What Is A Paralegal?
The National Federation of Paralegal Associations defines a paralegal as "…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." Paralegals adhere to recognized ethical standards and rules of professional responsibility.
What Is The Difference Between A Legal Assistant And A Paralegal?
There is no specific standard or set of qualifications that determines the difference between a legal assistant or a paralegal. The titles "paralegal" and "legal assistant" are generally interchangeable. California has a law specifying who may use the title ‘paralegal’. Other states are considering similar proposals.
Do Paralegals Need to Be Licensed?
Currently, paralegals are not licensed as lawyers are, nor subject to any other regulations. California requires a certain level of education for persons using the title "paralegal."
What Is A "Certified" Paralegal?
A "certified" paralegal sometimes is referred to as a paralegal who has completed a certification program. There are several recognized certification programs. The National Association of Paralegals (NALA) awards the designation Certified Legal Assistant (CLA) or Certified Paralegal (CP) to persons who have met its requirements, which include passing a competency exam. Advanced specialty certification (CLAS) exams are also administered by NALA, as are a few state-specific advanced competency examinations. The National Federation of Paralegal Associations (NFPA) awards the designation Registered Paralegal (RP) to persons who have met its requirements, which include passing the Paralegal Advanced Competency Exam (PACE). NALS, the association for legal professionals, offers two paralegal certifications. The American Alliance of Paralegals (AAPI) awards the designation American Alliance Certified Paralegal (AACP). The Texas Board of Legal Specialization offers a voluntary specialty certification program in six areas of Texas law. Other states have state-specific examinations.
Does The American Bar Association Oversee The Ethical Conduct Of Paralegals?
The legal assistant concept began to emerge in the late 1960's when law firms sought ways to improve the efficient and cost effective delivery of legal services. The American Bar Association (ABA) does not certify individual paralegals. However, since 1975 the ABA has approved paralegal programs that satisfy the rigorous standards of the ABA Guidelines for the Approval of Paralegal Education Programs.
What Legal Work Can Paralegals Do?
Paralegals can be delegated any task normally performed by a lawyer, as long as the lawyer supervises the work, except those prescribed by law. Paralegals can review and organize client files, conduct factual and legal research, prepare documents for legal transactions, draft pleadings and discovery notices, interview clients and witnesses, and assist at closings and trials. The paralegal may also aid the lawyer in administering trusts and estates, assisting with real estate transactions, drafting certificates and corporate documents needed by state law to form various business entities as well as assisting in client-related matters that do not require a law degree.
Can Paralegals Practice Law?
The practice of law is regulated by each of the 50 U.S. states. In all states, legal assistants and paralegals are prohibited from practicing law without a license. Legal assistants and paralegals cannot give legal advice. Legal advice can only be given by a licensed lawyer (attorney). Generally, paralegals may not represent clients in court, take depositions, or sign pleadings. Paralegals may not establish the attorney's relationship with the client or set fees to be charged.
Who Is Responsible For The Work Paralegals Performs?
Lawyers are ultimately responsible for the work performed by their paralegals. Lawyers are responsible for the ethical conduct of the paralegals whom they employ. Lawyers who supervise paralegals must develop, implement, and enforce policies to ensure that paralegals understand how their conduct must conform to lawyer's professional obligations. Paralegals may not be partners or shareholders in a law firm. Attorneys may not split legal fees with paralegals nor pay paralegals for the referral of legal business.
What Is A LDA?
Legal Document Assistants (LDA) were commonly known as Independent Paralegals. However, as of January 1st, 2000, only those paralegals working directly for a lawyer attorney may now be referred to as Paralegals. Those formerly known as Independent Paralegals are now officially known as Legal Document Assistants (LDA's). LDAs are prohibited from calling themselves paralegals. LDAs are required by law to be registered and bonded in the county in which they have their registration valid for two years. However, paralegals are not required to register as they work for attorneys and not for consumers.
How Is A LDA Different From A Paralegal?
A paralegal works under the direct supervision of a Lawyer attorney. A LDA works independently. A paralegal cannot accept compensation for preparing documents for clients. A LDA can charge for document preparation. Paralegals cannot work as an LDA unless meeting the requirements of being bonded and registered by the county.
When Should I Use A LDA Versus A Lawyer?
A LDA is a non-attorney who can complete legal documents for you at your instruction. LDAs can also file these documents and forms with the court and have them served to the appropriate party. LDAs can supply attorney-approved written materials for your self-help legal needs. However, by law, LDAs cannot give legal advice or represent you in the court. Generally, it is a good idea to speak to a lawyer to determine whether your legal needs can be handled by a LDA.
Will I Save Money Using A LDA?
LDA's provide a low-cost alterative to hiring a lawyer for routine court paperwork. Usually, when you retain a lawyer you will be asked for a sum of money as a retainer. Also lawyers generally calculate their time spent on your documents by the hour or portion. Each document has an approximate time in which the lawyer will bill for that particular legal document. LDAs often charge one flat rate.
What Some Things That A LDA Is Prohibited From Doing?
An LDA cannot provide legal advice.
An LDA cannot select the forms you should file.
An LDA cannot represent you in court.
An LDA cannot interpret documents.
An LDA cannot tell you what information should be inserted in the documents.
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