Today’s Professional Paralegal CHAPTER 1 Today’s Professional Paralegal

Introduction Be prepared to be part of an exciting and growing profession As the profession has grown, the average paralegal salary has increased Supplement what you learn in the classroom by talking and networking with paralegals in various professional environments Whom you know can sometimes be as important as what you know

What Is a Paralegal? Definition of Paralegal Qualified by Education Training Work experience Employed or retained by Lawyer Law office Corporation Governmental agency Learning Objective: What a paralegal is.

What Is a Paralegal? Definition of Paralegal (continued) Substantive legal work Major organizations American Bar Association (ABA) National Association of Legal Assistants (NALA) National Federation of Paralegal Associations (NFPA) American Association for Paralegal Education (AAfPE) Learning Objective: The names of the professional associations of paralegals.

What Is a Paralegal? Expanding Roles Perform many functions that traditionally were performed by attorneys Work falls somewhere between that of an attorney and that of a legal secretary Perform substantive legal work Trained to perform through education, experience, or (usually) both

What Do Paralegals Do? A Sampling of Paralegal Tasks Conduct client interviews and maintain contact with clients Locate and interview witnesses Conduct legal investigations Calendar and track important deadlines Organize and maintain client files Conduct legal research Learning Objective: The major tasks para perform.

What Do Paralegals Do? A Sampling of Paralegal Tasks (continued) Draft legal documents File legal documents with courts Summarize witness testimony Coordinate litigation proceedings Attend legal proceedings Use computers and technology

What Do Paralegals Do? Paralegals’ Duties Vary Most of the time Size of office Kind of law that the firm practices Amount of experience or expertise that the paralegal has Most of the time Drafting legal documents Handling client relations Conducting legal research

What Do Paralegals Do? Paralegals and Technology Specialized legal software programs Time and billing software Online legal databases Litigation support software Computer skills and technical knowledge is highly valued One of foremost areas of expanding paralegal responsibility Increased marketability

Paralegal Education Model Employee Come prepared Expect the unexpected Be ethical without exception Know where and how to find the answers Be mindful of cost

Paralegal Education Model Employee (continued) Use a variety of sources Check, check, and double-check Stay current with trends in a field  Pay attention to the details of mechanics and citation

Start Today Career Advice from William McSorley Map out a strategy for your future. Educate yourself on the paralegal career path and do a self-assessment. In school, get good grades, get to know your program director and instructors, start making a list of contacts, and get working on a quality résumé. Join a local paralegal organization in the second semester.

Start Today (continued) Career Advice from William McSorley Work on securing an internship or doing volunteer work at a law office or other legal environment during your third semester. Check out your college’s career services resources and discuss your résumé, interviewing skills, and placement opportunities with them. In the fourth semester, make the final push to get that job you’ve worked so hard to obtain!

Paralegal Education Currently more than 1,000 paralegal training programs operating in the United States Educational Options Two-year community college programs Four-year bachelor’s degree programs Certificate programs Postgraduate certificate programs Master’s degree programs Learning Objective: The education and training available to paralegals.

Paralegal Education Curriculum—A Blend of Substantive and Procedural Law Substantive law Defines Describes Regulates Creates legal rights and obligations Cont.

Paralegal Education Curriculum—A Blend of Substantive and Procedural Law Procedural law Establishes methods of enforcing rights What documents need to be filed When the documents should be filed Which court will hear the case Which witnesses will be called

Paralegal Education The Role of the AAfPE and ABA in Paralegal Education AAfPE Promote high standards for paralegal education Develop standards and curriculum ABA Established a set of educational standards for paralegal training programs ABA approval is a voluntary process

Paralegal Education Certification Formal recognition by a professional group or state agency Must pass an examination and meet certain requirements NALA, NFPA, NALS, AAPI, or state certification process No state requires paralegals to be certified Voluntary certificate offers an advantage in the labor market Learning Objective: Whether paralegals must be certified or licensed.

Paralegal Education NALA and NFPA Certification Certified Legal Assistant (CLA) Certified Paralegal (CP) Advanced Paralegal Certification (APC) Registered Paralegal (RP)

Paralegal Education Certification by Other Paralegal Organizations Basic certification exam (ALS) Advanced certification exam (PLS) Professional Paralegal (PP) certification exam State Certification Voluntary State specific

Paralegal Education Continuing Legal Education Supplemental formal education Continuing legal education (CLE) programs Seminars and workshops NALA and NFPA Require annual CLE courses Maintain certification status

Paralegal Skills and Attributes Demands on paralegals have increased Professional Efficient Specific legal knowledge Exhibit certain aptitudes Possess certain personality traits Think logically Analyze complex issues of law and conflicting descriptions of fact Learning Objective: Key skills and attributes of the professional paralegal.

Paralegal Skills and Attributes Analytical Skills Gather and analyze data Break down complex theories and fact patterns Legal analysis Factual investigation Trial preparation Legal research and writing Analytical reasoning

Paralegal Skills and Attributes Communication Skills Effective legal representation depends on communication with clients, witnesses, judges, juries, opposing attorneys, and others Reading skills Speaking skills Interpersonal skills Writing sSkills

Paralegal Skills and Attributes Computer Skills Computer skills are essential Document creation Data-entry skills Use sophisticated software Database-management systems Adapt to new technology Social media tools Become as knowledgeable as possible about online communications during training

Paralegal Skills and Attributes Organizational Skills Learn and practice organizational skills Organize files, data, time Create procedures and checklists Keep things running smoothly Opportunities as a paralegal student Organize notebooks Devise tracking system for homework assignments Create a study or work schedule Many books offer guidelines

Paralegal Skills and Attributes The Ability to Keep Information Confidential Mandatory Ethically and legally obligated Cannot divulge information to anyone outside group Spouse Family members Closest friends Responsible and reliable

Paralegal Skills and Attributes Professionalism Behave professionally at all times Be responsible and reliable Put aside any personal bias or emotion Be honest and assertive Appearance, attitude, and other factors

Paralegal Skills and Attributes Professionalism (continued) Be courteous and respectful during interruptions When under pressure Remain calm, detail-oriented, and accurate Focus on completing task quickly and accurately

The Future of the Profession Dynamic, changing, and expanding field Growing range of duties Perform many of the same tasks as lawyers Between 2008 and 2018 Positions will have increased by 28 percent Broader range of career options than ever before Formally trained and skilled paralegals will have excellent employment potential

Summary The terms paralegal and legal assistant mean the same to some people Paralegals perform many of the tasks traditionally handled by attorneys Paralegals spend the bulk of their time performing document management, client relations, and research Paralegals skilled in using technologies to assist them in performing their duties will excel in the profession

Summary Higher education and paralegal education programs have become increasingly important in the growth and development of the profession The demands on paralegals to be professional and efficient have increased The role of paralegals in law continues to grow as the providers of legal services have learned the effectiveness of qualified nonattorney professionals