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One of a paralegal’s most important tasks is helping lawyers prepare for
closings, hearings, trials, and corporate meetings. Paralegals investigate
the facts of cases and ensure that all relevant information is considered.
They also identify appropriate laws, judicial decisions, legal articles,
and other materials that are relevant to assigned cases. After they
analyze and organize 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 important case
documents and make them available and easily accessible to attorneys.
In addition to this preparatory work, paralegals also perform a number of
other vital functions. For example, they help draft contracts, mortgages,
separation agreements, and trust instruments. They also may assist in
preparing tax returns and planning estates. Some paralegals coordinate the
activities of other law office employees and maintain financial office
records. Various additional tasks may differ, depending on the employer.
Paralegals are found in all types of organizations, but most are employed
by law firms, corporate legal departments, and various government offices.
In these organizations, they can work in many different areas of the law,
including litigation, personal injury, corporate law, criminal law,
employee benefits, intellectual property, labor law, bankruptcy,
immigration, family law, and real estate. As the law has become more
complex, paralegals have responded by becoming more specialized. Within
specialties, functions often are broken down further so that paralegals
may deal with a specific area. For example, paralegals specializing in
labor law may deal exclusively with employee benefits.
The duties of paralegals also differ widely based on the type of
organization in which they are employed. Paralegals who work for
corporations often assist attorneys with employee contracts, shareholder
agreements, stock-option plans, and employee benefit plans. They also may
help prepare and file annual financial reports, maintain corporate minute
books and record resolutions, and prepare forms to secure loans for the
corporation. Paralegals often monitor and review government regulations to
ensure that the corporation is aware of new requirements and it operates
within the law.
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Paralegals and legal assistants held about 200,000 jobs in 2002. Private
law firms employed 7 out of 10 paralegals and legal assistants; most of
the remainder worked for corporate legal departments and various levels of
government. Within the Federal Government, the U.S. Department of Justice
is the largest employer, followed by the Social Security Administration
and the U.S. Department of Treasury. A small number of paralegals own
their own businesses and work as freelance legal assistants, contracting
their services to attorneys or corporate legal departments.
Training, Other Qualifications, and Advancement
There are several ways to become a paralegal. The most common is through a
community college paralegal program that leads to an associate’s degree.
The other common method of entry, mainly for those who have a college
degree, is through a certification program that leads to a certification
in paralegal studies. A small number of schools also offer bachelor’s and
master’s degrees in paralegal studies. Some employers train paralegals on
the job, hiring college graduates with no legal experience or promoting
experienced legal secretaries. 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, criminal justice, or nursing or
health administration for personal injury practice.
Formal paralegal training programs are offered by an estimated 600
colleges and universities, law schools, and proprietary schools.
Approximately 250 paralegal programs are 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 these
programs vary. Some require certain 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, and certificate programs that can take only a
few months to complete. Most certificate programs provide intensive
paralegal training for individuals who already hold college degrees, while
associate’s and bachelor’s degree programs usually combine paralegal
training with courses in other academic subjects. The quality of paralegal
training programs varies; the better programs usually include job
placement. Programs increasingly include courses introducing students to
the legal applications of computers, including how to perform legal
research using the Internet. Many paralegal training programs include an
internship in which students gain practical experience by working for
several months in a private law firm, office of a public defender or
attorney general, bank, corporate legal department, legal-aid
organization, or government agency. Experience gained in internships is an
asset when seeking a job after graduation. Prospective students should
examine the experiences of recent graduates before enrolling in those
programs.
Although most employers do not require certification, earning a voluntary
certificate from a professional society may offer advantages in the labor
market. The National Association of Legal Assistants, for example, has
established standards for certification requiring various combinations of
education and experience. Paralegals who meet these standards are eligible
to take a 2-day examination, given three times each year at several
regional testing centers. Those who pass this examination may use the
designation Certified Legal Assistant (CLA). In addition, 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 must be able to document and present their findings and
opinions to their supervising attorney. They need to understand legal
terminology and have good research and investigative skills. Familiarity
with the operation and applications of computers in legal research and
litigation support also is increasingly important. Paralegals should stay
informed of new developments in the laws that affect their area of
practice. Participation in continuing legal education seminars allows
paralegals to maintain and expand their legal knowledge.
Because paralegals frequently deal with the public, they should be
courteous and uphold the 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 for paralegals to follow.
Paralegals usually are given more responsibilities and less supervision as
they gain work experience. Experienced paralegals who work in large law
firms, corporate legal departments, and government agencies may supervise
and delegate assignments to other paralegals and clerical staff.
Advancement opportunities also 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.
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Private law firms will continue to be the largest employers of paralegals,
but a growing array of other organizations, such as corporate legal
departments, insurance companies, real estate and title insurance firms,
and banks hire paralegals. Corporations, in particular, are boosting their
in-house legal departments to cut costs. Demand for paralegals also is
expected to grow as an increasing population requires legal services,
especially in areas such as intellectual property, healthcare,
international, elder issues, criminal, and environmental law. The growth
of prepaid legal plans also should contribute to the demand for legal
services. Paralegal employment is expected to increase as organizations
presently employing paralegals assign them a growing range of tasks, and
as paralegals are increasingly employed in small and medium-sized
establishments. A growing number of experienced paralegals are expected to
establish their own businesses.
Job opportunities for paralegals will expand in the public sector as well.
Community legal-service programs, which provide assistance to the poor,
aged, minorities, and middle-income families, will employ additional
paralegals to minimize expenses and serve the most people. Federal, State,
and local government agencies, consumer organizations, and the courts also
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 certain types of
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 problems that require legal assistance, such as
bankruptcies, foreclosures, and divorces. Paralegals, who provide many of
the same legal services as lawyers at a lower cost, tend to fare
relatively better in difficult economic conditions.
Earnings
Earnings of paralegals and legal assistants vary greatly. Salaries depend
on education, training, experience, type and size of employer, and
geographic location of the job. In general, 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. In addition to a salary, many
paralegals receive bonuses. In 2002, full-time, wage and salary paralegals
and legal assistants had median annual earnings, including bonuses of
$37,950. The middle 50 percent earned between $30,020 and $48,760. The top
10 percent earned more than $61,150, while the bottom 10 percent earned
less than $24,470. Median annual earnings in the industries employing the
largest numbers of paralegals in 2002 were as follows:
Federal government $53,770
Legal services 36,780
Local government 36,030
State government 34,750
Related Occupations
Several other occupations call for a specialized understanding of the law
and the legal system, but do not require the extensive training of a
lawyer. These include law clerks; title examiners, abstractors, and
searchers; claims adjusters, appraisers, examiners, and investigators; and
occupational health and safety specialists and technicians.
Sources of Additional Information
General information on a career as a paralegal can be obtained from:
Standing Committee on Legal Assistants, American Bar Association, 541 N.
Fairbanks Ct,., Chicago, IL 60611. Internet:
http://www.abanet.org
For information on the Certified Legal Assistant exam, schools that offer
training programs in a specific State, and standards and guidelines for
paralegals, contact:
National Association of Legal Assistants, Inc., 1516 South Boston St.,
Suite 200, Tulsa, OK 74119. Internet:
http://www.nala.org
Information on a career as a paralegal, schools that offer training
programs, job postings for paralegals, the Paralegal Advanced Competency
Exam, and local paralegal associations can be obtained from:
National Federation of Paralegal Associations, P.O. Box 33108, Kansas
City, MO 64114. Internet:
http://www.paralegals.org
Information on paralegal training programs, including the pamphlet “How to
Choose a Paralegal Education Program,” may be obtained from:
American Association for Paralegal Education, 407 Wekiva Springs Road,
Suite 241, Longwood, FL 32779. Internet:
http://www.aafpe.org
Information on obtaining a position as a paralegal specialist with the
Federal Government is available from the Office of Personnel Management (OPM)
through a telephone-based system. Consult your telephone directory under
U.S. Government for a local number or call (703) 724-1850; Federal Relay
Service: (800) 877-8339. The first number is not tollfree, and charges may
result. Information also is available from the OPM Internet site:
http://www.usajobs.opm.gov. Bureau of Labor Statistics, U.S.
Department of Labor, Occupational Outlook Handbook, 2004-05 Edition,
Paralegals and Legal Assistants, on the Internet at
http://www.bls.gov/oco/ocos114.htm (visited June 01, 2005).
LEG 1004 LEGAL WRITING - 2 credit hours
The purpose of this certificate course is to strengthen your concept of
legal writing, analysis, and critical thinking skills. This course will
focus on crucial issues of writing in the context of law practice that
pose difficulty. Here the practitioner will learn an effective writing
process, and examine how to write for the appropriate audience. Students
will also learn how to apply principles of plain English, logical analysis
and proper planning, organizing and drafting as it relates to a variety of
legal documents.
Instructor-Dr. Bernard Dolenz MD JD
Text: Clear and Effective Legal Writing , Second Edition (Aspen Publishing
Co.) by Charrow, Erhardt, and Charrow.
LEG 4010 Medical Malpractice - 3 semester hours
Stated simply, Medical Malpractice occurs when a person suffers severe
injuries as a result of a professional's misconduct, failure to use
adequate care, or lack of skill. The malpractice general rule is that
professionals, including doctors, dentists, medical providers, etc., must
act with the level of skill and learning commonly possessed by members of
the profession in the same geographic community. A professional will only
be liable for malpractice if he acted without the requisite minimum skill
and competence, not merely because the operation or procedure was not
successful.
It is the attorney's obligation (and the assignment to his/her support
staff) to determine as quickly and efficiently as possible whether there
is a good, actionable case. This is so because Medical Malpractice cases
are by their very nature, complex, expensive to pursue, have a high risk
of no recovery, and often involve a client's "personal" attachment. The
first step in the process involves the potential client entering into an
agreement with the attorney in which agreement sets forth the method of
attorney compensation. Typically the attorney agrees to advance all costs,
only to be repaid costs in the event of recovery, and to work on a
contingent fee basis, that is the attorney would receive a percentage of
the gross recovery. Thus, the client will endure no economic loss in the
event of no recovery.
During the initial client contact, the attorney and his staff will obtain
a detailed medical history during which the attorney should obtain the
names of all physicians and hospitals who have rendered medical treatment
to the client. It is valuable for a client to prepare a written summary
(timeline) of all medical treatment including dates, doctors, symptoms,
conversations with medical providers, and treatment received. Thereafter,
all relevant medical records are obtained by the attorney. In many medical
malpractice cases, proof of negligence is found in these records.
In order to determine if there is "medical malpractice" it is necessary
that a medical expert be retained to consult with the plaintiff's
attorney. Here expertise on the part of the attorney staff in nursing,
medical support staff or other arenas is vital for the success of either
the plaintiff or the defendant.
This expert should be well qualified to give a medical opinion, and is
therefore frequently board certified in the relevant field of medicine.
If, after a thorough review of the pertinent medical records, the medical
expert concludes "with reasonable medical certainty that the action or
inaction of the defendant physician was the cause of damage to the
plaintiff", it is appropriate to file suit against the physician/hospital.
Filing suit begins the legal advocacy process which may cover a period of
several years. During this period both parties exchange a series of
documents. In the first stage, the legal pleading stage, the parties set
forth with precision their legal theories. In the second stage called, the
discovery stage, the facts to support the various legal theories are
developed. If the parties are not able to resolve their differences the
case, now in its third stage, and the parties will take the case to trial
before a judge and jury.
This intense class will bring the paralegal studies learner face to face
with the nuts and bolts of medical litigation and look at both sides of
the issue. Any nurse, medical practitioner, or legal assistant wishing to
gain knowledge regarding the legal process in medical services is
encouraged to take this course. BLAW 2103 LEGAL ENVIRONMENT OF
BUSINESS 3 SEMESTER HOURS
There are 20 lessons and 3 exams in
this primary business law course. Students in any paralegal, pre-law,
nursing, business, and/or accounting undergraduate program will find this
class invaluable. Designed to be real world, and not simply text book,
this introduction to the legal environment of business is a must for
anyone wanting a better understanding of basic legal/business workings.
Topics covered in this survey course include: the foundations of the
American legal system, including business ethics and corporate social
responsibility; the regulatory and competitive environment of business,
including labor and employment law; intellectual property law including
copyrights, trademarks, and patents and protection of those assets;
medical malpractice and violation of privacy law; and private law
affecting business, including contracts, agency, and the law and various
types of business organizations.
Instructors: Dr. Steinberg JD, Dr.
Dolenz JD, or Dr. Combs JD
Go to Paralegal Program
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