Not all legal work requires a law degree. Lawyers are often assisted in their work by paralegals also called legal assistants who perform many of the same tasks as lawyers, except for those tasks considered to be the practice of law.
Paralegals work directly under the supervision of lawyers. Although the lawyers assume responsibility for the legal work, they often delegate to paralegals many of the tasks they perform as lawyers. Paralegals are prohibited from setting legal fees, giving legal advice, or presenting a case in court.
Paralegals generally do background work for lawyers. To help prepare cases for trial, paralegals investigate the facts of cases to make sure that all relevant information is uncovered. Paralegals may conduct legal research to identify the appropriate laws, judicial decisions, legal articles, and other materials that may be relevant to clients' cases. After organizing and analyzing all the information, paralegals may prepare written reports that attorneys use to decide how cases should be handled. Should attorneys decide to file lawsuits on behalf of clients, paralegals may help prepare the legal arguments, draft pleadings to be filed with the court, obtain affidavits, and assist the attorneys during trials. Paralegals also keep files of all documents and correspondence important to cases.
Besides litigation, paralegals may also work in areas such as bankruptcy, corporate law, criminal law, employee benefits, patent and copyright law, and real estate. They help draft documents such as contracts, mortgages, separation agreements, and trust instruments. They may help prepare tax returns and plan estates. Some paralegals coordinate the activities of the other law office employees and keep the financial records for the office.
Paralegals who work for corporations help attorneys with such matters as employee contracts, shareholder agreements, stock option plans, and employee benefit plans. They may help prepare and file annual financial reports, maintain corporate minute books and resolutions, and help secure loans for the corporation. Paralegals may also review government regulations to make sure that the corporation operates within the law.
The duties of paralegals who work in government vary depending on the type of agency that employs them. Generally, paralegals in government analyze legal material for internal use, maintain reference files, conduct research for attorneys, collect and analyze evidence for agency hearings, and prepare informative or explanatory material on the law, agency regulations, and agency policy for general use by the agency and the public.
Paralegals employed in community legal service projects help the poor, the aged, and other persons in need of legal aid. They file forms, conduct research, and prepare documents. When authorized by law, they may represent clients at administrative hearings.
Some paralegals, usually those in small and medium-sized law firms, have varied duties. One day the paralegal may do research on judicial decisions on improper police arrests and the next day may help prepare a mortgage contract. This requires a general knowledge of many areas of the law.
Some paralegals who work for large law firms, government agencies, and corporations, specialize in one area of the law. Some specialties are real estate, estate planning, family law, labor law, litigation, and corporate law. Even within specialties, functions often are broken down further so that paralegals may deal with one narrow area of the specialty. For example, paralegals who specialize in labor law may deal exclusively with employee benefits.
A growing number of paralegals are using computers in their work. Computer software packages are increasingly used to search legal literature stored in the computer and identify legal texts relevant to a specific subject. In litigation that involves many supporting documents, paralegals may use computers to organize and index the material. Paralegals may also use computer software packages to perform tax computations and explore the consequences of possible tax strategies for clients.
Paralegals may have to consult with clients to gather relevant information for court cases.
Paralegals do most of their work at desks in offices and law libraries. Occasionally, they travel to gather information and perform other duties.
Paralegals employed by corporations and government work a standard 40-hour week. Although most paralegals work year round, some are temporarily employed during busy times of the year then released when work diminishes. Paralegals who work for law firms sometimes work very long hours when they are under pressure to meet deadlines. Some law firms reward such loyalty with bonuses and additional time off.
Paralegals handle many routine assignments, particularly when they are inexperienced. Some find that these assignments offer little challenge and become frustrated with their duties. However, paralegals usually assume more responsible and varied tasks as they gain experience. Furthermore, as new laws and judicial interpretations emerge, paralegals are exposed to many new legal problems that make their work more interesting and challenging.
Paralegals held about 95,000 jobs in 1992. Private law firms employed the vast majority; most of the remainder worked for various levels of government. Paralegals are found in nearly every Federal Government agency; the Departments of Justice, Treasury, Interior, and Health and Human Services, and the General Services Administration are the largest employers. State and local governments and publicly funded legal service projects employ paralegals as well. Banks, real estate development companies, and insurance companies also employ small numbers of paralegals.
There are several ways to enter the paralegal profession. Employers generally require formal paralegal training; several types of training programs are acceptable. However, some employers prefer to train their paralegals on the job, promoting experienced legal secretaries or hiring persons with college education but no legal experience. Other entrants have experience in a technical field that is useful to law firms, such as a background in tax preparation for tax and estate practice or nursing or health administration for personal injury practice.
Over 600 formal paralegal training programs are offered by 4-year colleges and universities, law schools, community and junior colleges, business schools, and proprietary schools. In 1993, 177 programs had been approved by the American Bar Association (ABA). Although this approval is neither required nor sought by many programs, graduation from an ABA-approved program can enhance one's employment opportunities. The requirements for admission to formal training programs vary widely. Some require some college courses or a bachelor's degree. Others accept high school graduates or persons with legal experience. A few schools require standardized tests and personal interviews.
Most paralegal programs are completed in 2 years, although some take as long as 4 years and award a bachelor's degree upon completion. Other programs take only a few months to complete, but require a bachelor's degree for admission. Programs typically include a combination of general courses on subjects such as the law and legal research techniques, and courses that cover specialized areas of the law, such as real estate, estate planning and probate, litigation, family law, contracts, and criminal law. Many employers prefer applicants with training in a specialized area of the law. Programs also increasingly include courses that introduce students to the legal applications of computers. Many paralegal training programs include an internship in which students gain practical experience by working for several months in a law office, corporate legal department, or government agency. Experience gained in internships is an asset when seeking a job after graduation. Depending on the program, graduates may receive a certificate, an associate degree, or, in some cases, a bachelor's degree.
The quality of paralegal training programs varies; the better programs generally emphasize job placement. Prospective students should examine the experiences of recent graduates of programs in which they are considering enrolling.
Paralegals need not be certified, but the National Association of Legal Assistants has established standards for voluntary certification which require various combinations of education and experience. Paralegals who meet these standards are eligible to take a 2-day examination given each year at several regional testing centers by the Certifying Board of Legal Assistants of the National Association of Legal Assistants. Persons who pass this examination may use the designation Certified Legal Assistant (CLA). This designation is a sign of competence in the field and may enhance employment and advancement opportunities.
Paralegals must be able to handle legal problems logically and effectively communicate, both orally and in writing, their findings and opinions to their supervising attorney. They must understand legal terminology and have good research and investigative skills. Familiarity with the operation and applications of computers in legal research and litigation support is increasingly important. Paralegals must always stay abreast of new developments in the law that affect their area of practice.
Because paralegals often deal with the public, they must be courteous and uphold the high ethical standards of the legal profession. A few States have established ethical guidelines that paralegals in the State must follow.
Experienced paralegals usually are given progressively more responsible duties and less supervision. In large law firms, corporate legal departments, and government agencies, experienced paralegals may supervise other paralegals and clerical staff and delegate work assigned by the attorneys. Advancement opportunities include promotion to managerial and other law-related positions within the firm or corporate legal department. However, some paralegals find it easier to move to another law firm when seeking increased responsibility or advancement.
Employment of paralegals is expected to grow much faster than the average for all occupations through the year 2005. Job opportunities are expected to expand as more employers become aware that paralegals are able to do many legal tasks for lower salaries than lawyers. Both law firms and other employers with legal staffs should continue to emphasize hiring paralegals so that the cost, availability, and efficiency of legal services can be improved.
New jobs created by rapid employment growth will create most of the job openings for paralegals in the future. Other job openings will arise as people leave the occupation. Although the number of job openings for paralegals is expected to increase significantly through the year 2005, so will the number of persons pursuing this career. Thus, keen competition for jobs should continue as the growing number of graduates from paralegal training programs keeps pace with employment growth. Still, job prospects are expected to be favorable for graduates of highly regarded formal programs.
Private law firms will continue to be the largest employers of paralegals as a growing population needs more legal services. The growth of prepaid legal plans also should contribute to the demand for the services of law firms. A growing array of other organizations, such as corporate legal departments, insurance companies, real estate and title insurance firms, and banks will also hire paralegals.
Job opportunities for paralegals will expand even in the public sector. Community legal service programs which provide assistance to the poor, the aged, minorities, and middle-income families operate on limited budgets and will employ more paralegals to keep expenses down and serve the most people. Federal, State, and local government agencies, consumer organizations, and the courts also should continue to hire paralegals in increasing numbers.
To a limited extent, paralegal jobs are affected by the business cycle. During recessions, demand declines for some discretionary legal services, such as planning estates, drafting wills, and handling real estate transactions. Corporations are less inclined to initiate litigation when falling sales and profits lead to fiscal belt tightening. As a result, full-time paralegals employed in offices adversely affected by a recession may be laid off or have their work hours reduced. On the other hand, during recessions, corporations and individuals are more likely to face other legal problems, such as bankruptcies, foreclosures, and divorces, that require legal assistance. Furthermore, the continuous emergence of new laws and judicial interpretations of existing laws creates new business for lawyers and paralegals without regard to the business cycle.
Earnings of paralegals vary greatly. Salaries depend on the education, training, and experience the paralegal brings to the job, the type and size of employer, and the geographic location of the job. Generally, paralegals who work for large law firms or in large metropolitan areas earn more than those who work for smaller firms or in less populated regions.
Paralegals had an average annual salary of about $28,300 in 1993, according to a utilization and compensation survey by the National Association of Legal Assistants. Starting salaries of paralegals averaged $23,400, while paralegals with from 6 to 10 years of experience averaged $28,200 a year. Salaries of paralegals with from 11 to 15 years of experience averaged $29,800 annually, according to the same survey. In addition to a salary, many paralegals received an annual bonus, which averaged $1,700 in 1993. Employers of the majority of paralegals provided life and health insurance benefits and contributed to a retirement plan on their behalf.
Paralegal Specialists hired by the Federal Government in 1993 started at about $18,000 or $23,000 a year, depending on their training and experience. The average annual salary of paralegals who worked for the Federal Government in 1993 was about $37,600.
Several other occupations also call for a specialized understanding of the law and the legal system but do not require the extensive training of a lawyer. Some of these are abstractors, claim examiners, compliance and enforcement inspectors, occupational safety and health workers, patent agents, police officers, and title examiners.
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Reprinted with Permission of U. S. Department of Labor