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Nature
of the Work
While lawyers assume ultimate
responsibility
for legal work,
they
often delegate many
of their tasks to paralegals. In fact,
paralegals—also called legal assistants—continue to
assume a growing
range of tasks in the Nation’s legal offices and perform many
of the
same tasks as lawyers. Nevertheless, they are still explicitly
prohibited from carrying out duties which are considered to be the
practice of law, such as setting legal fees, giving legal advice, and
presenting cases in court.
Find
the right online paralegal
program or campus near you.
One of a
paralegal’s most important
tasks is helping lawyers prepare for closings, hearings, trials, and
corporate meetings. Paralegals investigate the facts of cases and
ensure that all relevant information is considered. They also identify
appropriate laws, judicial decisions, legal articles, and other
materials that are relevant to assigned cases. After they analyze and
organize the information, paralegals may prepare written reports that
attorneys use in determining how cases should be handled. Should
attorneys decide to file lawsuits on behalf of clients, paralegals may
help prepare the legal arguments, draft pleadings and motions to be
filed with the court, obtain affidavits, and assist attorneys during
trials. Paralegals also organize and track files of all important case
documents and make them available and easily accessible to attorneys.
In
addition to this preparatory work, paralegals also perform a number of
other vital functions. For example, they help draft contracts,
mortgages, separation agreements, and trust instruments. They also may
assist in preparing tax returns and planning estates. Some paralegals
coordinate the activities of other law office employees and maintain
financial office records. Various additional tasks may differ,
depending on the employer.
Paralegals are found in
all types of
organizations, but most are employed by law firms, corporate legal
departments, and various government offices. In these organizations,
they can work in many different areas of the law, including litigation,
personal injury, corporate law, criminal law, employee benefits,
intellectual property, labor law, bankruptcy, immigration, family law,
and real estate. As the law has become more complex, paralegals have
responded by becoming more specialized. Within specialties, functions
often are broken down further so that paralegals may deal with a
specific area. For example, paralegals specializing in labor law may
deal exclusively with employee benefits.
The duties
of
paralegals also differ widely based on the type of organization in
which they are employed. Paralegals who work for corporations often
assist attorneys with employee contracts, shareholder agreements,
stock-option plans, and employee benefit plans. They also may help
prepare and file annual financial reports, maintain corporate minute
books and record resolutions, and prepare forms to secure loans for the
corporation. Paralegals often monitor and review government regulations
to ensure that the corporation is aware of new requirements and it
operates within the law.
The duties of paralegals
who work in
the public sector usually vary within each agency. In general, they
analyze legal material for internal use, maintain reference files,
conduct research for attorneys, and collect and analyze evidence for
agency hearings. They may then prepare informative or explanatory
material on laws, 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 others in need of
legal assistance. They file forms, conduct research, prepare documents,
and when authorized by law, may represent clients at administrative
hearings.
Paralegals in small and medium-sized law
firms
usually perform a variety of duties that require a general knowledge of
the law. For example, they may research judicial decisions on improper
police arrests or help prepare a mortgage contract. Paralegals employed
by large law firms, government agencies, and corporations, however, are
more likely to specialize in one aspect of the law.
Computer
use and technical knowledge has become essential to paralegal work.
Computer software packages and the Internet are increasingly used to
search legal literature stored in computer databases and on CD-ROM. In
litigation involving many supporting documents, paralegals may use
computer databases to retrieve, organize, and index various materials.
Imaging software allows paralegals to scan documents directly into a
database, while billing programs help them to track hours billed to
clients. Computer software packages also may be used to perform tax
computations and explore the consequences of possible tax strategies
for clients.
Working Conditions
Paralegals employed by corporations and government
usually
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 the workload 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.
These workers handle many
routine
assignments, particularly when they are inexperienced. As they gain
experience, paralegals usually assume more varied tasks with additional
responsibility. Paralegals do most of their work at desks in offices
and law libraries. Occasionally, they travel to gather information and
perform other duties.
Employment
Paralegals and legal assistants held about 200,000
jobs in
2002.
Private law firms employed 7 out of 10 paralegals and legal assistants;
most of the remainder worked for corporate legal departments and
various levels of government. Within the Federal Government, the U.S.
Department of Justice is the largest employer, followed by the Social
Security Administration and the U.S. Department of Treasury. A small
number of paralegals own their own businesses and work as freelance
legal assistants, contracting their services to attorneys or corporate
legal departments.
Training, Other Qualifications, and
Advancement
There are several ways to become a paralegal. The
most common
is
through a community college paralegal program that leads to an
associate’s degree. The other common method of entry, mainly
for those
who have a college degree, is through a certification program that
leads to a certification in paralegal studies. A small number of
schools also offer bachelor’s and master’s degrees
in paralegal
studies. Some employers train paralegals on the job, hiring college
graduates with no legal experience or promoting experienced legal
secretaries. 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, criminal justice, or nursing or health
administration for personal injury practice.
Formal
paralegal
training programs are offered by an estimated 600 colleges and
universities, law schools, and proprietary schools. Approximately 250
paralegal programs are 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 these programs vary.
Some require certain college courses or a bachelor’s degree;
others
accept high school graduates or those with legal experience; and a few
schools require standardized tests and personal interviews.
Paralegal
programs include 2-year associate’s degree programs, 4-year
bachelor’s
degree programs, and certificate programs that can take only a few
months to complete. Most certificate programs provide intensive
paralegal training for individuals who already hold college degrees,
while associate’s and bachelor’s degree programs
usually combine
paralegal training with courses in other academic subjects. The quality
of paralegal training programs varies; the better programs usually
include job placement. Programs increasingly include courses
introducing students to the legal applications of computers, including
how to perform legal research using the Internet. Many paralegal
training programs include an internship in which students gain
practical experience by working for several months in a private law
firm, office of a public defender or attorney general, bank, corporate
legal department, legal-aid organization, or government agency.
Experience gained in internships is an asset when seeking a job after
graduation. Prospective students should examine the experiences of
recent graduates before enrolling in those programs.
Although
most employers do not require certification, earning a voluntary
certificate from a professional society may offer advantages in the
labor market. The National Association of Legal Assistants, for
example, has established standards for certification requiring various
combinations of education and experience. Paralegals who meet these
standards are eligible to take a 2-day examination, given three times
each year at several regional testing centers. Those who pass this
examination may use the designation Certified Legal Assistant (CLA). In
addition, the Paralegal Advanced Competency Exam, established in 1996
and administered through the National Federation of Paralegal
Associations, offers professional recognition to paralegals with a
bachelor’s degree and at least 2 years of experience. Those
who pass
this examination may use the designation Registered Paralegal (RP).
Paralegals
must be able to document and present their findings and opinions to
their supervising attorney. They need to understand legal terminology
and have good research and investigative skills. Familiarity with the
operation and applications of computers in legal research and
litigation support also is increasingly important. Paralegals should
stay informed of new developments in the laws that affect their area of
practice. Participation in continuing legal education seminars allows
paralegals to maintain and expand their legal knowledge.
Because
paralegals frequently deal with the public, they should be courteous
and uphold the ethical standards of the legal profession. The National
Association of Legal Assistants, the National Federation of Paralegal
Associations, and a few States have established ethical guidelines for
paralegals to follow.
Paralegals usually are given
more
responsibilities and less supervision as they gain work experience.
Experienced paralegals who work in large law firms, corporate legal
departments, and government agencies may supervise and delegate
assignments to other paralegals and clerical staff. Advancement
opportunities also 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.
Job Outlook
Paralegals and legal assistants are projected to
grow faster
than the average
for all occupations through 2012. Some employment growth stems from law
firms and other employers with legal staffs increasingly hiring
paralegals to lower the cost and increase the availability and
efficiency of legal services. The majority of job openings for
paralegals in the future will be new jobs created by employment growth,
but additional job openings will arise as people leave the occupation.
Despite projections of fast employment growth, competition for jobs
should continue as many people seek to go into this profession;
however, highly skilled, formally trained paralegals have excellent
employment potential.
Private law firms will
continue to be the
largest employers of paralegals, but a growing array of other
organizations, such as corporate legal departments, insurance
companies, real estate and title insurance firms, and banks hire
paralegals. Corporations, in particular, are boosting their in-house
legal departments to cut costs. Demand for paralegals also is expected
to grow as an increasing population requires legal services, especially
in areas such as intellectual property, healthcare, international,
elder issues, criminal, and environmental law. The growth of prepaid
legal plans also should contribute to the demand for legal services.
Paralegal employment is expected to increase as organizations presently
employing paralegals assign them a growing range of tasks, and as
paralegals are increasingly employed in small and medium-sized
establishments. A growing number of experienced paralegals are expected
to establish their own businesses.
Job
opportunities for
paralegals will expand in the public sector as well. Community
legal-service programs, which provide assistance to the poor, aged,
minorities, and middle-income families, will employ additional
paralegals to minimize expenses 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 certain
types of 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 problems that require legal
assistance, such as bankruptcies, foreclosures, and divorces.
Paralegals, who provide many of the same legal services as lawyers at a
lower cost, tend to fare relatively better in difficult economic
conditions.
Earnings
Earnings of paralegals and legal assistants vary
greatly.
Salaries
depend on education, training, experience, type and size of employer,
and geographic location of the job. In general, 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. In addition to a
salary, many paralegals receive bonuses. In 2002, full-time, wage and
salary paralegals and legal assistants had median annual earnings,
including bonuses of $37,950. The middle 50 percent earned between
$30,020 and $48,760. The top 10 percent earned more than $61,150, while
the bottom 10 percent earned less than $24,470. Median annual earnings
in the industries employing the largest numbers of paralegals in 2002
were as follows:
| Federal
government |
$53,770
|
| Legal services |
36,780 |
| Local government |
36,030 |
| State government |
34,750 |
Related
Occupations
Several other occupations call
for a specialized understanding of
the law and the legal system, but do not require the extensive training
of a lawyer. These include law clerks; title examiners, abstractors,
and searchers; claims adjusters, appraisers, examiners, and
investigators; and occupational health and safety specialists and
technicians.
Source: BLS
Paralegal
Schools
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