PARALEGAL
Background and Definition:
"Legal assistants and paralegals are individuals who assist lawyers in the delivery of legal services. Legal assistants and paralegals cannot give legal advice to consumers of legal services."
"Definition: ‘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.’"
A Paralegal was also defined and adopted in 1997 by the American Bar Association. This definition reads as follows:
"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."
Professional Standards for Paralegals:
A paralegal or legal assistant should meet certain minimum requirements. The following standards have been adapted by the National Association of Legal Assistants (NALA):
"1. Successful completion of the Certified Legal Assistant certifying (CLA) examination of NALA.
Graduation from an ABA approved program of study for legal assistants;
Graduation from a course of study for legal assistants which is institutionally accredited by not ABA approved, plus not less than six months of in-house training.
Graduation from a course of study for legal assistants, other than those set forth in (2) and (3), plus not less than six months in-house training.
A baccalaureate degree in any field, plus not less than six months in-house training.
A minimum of three years of law-related experience under the supervision of an attorney, including at least six months of in-house training as a legal assistant; or
Two years of in-house training as a legal assistant."
Some Generic Duties of a Paralegal:
First, all duties of a paralegal are supervised by an attorney. In no case, a Paralegal cannot give legal advice, represent a client in court, set a fee, or accept a case.
Conduct client interviews, maintain general contact with client
Conduct investigations and statistical and documentary research
Conduct legal research
Draft legal documents, correspondence and pleadings.
Summarize depositions, interrogatories and testimony.
Attend execution of wills, real estate closings, depositions, court or administrative hearings and trials with an attorney.
Author and sign correspondence provided the legal assistant status is clearly indicated and the correspondence does not contain independent legal opinions or legal advice
Professionally, a paralegal’s time for substantive legal work (as opposed to clerical or administrative work) is billed to clients much the same way as an attorney’s time, but at a lower hourly rate.
Terminology Used by Maryland ALA :
In recent years, there has been a debate the title of a paralegal and whether or not such an individual should be called a "paralegal" or a "legal assistant." Of the 20 or so law firms that responded to a recent survey, most law firms in the Maryland Chapter of the ALA, use the term "paralegal" as a job title for individuals who serve as a paralegal or legal assistant.