional training that will be a tremendous asset to the bankruptcy field in the years ahead.

To view the upcoming seminars that provide 7 CLE credits to paralegals, visit http://www.713training.com/seminars/

Submitted by:

713Training.Com http://www.713training.com Columbus, Ohio 43212-2303 Office: 614-875-4496

Since 1988, Victoria Ring has developed 7 different businesses from the ground-up. This experience enables Victoria to identify with almost every stage of business growth and the marketing tips and techniques she reveals to her audience can be put to use immediately. Currently, Victoria Ring is the CEO of 713Training.Com - a company dedicated to training debtor bankruptcy attorneys and their staff in Chapter 7 and Chapter 13 petition drafting sk

Locating the Best Online Paralegal Degree

 

There are many aspects to keep in mind when deciding on the best online paralegal degree for you. What are your main goals to earning your degree; are you looking for a program that fits into your busy schedule or is affordability your main concern? What type of degree are you looking for? Are you flexible with relocation or do you plan on searching for employment in a specific area? What will your future employers be looking for from your education with an Online Paralegal Degree?

While lawyers assume ultimate responsibility for legal work they often delegate many of their tasks to Paralegals. Since Paralegals continue to assume a growing range of responsibilities and perform many of the same tasks as a lawyer the demand for qualified Paralegals is continuously increasing. With the increased demand for paralegals you will need to ask yourself what your goals are when it comes to earning an online paralegal degree, and keep those goals in mind to help guide your decisions.

Many online paralegal degrees offer incredible convenience and flexibility. You can complete your assignments essentially anywhere there is a computer with Internet access. Some programs may require you to perform cooperative assignments that will require you to schedule some time away from your computer. So if a busy schedule does not afford you the luxury of attending a session in court during business hours, you may want to consider a program that offers alternatives.

The affordability of a paralegal degree may be your top concern when investing your options. Online degree programs typically cost less per course than traditional campus-based learning, and have been known to be on average up to $100 to $150 less per credit hour. You can earn a paralegal degree through online learning that will save you money, and at the same time is able to facilitate a substantial growth in your income.

There are two types of online paralegal degrees you can earn: an Associate’s Degree and a Bachelor’s Degree. The type of associate or bachelor degree you receive will depend upon the online school you have chosen to earn you degree from. One of the most practical ways to determine what degree that will be required is to contact the employers in your area and inquire what their paralegal degree requirements are.

Career Opportunities for Online Paralegal Degree Graduates

With an online paralegal degree you have the opportunity to search for employment in a variety of industries including:

• Private law firms
• Title companies
• Local, state, and federal government agencies
• Corporate law departments
• Law enforcement agencies
• Banks
• Prosecutors
• Private and Corporate Business
• Community Agencies

When registering for an online paralegal degree program you must ensure that the school you have chosen has Specialized Accreditation status. In order to assure future employers that your degree can comply with the most current guidelines for professional conduct they will require that the online school where you earned your paralegal degree has been accredited by the American Bar Association (http://www.abanet.org/index.cfm). So make sure you do your research and investigate multiple programs and schools.

 

To obtain a list of programs and schools to research, go to http://www.OnlineDegreeReviews.org and click on Paralegal, under the Law and Criminal Justice section of the homepage. You also have the ability to research Online Paralegal Degrees by reading reviews and talking to former students in the online forums.

Steve Rawlinson is the founder of Online Degree Reviews, a website where students review online degrees.