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FREQUENTLY ASKED QUESTIONS BY ATTORNEYS ABOUT PARALEGALS
What is a Certified Legal Assistant/Certified Paralegal or Registered Paralegal?
Why should
an attorney hire a paralegal?
How will attorneys charge for the work paralegals perform?
Do clients object to being served by a paralegal?
What is the role of attorneys utilizing paralegals in the law practice?
Where can attorneys find information on ways of utilizing paralegals.
How can a law firm develop a paralegal department?
How
can attorneys find a qualified paralegal?
What
is American Bar Association (ABA) Approval?
What duties can be delegated to a paralegal?
How do I know what a paralegal can really do?
What type of educational background should I look for in an
applicant?
Can a paralegal work for the public performing dissolution of marriages, etc.
What things can a paralegal NOT DO?
How should my paralegal sign letters on behalf of the firm?
A paralegal is a person who performs substantive legal work, which requires knowledge of legal concepts and is customarily but not exclusively, performed by a lawyer, and who is qualified through education, training and/or work experience to perform such work. This person may be retained or employed by a lawyer, law office, governmental agency, corporation or other entity, or may be authorized by administrative, statutory or court authority to perform this work. This person may also be known as a legal assistant under this definition. What is a Certified Legal Assistant/Certified Paralegal or Registered Paralegal?
A certified legal assistant/certified paralegal is a paralegal/legal assistant who has successfully completed the voluntary comprehensive two-day Certified Legal Assistant Examination (CLA) offered by the National Association of Legal Assistants (NALA). A Registered Paralegal is a paralegal who has successfully completed the voluntary Paralegal Advanced Competency Exam (PACE) offered by the National Federation of Paralegal Associations (NFPA).
Those who have
successfully completed a paralegal program are “certificated” not
“certified.”
Why should an attorney hire a paralegal?
¨
Frees up attorney time to
handle more complex cases and serve more clients.
¨
Allows the
attorney to accept a large volume of cases thereby increasing
revenue.
¨
Paralegals can
perform quality legal services to the client at a lower cost to
the client.
¨
Allows the
attorney to market his or her legal services as being
progressive and efficient.
¨
The paralegal is
generally available to meet with the clients when the attorney
is unavailable or when the attorney’s presence is not necessary.
¨
Allows more time
for the attorney to meet mandatory continuing education
requirements and to keep abreast of new or repealed laws and
reported cases.
¨
Allows the
attorney to accept pro bono cases or represent clients or to
represent clients in
noteworthy cases.
How will attorneys charge for the work paralegals perform?
Most attorneys bill paralegal time directly to the client on a hourly basis.
A paralegal’s contributions substantially increase the firm’s
bottom line when properly utilized and billed at a competitive
rate for preparation of substantive legal work.
Yes. However,
the firm risks the law student or young lawyer becoming
dissatisfied.
Using a law student or young lawyer to do work which can be
delegated to a paralegal is a short-term approach.
Paralegals have more education and training in procedural
aspects than law students or young lawyers.
In addition, the firm risks having its fees reduced by
case law if the work is not delegated to a person with the
lowest billing rate, and the law student and young associate
will move on, leaving a gap in the case knowledge.
Do clients object to being served by a paralegal?
No. In fact, in many instances, clients prefer working with a paralegal because the paralegal is usually available when needed and billed at a lower rate.
What is the role of attorneys utilizing paralegals in the law practice?
Refer to the American Bar Association (ABA) Model Guidelines
and the National Association of Legal Assistants (NALA) Model
Guidelines, which set forth the attorney’s role in utilizing
paralegals/legal assistants.
Where can attorneys find information on ways of utilizing paralegals?
Refer to the Cincinnati Paralegal Association (CPA) Guide to Paralegals
in Greater Cincinnati by clicking
here.
How can a law firm develop a paralegal department?
¨ The firm must structure, organize and systematize the law practice so that substantial portions can be delegated to paralegals with appropriate supervision and review.¨ There must be an understanding of benefits of
utilizing paralegals, i.e, economy, efficiency and better work
product. ¨
Designate a group of lawyers committed to the
concept of paralegal utilization. ¨
Implement the paralegal program in a way that the
paralegals are kept highly productive.
paralegals billing rate should cover their salary,
office space, secretarial help, use of office services, and a
profit for the firm.
Rates can be raised with experience. ¨
Educate others who are not committed to
utilization of paralegals. ¨
Prepare job description for each practice area
(serves as a list of tasks and responsibilities) a paralegal may
perform. Obtain a
copy of the CPA Guide to Paralegals in Cincinnati.
A paralegal’s responsibilities and skills should grow
with experience. ¨
Monitor and maintain the continuing education
requirements for paralegals as specified under under the law.
How can attorneys find a qualified paralegal?
Determine the area of practice and the needs of the attorney,
and then decide:
·
Will the
position be full-time or part-time?
· Will the
position be for a permanent employee or can the services of a
freelance paralegal be utilized on a case-needed basis?
· Can the need
be met by upgrading the skills of current employees through a
paralegal certificate program?
·
What skills,
experience and education are required?
·
Do you need an
entry level, experienced or specialized paralegal?
Develop a Profile of the
Perfect Paralegal Candidate
·
Is a strong,
non-legal background in a related field required (i.e. real
estate, medical, water rights, etc.)?
·
What is the
minimum level of education required and are specialty degrees
required (i.e., engineering degree, accounting, English, etc.)?
·
Is a paralegal
degree or certificate from a paralegal program necessary?
Does the program need to be ABA approved or does the
paralegal program attended meet core requirements as a paralegal
program?
·
Is a bilingual
paralegal required?
·
Is the
knowledge of computer software programs essential and, if so,
what programs does the paralegal need to be proficient in?
·
Are legal
research skills needed?
Develop Interviewing
Questions for the Paralegal Candidate
·
What are the
paralegal's long-term goals?
Enables the attorney to obtain information about the
individual's professional commitment and career planning.
·
How does the
paralegal handle stressful situations?
Helps determine whether the individual can work under
pressure to meet important deadlines.
·
Ascertain what
the paralegal does to maintain his or her skills and what
continuing education classes have been attended or will be
considered.
·
Determine
whether the individual is willing to increase his or her skills
and knowledge and acquire networking contacts.
·
Inquire about
the paralegal's work habits.
Permits speculation about whether the individual works
independently and is self-motivated or needs constant
supervision and hand-holding.
·
Ask whether
the paralegal is creative and/or analytical.
May help determine if the individual would be better
suited for legal issues and substantive work or factual issues
working with witnesses, documents and preparing exhibits.
·
Ask about the
paralegal's previous employment including work experiences and
interaction between other office staff and attorneys.
Enables the attorney to evaluate the individual's
personality and ability to work with others and how the
paralegal handled positive and negative situations.
Search for Key
Characteristics to Aid in Identifying a Successful Paralegal
·
Professionalism (i.e., dress, poise, presentation, etc.)
·
Above-average
intelligence
·
Ability to
think logically
·
High level of
writing ability
·
Ability and
willingness to communicate
·
Able to assume
responsibility
·
Ability to
work independently with minimal guidance
·
Excellent
organizational skills
·
Attention to
detail
·
Understanding
of the ethical and confidentiality requirements
·
Self confident
with a positive attitude
· Takes personal pride in upgrading skills and knowledge by continuing education
Sources for Locating a
Paralegal
· Local paralegal association job bank
·
Employment
agencies specializing in legal staff
·
Advertisements
in the classified section of a local newspaper
·
Advertise in
local paralegal newsletter
·
"Word-of-mouth" through other paralegals and attorneys
What is American Bar Association (ABA) Approval?
The ABA Standing Committee on Paralegals adopted certain criteria that must be met for a
paralegal program to meet ABA approval. ABA approval is
voluntary. If a school seeks ABA approval, two important
standards must be met:
¨
The school offering a paralegal program must be a
part of an accredited educational institution.
¨ The school must offer at least 60 semester or 90 quarter units with general education.
At least 18 semester units or 27 quarter units must
satisfy legal specialty courses.
Many paralegal schools are in
compliance with the ABA guidelines for approval but some schools
chose not to seek the ABA approval because of the expense.
Many paralegal education
programs include an internship as part of the curriculum.
Contact the local paralegal associations or local college for
your area or county about the internships available from local
schools. The internship enables a student to utilize skills
acquired in the program in combination with practical on-the-job
experience. Private law firms, public defender or attorney
general offices, banks, corporate legal departments, legal aide
programs and governmental agencies offer internships.
What duties can be delegated to a paralegal? The duties which can be delegated to a paralegal vary greatly and depend upon the areas of legal specialization a paralegal/legal assistant is performing. The tasks which may be performed by paralegals may include but are not limited to, case planning, development and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney
The
CPA Guide to
Paralegals in Greater Cincinnati describes the various tasks a paralegal can perform
for each field of law.
How do I know what a paralegal can really do?
Review the applicant’s resume
for educational background, prior law-related experience,
request references and work samples. In preparation for
the interview, you may want to develop a list of questions
designed to assess the applicant’s knowledge, skills and
abilities and the process used in preparing legal documents.
What type of educational background should I look for in an
applicant?
Paralegals
typically have education falling into one of the following
categories:
¨
A bachelor degree in paralegal studies from a
university. ¨
Most commonly, paralegals are educated at
community colleges which offer an American Bar Association
approved paralegal certificate or an Associate of Science Degree
in law-related courses, or a certificate or Associate of Science
Degree in law-related courses from a non-ABA approved
postsecondary institution.
What things can a paralegal NOT DO?
¨
Provide legal
advice.
¨
Represent a
client in court.
¨
Engage in conduct
that constitutes the unlawful practice of law.
¨
Contract with, or
be employed by, a natural person other than an attorney to
perform paralegal services.
¨
Establish the
fees to charge a client.
How should my paralegal sign letters on behalf of the firm?
A paralegal should sign his or her name with title
underneath.
No one.
What are the mechanisms for regulation?
¨
Certification
A voluntary form of regulation.
A process by which a non-governmental agency or
association grants recognition to an individual who has met
certain predetermined qualifications specified by that agency or
association which usually involves passing an examination drawn
up by the organization or certifying agency.
Presently, neither the paralegal programs offered in
Ohio, nor the Ohio State Bar Association nor the American Bar
Association (ABA) certify paralegals.
Once a paralegal successfully completes a paralegal
program in Ohio, that paralegal is “certificated.”
¨
Licensure
A mandatory form of regulation.
A process by which an agency of a state government grants
permission to persons meeting predetermined qualifications to
engage in a given occupation and/or use a particular title or
grants permission to institutions to perform specific functions.
The primary purpose of licensing is to demonstrate
proficiency for entry into a profession with minimal competency
defined by the legislature.
Licensing is a mechanism for public consumer protection.
¨
Registration
A less rigid form of regulation and involves the filing of
specific identified information with a governmental body for
purposes of monitoring, control and recourse.
Registration may be either voluntary or mandatory.
The purpose of registration is to provide identification
of members in a given profession.
Certain qualifications are minimal and are often defined
within the registration process.
Registration lends itself to identification of members of
a profession and less to the efficiency or professional
achievement.
The links below direct you to several articles written about the paralegal profession, the utilization of paralegals, and other matters relating to paralegals.
What is a paralegal? and What are some of the benefits to an attorney's using a paralegal? (link to NFPA website)
Paralegal Responsibilities (link to NFPA website)
Guide to Paralegals in Greater Cincinnati - published by the Cincinnati Paralegal Association
"Paralegals: Enhancing Practice, Professionalism and Profitability," - video. Available for purchase through the Cincinnati Paralegal Association. The video is a means to educate law school students. New and practicing lawyers will find the information useful since it describes the benefits they can realize by including paralegals on the legal services team. Excellent video for paralegals since it not only delineates the paralegal role but also address ethical and unauthorized practice of law concerns. Please contact our Professional Development Chair at professional_development@cincinnatiparalegals.org for more information.
Attorney-Client and Attorney Work Product Privileges: Their Application to Paralegals (link to NFPA website)
Paralegals and Conflicts of Interest (link to NFPA website)
Recovery of Paralegal Fees (link to NFPA website)
If you have any further questions, feel free to contact the CPA. We are always available to answer questions about our profession and are also available to speak to small groups of attorneys about paralegals and the utilization of paralegals.
For more information, please e-mail our Professional Development Committee at or call us at (513) 244-1266.
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Copyright © 2007 Cincinnati Paralegal Association |
