Careers in Today S Paralegal Profession

Chapter 1

Careers in Today’s Paralegal Profession

Chapter Overview

Introduction
What Is a Paralegal?
What Do Paralegals Do?
Paralegal Education
Paralegal Skills and Attributes
Where Paralegals Work
Paralegal Compensation
Planning Your Career
Locating Potential Employers
Marketing Your Skills

Chapter Objectives

After completing this chapter, you will know:

What a paralegal is and tasks paralegals perform
About the professional associations of paralegals
What kinds of education and certification is available to paralegals
How much paralegals can expect to earn
How to prepare a career plan and pursue it
How to search for an employer
How to present yourself to prospective employers

Chapter Outline

I.INTRODUCTION

A.The paralegal profession is a dynamic and growing profession

B.The paralegal profession offers a wide variety of opportunities for personal and professional development

II.WHAT IS A PARALEGAL?

A.The terms “paralegal” and “legal assistant” are interchangeable

B.Two of the major organizations involved with paralegals, the American Bar Association and The National Association of Legal Assistants jointly agree on the definition of a paralegal

1.A legal assistant or paralegal is defined as a person:

a)Qualified by education, training or work experience

b)Employed or retained by a lawyer, law office, corporation, government agency or other entity

c)Who performs specifically delegated substantive legal work

d)For which a lawyer is responsible

C.The National Federation of Paralegal Associations prefers the term paralegal to legal assistant

1.A paralegal is a person:

a)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

(1)Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts

b)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

D.Another major organization, the American Association for Paralegal Education (AAfPE), provides the following definition:

1.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

2.Paralegals have knowledge of the law gained through education, or education and work experience, which qualifies them to perform legal work

3.Paralegals adhere to recognized ethical standards and rules of professional responsibility

III.WHAT DO PARALEGALS DO?

A.Paralegals perform many of the tasks involved in legal representation that have traditionally been handled by attorneys

B.Today an increasing number of paralegals find work in nontraditional (non-law-office) settings, including corporations, government agencies, courts, insurance companies, real estate firms, and almost any other entity that uses legal services

C.Typical paralegal tasks include:

1.Conducting client interviews and maintaining general contact with clients

2.Locating and interviewing witnesses

3.Conducting legal investigations

4.Calendaring and tracking important deadlines

5.Organizing and maintaining client files

6.Conducting legal research

7.Drafting legal documents

8.Filing legal documents with courts

9.Summarizing witness testimony

10.Coordinating litigation proceedings

11.Attending legal proceedings

12.Using computers and technology to perform the above listed tasks

D.The specific tasks that paralegals perform vary dramatically depending on the size of the office, the kind of law that the firm practices, and the amount of experience or expertise the paralegal has

1.Drafting legal documents, handling client relations, and conducting legal research are the tasks that paralegals report spending the most time performing

IV.PARALEGAL EDUCATION

A.Formal paralegal education programs:

1.Two-year community college programs:

a)Such programs award either an associate degree or a paralegal certificate

b)These programs usually require 60 semester hours that includes general education requirements

2.Four-year college or university programs:

a)These programs award a bachelor’s degree with a minor or minor in paralegal studies

b)The degree requires about 120 semester hours, with 50 to 60 hours spent on general education

3.Certificate programs:

a)Offered by private institutions

b)Usually 3 to 18 months in length

c)Typically only a high-school degree is required for admission

4.Postgraduate certificate programs:

a)Require a bachelor’s degree to be admitted

b)Usually 3 to 12 months in length

c)Some require the student achieve a certain grade point average

5.Master’s Degree programs:

a)Must already have a bachelor’s degree

b)Usually two years in length

c)For paralegals, paralegal supervisors, or law office administrators

d)Some offer specific areas of law such as dispute resolution or intellectual property

B.Curriculum-Substantive and Procedural Law

1.Substantive law includes all laws that define, describe, regulate, and create legal rights and obligations

2.Procedural law establishes the methods of enforcing the rights established by substantive law

3.Paralegal education includes the study of both substantive and procedural law

C.Role of AAfPE and ABA in Paralegal Education

1.The American Association for Paralegal Education (AAfPE) was formed in 1981 to promote high standards for paralegal education

2.The American Bar Association (ABA) established the first educational standards for paralegal training programs in 1974

3.Programs that meet the ABA’s quality standards and are approved the ABA are referred to as “ABA-approved programs”

4.Currently the ABA has approved 250 programs

5.Californiawas the first state to require a paralegal to meet certain minimum education requirements

D.Certification

1.Certification involves formal recognition by a professional group or state agency, indicating that an individual has met certain standards of proficiency

2.“Certification” is not the same as receiving a paralegal certificate

3.No state currently requires paralegal certification

4.NALA, NFPA, NALS, the Alliance of Paralegals, Inc (AAPI) offer voluntary certification programs

a)NALA has three designations: Certified Legal Assistant (CLA), Certified Paralegal (CP), or Advanced Paralegal Certification (APC)

b)NFPA offers the Paralegal Advanced Competency Exam (PACE) so a paralegal can become a Registered Paralegal (RP)

c)NALS offers three different certifications:basic (ALS), advanced (PLS) and Professional Paralegal (PP)

d)The American Alliance of Paralegals, Inc (AAPI), also provides a Paralegal Certification Program for paralegals who possess at least five years of work experience and have met specific educational requirements

5.Some states (California, Florida, Louisiana, North Carolina, Ohio and Texas) offer voluntary certification programs

E.Continuing Legal Education (CLE)

1.Paralegals, like attorneys, often supplement their formal education by attending CLE programs

2.Some paralegal organizations require members to complete a certain number of CLE hours per year through seminars, workshops, or coursework

3.NALA and NFPA require paralegals to take CLE courses each year to maintain certification

4.California requires every person who is working as a paralegal to complete four CLE hours in legal ethics every three years and four CLE hours in general law or a specialized area every two years

V.PARALEGAL SKILLS AND ATTRIBUTES

A.Analytical Skills—Paralegals must be able to take complex theories and fact patterns and break them down into smaller, more easily understandable concepts

B.Communication Skills—Paralegals must have excellent reading, speaking, listening and writing skills to help with cases and clients

1.Reading Skills—Paralegals must be able to read many different types of written materials carefully to pick up important distinctions

2.Speaking Skills—Paralegals must speak well, using correct grammar, and must be precise and clear in communicating ideas or facts to others

3.Listening Skills—Paralegals must have good listening skills to understand and follow instructions and in the interviewing context

4.Writing Skills—Paralegals must have good writing skills Legal assistants draft letters, memoranda, and a variety of legal documents

C.Computer Skills—Computer experience is essential for today’s paralegal At a minimum a paralegal should have word-processing skills and data entry skills Any additional computer skills increase the paralegal’s marketability in the job market

D.Organizational Skills—Paralegals must be able to organize files, create procedures and checklists, and keep things running smoothly

E.Interpersonal Skills—Communicating and interacting effectively with clients, witnesses, support staff, and attorneys is an important asset for paralegals

F.Ability to Keep Confidences—Paralegals share in the attorney’s ethical and legal duty to keep all client information strictly confidential

G.Professionalism—Paralegals must be responsible and reliable in order to earn the respect and trust of the attorneys and clients

VI.WHERE PARALEGALS WORK

A.Law Firms

1.Traditionally, paralegals worked for law firms

2.Two-thirds of all paralegals today work in the lawfirms

3.Working for a Small Firm

a)Small firms offer opportunities to gain experience in many different areas of the law, generally in a personal and informal environment

b)A paralegal will learn if he or she enjoys working in one area of the law more than another so he or she can decide whether to specialize

c)Salaries tend to be lower than in larger firms

d)Less support staff

4.Working for a Large Firm

a)Large law firms are usually more formal, with responsibilities more limited and well-defined

b)There are generally greater opportunities for career advancement, higher salaries, and better benefits in the large law firm

B.Corporations and Other Business Organizations

1.Advantages in a corporate legal environment include regular hours and less stress than in law firms

2.Salaries may be higher than the salary offered by a private law firm

C.Government

1.A growing number of paralegals work for government agencies at the federal or state level

2.Paralegals tend to specialize in one area of the law

3.Administrative Agencies

a)Most paralegals who work for the government work for administrative agencies, such as the Environmental Protection Agency or the Social Security Administration

b)Advantages to governmental work are regular working hours, good benefits, and less stress than in law firms

c)Salaries are on the average lower than in traditional law firms or in the private sector

4.Law Enforcement Offices and Courts

a)Public prosecutors and public defenders rely on paralegals to handle much of their legal work

b)Paralegals can also work in federal or state court administrative offices

5.Legal Aid Offices

a)Paralegals working in legal aid offices generally assume a wider range of responsibilities than in a more traditional setting

b)Salaries tend to be lower than in other areas of the law, but the work is very rewarding

6.Freelance Paralegals

a)These paralegals own their own business, which allows them greater flexibility

b)They perform specified legal work for attorneys on a contract basis

c)Freelance paralegal’s income is based upon his or her ability to promote and maintain the business

d)A freelance paralegal still must work under the supervision of an attorney

e)Freelance paralegals are not the same as “legal technicians” or “independent paralegals” Independent paralegals do not work under the supervision of an attorney; they sell their services directly to the public

VII.PARALEGAL COMPENSATION

A.Compensation Surveys

1.Salaries and wage rates for paralegal employees vary substantially

2.Factors affecting compensation include:

a)Geographical location

b)Firm size

c)Years of experience working as a paralegal

d)Area of practice

e)Type of employer (law firm, corporation, or government agency)

B.Job Benefits

1.Job benefits are an important component of compensation

2.Benefits include sick leave, paid holidays, and insurance coverage

3.When evaluating a job offer, consider the benefits you will receive and what these benefits are worth to you

C.Salaries versus Hourly Wages

1.Most paralegals are salaried; that is, they are paid a specified amount per year, regardless of the number of hours worked

2.Other paralegals are paid an hourly-wage rate for every hour worked

3.How paralegals are compensated for overtime work usually depends on whether they are salaried or hourly-wage employees

4.Overtime work of salaried employees may be compensated through year-end bonuses or in some other way, such as equivalent time off work, compensatory time

VIII. PLANNING YOUR CAREER

A.Defining Your Long-Term Goals

1.Long-term goals are those that may take several years or a lifetime to attain

2.Use personal reflection and self-assessment to define long-term goals as clearly as possible

3.Recognize that at the outset of your career, you cannot know what opportunities might lie ahead

4.Recognize also that long-term goals change over time as you gain more experience and your life circumstances change

B.Short-Term Goals and Job Realities

1.Short-term goals are the steps that you take to realize your long-term goals

2.The realities of the job market may mean that you may not find the “right” job or “perfect” employer at the outset of your career

3.Remember that you can gain valuable skills and experiences in any job environment that will help to achieve long-term goals in the future

IX. LOCATING POTENTIAL EMPLOYERS

A.Networking

1.Career opportunities often go unpublished

2.Many paralegals learn of jobs through networking with other professionals

3.Students should begin networking while still in school

4.Join a Professional Organization

a)Join the professional associations for paralegals to help with networking efforts

b)NALA, NFPA, IPMA and state bar associations can provide valuable inside knowledge

5.Networking during Internships

Most paralegal education programs include an internship where students can meet people who may be very beneficial in finding future employment

B.Finding Available Jobs

1.Classified ads, trade journals, state and local bar association journals, and similar publications, and online publications are sources that list paralegal job openings

C.Identifying Possible Employers

1.You should begin as a student to compile a list of law firms and organizations that offer the benefits, salary, opportunities for advancement, work environment, and legal specialty of your choice

2.Legal directories, such as the Martindale-Hubbell Law Directory list attorneys and corporate legal departments, their locations and telephone numbers, and their area of practice

D.Job-Placement Services

1.Most paralegal programs provide job-placement services to assist you in finding a job, preparing your résumé, and making a list of prospective employers

2.Contact a local paralegal organization or the county or state bar association to locate other placement services. Many of these organizations have their own placement services, which offer placement free of cost

X. MARKETING YOUR SKILLS

A.The Application Process

1.The Résumé

a)Your résumé is a clear and concise summary of your employment and educational history

b)A résumé should include your name, address, telephone number, e-mail address, and fax number and should contain only information that is relevant to the job you are seeking

c)Do not include personal data in your résumé

d)Always carefully proofread your résumé before you send it out

2.The Cover Letter

a)A carefully written cover letter should accompany your résumé—proofread your résumé and cover letter carefully

3.List of Professional References

a)Provide a list of three to five professional references

b)Never list a reference unless you have that person’s permission to do so

4.Professional Portfolio

a)You should prepare a portfolio that contains samples of your legal writing, transcripts, and so on

b)Sample documents should not contain any identifying references to clients

B.The Interview

1.Before the Interview

a)Learn as much about the firm as possible

b)Questions should be anticipated and answers prepared in advance of the job interview

2.At the Interview

a)Interviewers use certain questions and formats, such as closed-questions, open-ended questions, hypothetical questions, and pressure questions, to elicit certain types of responses

b)Illegal questions need not be answered

3.After the Interview

a)After each interview, jot a few notes to refresh your memory in case you are called back for another interview

C.The Follow-Up/Thank-You Letter

1.After the interview, send a follow-up letter to the interviewer

2.The letter should thank the interviewer for her time

3.The letter should also reaffirm the applicant’s interest in the position

D.Job-Hunting Files

1.Keep copies of job-search letters and any responses to them in your files

2.Keep lists or notes on addresses, telephone numbers, dates of contact, and advantages or disadvantages of employment with various firms

3.These files will provide you with an excellent resource for networking even after you have a permanent position

E.Salary Negotiations

1.You should research the salaries of paralegals in similar job situations in your community before discussing salary with a prospective employer

2.The best option in salary negotiations might be to state a salary range that is acceptable to you

3.In addition to salary, remember that benefits and other factors are important to you