Paralegal Work

Paralegal Work - Salary and Tasks

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In the United States, the median annual salary for a paralegal in the private sector is US$47,600 (as of May 2007).

Paralegals working for the U.S. federal government average over $53,000 per year while state and local government paralegals earn around $34,000. 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 $24,000 annually.

Tasks Involved:

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

Beyond the five acts above, the paralegal can perform any task, including legal research, legal writing, 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 documents prepared by paralegals, attorneys make them their own.

Paralegal Work - Demand

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The United States' experience is that law schools and state bar associations, through admissions and licensing, control the number of licensed attorneys and, as economic theory would predict, generally act to restrict that number in order to increase salaries[citation needed] over what a truly free market would produce (and, in the case of law schools, allow an increase in tuition by increasing the financial reward of obtaining a law education).

While the strenuous education and bar exams arguably increase the quality of attorneys at the same time as the cost of employing one, there remain many legal tasks for which a full legal education is unnecessary but some amount of legal training is helpful. This is equally true of most other jurisdictions, many of whom exercise an even tighter control over access to the legal profession.

As the cost of litigation has risen, insurance companies and other clients have increasingly refused to pay for a lawyer to perform these certain kinds of tasks, and this gap has been filled in many cases by paralegals. 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 secretaries (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 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.

Educational Path to Becoming a Paralegal

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A formal education is not required to become a paralegal. Paralegals start off their career paths in many ways including varying levels of formal education, certifications, and on-the-job-training and experience. They can start working for law firms, non-profits, real estate firms, large companies, and even for the government. Where and what they do for work depends on a mixture of education, certifications, and experience.

Paralegals come from a variety of backgrounds. Some paralegals have a degree (either 2-year or bachelor's) in paralegal studies. Others started with a degree from a completely different field. Some of these paralegals have completed a paralegal certificate while others have only on-the-job experience! The paralegals with on-the-job experience may have worked their way up from a lower position in a law firm. Typically CEU or Continuing Education Units are required by their firm.

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 Davis in 2000, there was little, if any regulation of paralegals in the state. 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 semester unit paralegal program at an accredited institution or they can be grandfathered in under BPC 6450-56.

What is a Paralegal?

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Official definitions of a paralegal:

From the American Bar Association:
"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."*

Terms & Conditions

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