Paralegal: Difference between revisions
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Paralegals are legals that are paralyzed from the waist down. |
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'''Paralegal''' is a term used in many countries to describe non-lawyers who assist [[lawyer]]s in their legal work. |
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Paralegals are not lawyers. They are not authorized by the government or anyone to offer legal services in the same way, nor are they officers of the court (i.e. considered a formal part of the legal system), nor are they usually subject to government-/court-sanctioned rules of conduct. |
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Paralegals originated as assistants to lawyers at |
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a time when only lawyers offered legal services. In those jurisdictions, such as the [[United States]], where the local legal profession/judiciary is involved in paralegal recognition/accreditation then the profession of paralegal still basically refers to those people working under the direct supervision of a lawyer. 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 who 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. |
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== Official definitions == |
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paralegals are homosexuals that are paralyzed from the waist down and want to be lawyers |
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== Difference between paralegals and lawyers == |
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The biggest difference between lawyers and paralegals is that lawyers can set fees and give legal advice. If a paralegal attempts to do this they will be in violation of the [[unauthorized practice of law]] statutes that exist in most U.S. States and countries. |
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Other traditional differences between a paralegal and a lawyer (e.g. an attorney in the United States; a [[solicitor]] or [[barrister]] in the UK or solicitor or [[advocate]] in [[India]]) is that: |
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# paralegal expertise/training tends to be niche, whereas a lawyer has a much broader, longer, more formal and holistic training, and |
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# that the lawyer's primary job is to consider, analyse and strategise, whereas a paralegal's primary responsibility is to carry out the tasks arising from that consideration, analysis and strategy. |
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In the UK there are now almost 4,000 government registered/regulated paralegal advisory firms offering services that would previously have been offered by lawyers.{{Citation needed|date=March 2009}} Elsewhere such as India and Singapore, paralegals work much more along the traditional line of assisting lawyers.{{Citation needed|date=April 2009}} |
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Paralegals are found in all areas where lawyers work — in [[criminal procedure|criminal trials]], in [[real estate]], in government, in [[estate planning]]. In the US, paralegals and [[legal document assistant]]s (LDAs) are often mistaken for one another. In most other jurisdictions the profession is not yet developed enough to have a clear distinction between the two. |
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== Difference between paralegals and notaries public == |
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In the United States a large percentage of paralegals and legal secretaries are also commissioned as [[notary public|notaries public]]. This link is not necessarily the norm in other jurisdictions. In the United Kingdom for example notaries are a distinct group, and tend to be solicitors. |
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== Educational background == |
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=== United States === |
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In the United States, paralegals have taken many different paths to their careers. These paths comprise an array of varying levels of education, different certifications, and on-the-job-training. They work in government, for [[law firm]]s, for [[corporation]]s, for real estate firms, and for nonprofit organizations. Where they work and what they do often depends on what mixture of experience, skills, education, and certification they possess. |
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Some paralegals have only on-the-job experience, while some paralegals have completed a [[associate's degree|two-year course]] or [[bachelor's degree]] in paralegal studies. Others have completed a bachelor's or even a [[master's degree]] in another field, and quite a few of these people have also completed a regular or post-baccalaureate paralegal certificate, or have completed some semesters of law school but have not been admitted to the bar. Many paralegals have completed all of their training before entering the profession, while others have completed their education while working their way up from the mailroom in a law firm. Many paralegals take Continuing Legal Education credits to fulfill the requirements of their firm, state, or association. |
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Paralegal or Legal Assistant courses of study have long been available in associate's degree or certificate programs at community colleges and private universities. However, similar programs exist at four-year universities and have expanded over the years. More and more prestigious universities offer bachelor's degrees and post-baccalaureate certificates in the subject. |
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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. Thus, many people would prepare legal documents for the public (even though it is understood that paralegals are not supposed to provide services directly to the public) and call themselves paralegals. In addition to the flurry of lawsuits filed against these individuals, the paralegal profession began to be attacked. 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.<ref>http://www.abanet.org/legalservices/paralegals/update/cacannon.html</ref> |
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=== United Kingdom=== |
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Outside of the United States, the paralegal profession is developing at a rapid rate in the UK. The National Association of Licensed Paralegals (NALP) has been around for 22 years and is the professional governing body for accredited paralegals: http://www.nationalparalegals.co.uk/ |
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Access into the profession can either be with a Law degree or without. Those who are already graduates can take The Post Graduate Diploma in Paralegal Practice (PPC) (similar to the LPC for solicitors). Those that have no previous qualification can do the Higher Certificate in Paralegal Studies. |
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The NALP is a member of the National Federation of Paralegal Associations. |
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== Certification == |
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=== United States === |
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In the United States, there is no such thing as a ''licensed'' paralegal; rather, paralegals can be "registered," "certificated," or ''certified''. While [[certification]] or registration is voluntary in most states, it prepares a paralegal to enter the profession, in many places it may increase the likelihood of a paralegal's hire or promotion, and serves to identify a person as capable of work that is on par with certain standards. |
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There are two major [[United States|national]] organizations that offer designations to paralegals who meet voluntary regulation standards: the '''National Association of Legal Assistants''' (NALA) and the '''National Federation of Paralegal Associations''' (NFPA). |
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NALA offers its Certified Legal Assistant examination, a comprehensive 2-day examination that awards the paralegal the "CLA" or "Certified Legal Assistant" or "CP" Certified Paralegal" designation. Both the "CLA" and "CP" designations are proprietary trademarks owned by NALA, paralegals who have attained further education and received a paralegal certificate are referred to as "Certificated" unless they have passed the examination and been awarded the "Certified" designation. Additionally, those paralegals who receive the "Certified Paralegal" designation then have the opportunity to earn the "Advanced Certified Paralegal" designation. |
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The NFPA offers the Paralegal Advanced Competency Exam, which is a four-hour exam on a variety of legal topics; those who pass that exam can call themselves PACE-Registered Paralegals and display the "RP" designation.<ref>{{cite book |last=Miller |first=Roger |coauthors=Mary Meinzinger Urisko |year=2007 |title=West's paralegal today |isbn=1-4180-5032-6 |publisher=Delmar Learning |location=Albany, N.Y. |oclc=84737349 |pages=2, 8–9}}</ref> NFPA’s core purpose is to advance the paralegal profession and is committed to the profession’s Code of Ethics. |
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Graduation from a certificate or degree program does not, technically, certify a paralegal; in most states, passing an exam administered by a recognized entity is the only benchmark. Many states, such as Florida, have started to legislate licensing requirements for paralegals in an effort to maintain quality and to determine who can call themselves paralegals.{{Citation needed|date=February 2008}} |
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Some states have considered the licensure of paralegals. Whether paralegals should be licensed or certified is one of the most important issues for paralegals today.{{Citation needed|date=February 2008}} |
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=== United Kingdom === |
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The National Association of Licensed Paralegals offers self-regulation and Licensing for Paralegals in England & Wales. |
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There are various levels of certification and membership according to the level of training, qualification and experience. |
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To become a Licensed Paralegal a person should have an acceptable qualification in law, e.g. the Association's Higher Certificate, ILEX, Law Degree or HND ( plus a procedural law qualification) or any other qualification deemed suitable, and who can satisfy the other criteria laid down by the Association namely: knowledge, competence, dedication, character requirements and continuous professional development. |
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'''The Institute of Paralegals''' is the UK body setting national standards for paralegals, legal secretaries and other non-lawyer legal professionals working in the legal profession. They offer self regulation and certification for paralegals in England and Wales. On behalf of paralegals they also liaise regularly with government, The Law Society, Bar Council and others on issues of concern to paralegals, such as rights of audience, diversity, recognition of paralegals, terms and conditions, education and direct access to the Bar.{{Citation needed|date=September 2009}} |
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They also: work with employers and recruiters, create career paths for support staff, lobby government, provide qualifications & accreditation, and help people become legal professionals |
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The Institute is widely recognised by, amongst others, The Law Society, Bar Council, UK government, Solicitors Regulation Authority and Legal Services Ombudsman. They are headquartered in Berkeley Square, Mayfair, London.{{Citation needed|date=September 2009}} |
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A not-for-profit professional body incorporated by guarantee, they were formed in 2003. They were granted institute status by the UK government in 2005, with the support of, amongst others, The Law Society of England & Wales, the Bar Council, Citizens Advice and the Crown Prosecution Service, all of whom recognised the need for the developing paralegal profession to have a representative body.{{Citation needed|date=September 2009}} |
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== Salary == |
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=== United States === |
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In the [[United States of America|United States]], the median annual salary for a paralegal in the private sector is [[US$]]47,600 (as of May 2007).<ref name="bls">{{cite web |url=http://www.bls.gov/oes/current/oes232011.htm |title=Paralegals and Legal Assistants |accessdate=2008-07-28 |work=Occupational Employment and Wages, May 2007 |publisher=[[Bureau of Labor Statistics]] |date=2008-09-04}}</ref> |
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Paralegals working for the [[Federal government of the United States|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.<ref>{{cite web |url=http://www.legalassistanttoday.com/Paralegal-Salaries.htm |title=Paralegal Salaries |accessdate=2008-07-28 |work= |publisher=Legal Assistant Today Magazine |date= }}</ref> |
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The paralegal field is growing rapidly.{{Update after|2004|04|18|COMMENT=please check these facts}}<ref>{{cite news |first=Adam |last=Kramer |title=Paralegal field found one of most rapidly growing |url=http://www.bizjournals.com/albany/stories/2003/04/21/focus7.html |work=The Business Review |date=2003-04-18 |accessdate=2008-07-28}}</ref> |
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=== United Kingdom === |
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In the United Kingdom paralegal salaries in law firms can start at as little as [[£]]14,000 in some rural or suburban areas but may reach as high as £60 - £80,000 for the most senior in the larger city firms. |
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A paralegal can also work as a freelance offering their services to solicitors performing tasks such assisting Counsel at court and taking notes in court and presenting applications to District Judges in chambers. They can be paid on a daily or hourly rate earning up to £60 - £100 per day. |
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== Economics == |
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The paralegal phenomenon is a legal-economics argument in all jurisdictions - they exist precisely because they are not lawyers and thus can do the work much more cheaply. Other than expertise, the main constraint on what work a paralegal can or cannot do tends to be local rules that reserve (i.e. give a monopoly to) particular activities to lawyers. Each jurisdiction tends to have its own "reserved activities list". |
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=== United States === |
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According to United States law{{Citation needed|date=November 2008}}, there are five specific acts which only a licensed attorney can perform: |
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# Establish the attorney-client relationship |
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# Give legal advice |
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# Sign legal papers and pleadings on behalf of a party |
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# Appear in court on behalf of another (i.e. the client)* |
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# Set and collect fees for legal services |
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''<nowiki>*</nowiki>Except for a limited number of jurisdictions, including but not limited to Social Security cases, wherein a non-attorney (Paralegal) can appear on behalf of the client.'' |
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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. |
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=== United Kingdom === |
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In the United Kingdom, the [[Solicitors Act 1974]]<ref>http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Primary&PageNumber=54&NavFrom=2&activeTextDocId=2188768</ref> reserves certain activities for solicitors. Broadly, these include: |
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* Preparing and lodging documents concerning the conveying or charging of land |
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* Undertaking probate law |
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* Undertake litigation (except in the small claims court) |
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=== Trends in usage of paralegals === |
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The United States' experience is that [[law school]]s and [[state bar association]]s, 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|date=July 2009}} 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). |
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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. |
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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 secretary|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." |
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The United Kingdom has gone one step further. Much legal work by lawyers for the poorer elements of society is [[legal aid|legally aided]], or paid for by the government. As overall costs have risen due to more people than ever engaging with the law, the government has reduced such legal aid. As a result the work has become uneconomic for many and they have ceased doing it. Paralegal advisory firms are stepping in to fill the gap.{{Citation needed|date=November 2008}} |
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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. However, one commentator has warned that "our profession makes a serious error if it uses legal assistants only as economic tools."<ref> |
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{{cite book |
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| last = T. Brodrick, Jr |
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| first = John |
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| coauthors = Arthur G. Greene (editor) |
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| title = Leveraging with Legal Assistants (Chapter 7: "An Emerging Model: Legal Assistant as Colleague") |
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| publisher = American Bar Association |
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| date = 1993 |
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| location = Chicago |
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| pages = |
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| isbn = 0897078977}}</ref> |
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==Paralegal Nurse Consultants== |
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Some attorneys who practice in fields involving medical care have only a limited knowledge of healthcare and medical concepts and terminology. Therefore, in addition to Legal Nurse Consultants, a certain number of [[registered nurse]]s have become fully trained as paralegals in the manner described above and assist behind the scenes on these cases, in addition to serving as expert witnesses from time to time. There is an extremely high demand for nurses to begin with, so the demand for nurses with paralegal skills is expected to remain very high in the near future. |
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==Paralegal Day== |
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Several [[United States|state]] governments have designated a "Paralegal Day", which is not the same day everywhere,<ref name=Day>[http://www.lawcrossing.com/article/index.php?id=2246 Lawcrossing.com website]. Accessed September 4, 2008.</ref> in particular [[New York]]'s [[governor]] [[David Paterson]],<ref>June 20, 2008, see [http://www.state.ny.us/governor/keydocs/proclamations/proc_paralegal.html Paralegal Day Proclamation from New York state government website]. Accessed September 4, 2008.</ref><ref>Joel Irving, "Paralegal Day in New York", found at [http://www.newyorkparalegalblog.com/2008/07/paralegal-day-in-new-york-state.html New York Paralegal website]. Accessed September 4, 2008.</ref><ref>[http://www.wnyparalegals.org/vbbs/showthread.php?t=652 Western New York Paralegals Association official website]. Accessed September 4, 2008.</ref> [[Michigan]]'s governor [[Jennifer M. Granholm]],<ref name=Day /><ref>May 3, 2005, as "Legal Assistant/Paralegal Day in Michigan", see [http://www.michigan.gov/gov/0,1607,7-168-21973-111503--,00.html Michigan state government website]. Accessed September 4, 2008.</ref> [[South Carolina]],<ref name=Day /> [[Idaho]]'s governor [[James E. Risch]]<ref>September 12, 2006, see [http://gov.idaho.gov/mediacenter/proc/proc06/procsept/proc_paralegal.html Idaho state government website]. Accessed September 4, 2008.</ref> and the [[Texas]] Assembly.<ref>October 23, 2005, see [http://www.southtexasparalegals.org/TexasParalegalDay.html Texas Paralegal Day Proclamation from Texas state government website]. Accessed September 4, 2008.</ref> [[California]], [[Connecticut]], and [[Utah]] also have a Paralegal Day.<ref name=Day /><ref>[http://www.caparalegal.org/ California Alliance of Paralegal Association official website]. PDF file. Accessed September 4, 2008.</ref><ref>[http://webster.utahbar.org/barjournal/2008/03/paralegal_division.html Utah Bar Association official website]. PDF file. Accessed September 4, 2008.</ref><ref>May 18, 2009 - Paralegal Day in Ohio per Ted Strickland, Governor</ref> |
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== Paralegals outside of the United States == |
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{{Unreferenced section|date=July 2008}} |
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===United Kingdom=== |
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The original concept of paralegals started with the Paralegal Association in the mid 1980's (now the National Association of Licensed Paralegals). |
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However, it is only recently that paralegals have begun to be seen as more than merely assistants to lawyers. They are now a newly emergent, and increasingly distinct, group of legal professionals. |
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Research shows there to be over 500,000 non-lawyers doing legal work in the United Kingdom. |
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The United Kingdom actually comprises three separate jurisdictions: England and Wales; Scotland and Northern Ireland (the Channel Islands and the Isle of Man are distinct political entities as well as different jurisdictions). In the United Kingdom anyone may call himself/herself a paralegal without any qualifications whatsoever. Professional bodies such as the National Association of Licensed Paralegals are lobbying for this to change, but for the present 'paralegal' is not a protected title. |
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Paralegals in England and Wales may offer legal advice, as may any person, as there is no offence such as the unauthorized practice of law - with three exceptions: |
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1. Undertaking the activities reserved to solicitors under the Solicitors Act 1974; |
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2. Undertaking immigration work if not registered with the Office of the Immigrations Services Commissioner; |
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3. Undertaking certain types of claims/compensation related work if not registered with the Ministry of Justice. |
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Paralegals technically have very limited rights to conduct litigation/rights of audience before courts/tribunals. In practice many appear in courts and tribunals at all levels. |
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Paralegals also act as Police Station Representatives if they are accredited, giving advice to clients held in police custody. |
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The National Association of Licensed Paralegals is working to improve recognition for paralegals and has done so for 22 years, having introduced qualifications and standards and self-regulation to the profession and is recognised by The Law Society of England as the professional body for paralegals in England & Wales. |
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In Scotland, the Scottish Paralegals Association has been recognised by the Law Society of Scotland as the independent professional body for paralegals in Scotland. |
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===Canada=== |
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The Province of [[Ontario]], [[Canada]], recently became the first jurisdiction in North America to provide for the licensing of independent paralegals. This task will be the responsibility of the [[Law Society of Upper Canada]] (founded in 1797), which already regulates Ontario's 40,000 or so lawyers. As of [[May 1]], [[2007]], the Law Society will determine what types of services paralegals can offer without the supervision of a lawyer. The Society will also be responsible for disciplining paralegals who do not conform to rules of professional conduct. |
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The Province of [[Alberta]], [[Canada]], has no legislation in place currently that regulates paralegals. The majority of legal assistants and paralegals work under the supervision of a lawyer. |
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== Paralegals in films, television and literature == |
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Unlike nurses and [[physician assistant]]s, paralegals have not caught the popular imagination and rarely are seen or mentioned in fictional or non-fiction legal television programs, or in legal fiction in print. There are however exceptions. |
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The most famous is probably [[Erin Brockovich]], a real legal clerk whose participation in a [[toxic tort]] case became a major motion picture. In the movie ''[[Eagle Eye (film)|Eagle Eye]]'' (2008) starring [[Shia LaBeouf]] and [[Michelle Monaghan]], Monaghan plays a single mom who works as a paralegal.<ref>Brian Craig, Paralegals and Legal Assistants in Film and Television; http://community.globeuniversity.edu/paralegal/?p=93</ref> |
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Another notable exception is the character [[Della Street]], from the ''[[Perry Mason]]'' novel, television and movie series. Although Mason identifies Della as "my confidential secretary", the projects he assigns her are entirely consistent with the law office work performed by experienced paralegals. |
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[[John Grisham]] includes many paralegals in his novel; for example, Rudy Baylor (the main character in ''[[Rainmaker]]'') works briefly as a paralegal - and his associate Deck subsequently become Rudy's paralegal when he starts his own firm. |
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''[[Harvey Birdman: Attorney at Law]]'', an esoteric cartoon comedy, features a paralegal in the form of Avenger, who is usually seen managing files, preparing and presenting documents to the attorneys, and drafting letters to clients. Avenger will usually accompany the charismatic, yet often under-prepared, Birdman into court, and whisper case information and advice into his ear. Despite not knowing English, he is by far the most competent employee of Sebben & Sebben. |
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The most current example is likely contained in [[FX (TV network)|FX]]'s ''[[The Riches]]'' in which Doug Rich, a con-artist played by [[Eddie Izzard]], impersonates a lawyer at a cutthroat real estate development company. Rich's apparent lack of legal knowledge is often compensated by Aubrey McDonald, a highly-skilled paralegal who manages to help guide the under-educated anti-hero through more than a few sticky situations. |
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==See also== |
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* [[Community college]] |
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* [[Contract attorney]] |
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* [[Individual rights advocate]] |
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* [[Proprietary colleges]] |
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==References== |
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<references /> |
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==External links== |
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*[http://www.abanet.org/legalservices/paralegals/def98.html Current ABA Definition of Legal Assistant/Paralegal] |
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*[http://www.bls.gov/oco/ocos114.htm Paralegal and Legal Assistants] |
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* [http://www.bls.gov/oco/pdf/ocos114.pdf United States Bureau of Labor Statistics government web site Occupational Outlook for Paralegals and Legal Assistants] |
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[[Category:Legal professions]] |
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[[de:Rechtsanwaltsfachangestellter]] |
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[[fr:Paralégal]] |
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[[ja:パラリーガル]] |
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[[pt:Técnico jurídico]] |
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[[ru:Паралегал]] |
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Revision as of 14:49, 29 September 2009
Paralegals are legals that are paralyzed from the waist down.