The Responsibilities Of A Paralegal

Published: 03rd November 2009
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Paralegals
A paralegal is a paraprofessional that typically works under the direct supervision of an attorney, but not always. A paraprofessional generally is an individual who is trained to assist a professional but is not fully licensed to act as a professional in that field.

What Does a Paralegal Do
A paralegal typically works in a law office and prepares all of the legal forms that the attorney uses in the practice. Paralegals normally have to pass a certification issued by the state that they work in, education can vary from two to four years for a degree program and around eighteen months for a certificate program. These paraprofessionals are well versed in legal research practices and assist the attorney in day to day activities. Typically a law firm will have one to five paralegals for each attorney. Paralegals can prepare legal forms for everything from simple real estate forms for real estate transactions to powers of attorneys to very complex legal briefings. These paraprofessionals are the back bone of most law firms. They greet the client, do client intake and keep the attorney briefed on case history. There are some paralegals that work independently as petition prepares or pleading prepares, in this capacity they work as independent contractors and can contract work through both attorneys and individuals.


What Can't a Paralegal Do
A paralegal cannot give legal advice. They are prohibited by law to dispense legal advice. They may prepare all of the legal forms that are filed but cannot advise a lay person on the content of the forms, even when working in the capacity as an independent contractor a paralegal can contract to prepare petitions or pleadings but cannot dispense legal advice. If they do err and provide someone with legal advice they can be punished both under criminal law and civil law. Unlike an attorney they cannot review legal forms or documents and advise on the content, than can advise on the format of the legal form or document. Some states set the fee rate that a paralegal can charge for preparing pleadings or petitions. Unlike an attorney a paralegal is not considered an officer of the court. They are not sanctioned by the court to any rules for behavior like client confidentiality, when working for a law firm they may be required to these confidentiality rules by the law firm itself but there is no standard implied or otherwise that they are expected to adhere to.

Paralegals are an integral part of the legal industry, but are not licensed professionals and are not a replacement for an attorney.




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