Paralegal
The definition of a paralegal is a person trained in legal matters who performs tasks requiring some knowledge of the law and legal procedures. A paralegal, like a lawyer, can be employed by a law office or work freelance at a company or law office. Paralegals are not allowed to offer legal services directly to the public on their own and must perform their legal work under an attorney or law firm (except in Ontario Canada). A paralegal is protected under the conduit theory, which means they are working as an enhancement of an attorney and what he or she does is due to instruction by the attorney and the attorney is ultimately responsible. Usually, paralegals have taken a prescribed series of courses in law and legal processes. Paralegals often analyze and summarize depositions, prepare and answer interrogatories, draft procedural motions and other routine briefs, perform legal research and analysis, draft research memos, and perform case and project management. Additionally, paralegals often handle drafting much of the paper work in probate cases, divorce actions, bankruptcies, and investigations. Consumers of legal services are typically billed for the time paralegals spend on their cases.
The definition of paralegal varies by country. In the United States, they are not authorized by the government or other agency to offer legal services in the same way as lawyers, nor are they officers of the court, nor are they usually subject to government-sanctioned or court-sanctioned rules of conduct. In contrast, in Ontario, Canada, paralegals are licensed and regulated the same way that lawyers are. In Ontario, licensed paralegals provide permitted legal services to the public and appear before certain lower level courts and administrative tribunals.
In Ontario, paralegals are licensed by the Law Society of Upper Canada. Ontario is the only jurisdiction in the western hemisphere where paralegals are licensed and the profession is regulated as officers of the court. Licensed paralegals operate within a defined scope of practice, representing clients in matters such as provincial offenses (traffic tickets, etc.), immigration, landlord & tenant disputes, labor law, small claims court (under $25,000), and specific criminal matters. They are currently not permitted to represent clients in family court or wills and estates. By virtue of their office, licensed paralegals are commissioners for taking affidavits (swearing oaths).
In the United States, paralegals originated as assistants to lawyers at a time when only lawyers offered legal services. In those jurisdictions 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. The profession of paralegal varies greatly between the states, because some states do require paralegals to be licensed. In other jurisdictions however, such as the United Kingdom, 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.
Various legal organizations offer official definitions of a paralegal: these definitions typically have slight differences. Definitions offered by major organizations include:
- 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 NALS...the association for legal professionals [USA]: "A legal assistant/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 and who performs specifically delegated substantive legal work for which a lawyer is responsible."
- 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 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 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."
- From NALS...the association for legal professionals [USA]: "A legal assistant/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 and who performs specifically delegated substantive legal work for which a lawyer is responsible."
What Paralegals/Legal Assistants do on a daily basis
Well, it depends on what sort of law you go into working as a paralegal. do immigration law, and that was a lot of filling out templates and forms. mainly litigation, some bankruptcy and some criminal defense. With litigation and bankruptcy, there are more deadlines, more paper work, etc. And with the criminal defense, you never know what will happen next, but it's interesting.
Regardless of what type of law you go into, it will be fun. You'll learn more on the job, but having an education does give you some edge as to what basic knowledge you need to know before entering the field, such as preparing pleadings and stuff like that.
It's a fun job, but an extremely busy job. you do a lot of the work for the attorneys so they can review and sign off on them. It's tedious at times, but it's well worth it!
source : wikipedia.org