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This page . . . |
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Provides general information about the
paralegal career field.
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NALA Headquarters
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National Association
of Legal Assistants
1516 S. Boston
Suite 200
Tulsa, OK 74119
918-587-6828
fax: 918-582-6772
E-mail:
nalanet@nala.org
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sponsored by:
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Legal assistants and paralegals are individuals who assist lawyers in the
delivery of legal services. Legal assistants and paralegals cannot give
legal advice to consumers of legal services. Legal advice may only be
relied upon if given by an attorney. All states require attorneys to be
licensed and most have statutes imposing penalties for the unauthorized
practice of law. The following definition was adopted by the NALA
membership in 1986.
Definition: Legal assistants, also known as paralegals, are a
distinguishable group of persons who assist attorneys in the delivery of
legal services. Through formal education, training and experience, legal
assistants have knowledge and expertise regarding the legal system and
substantive and procedural law which qualify them to do work of a legal
nature under the supervision of an attorney.
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In recognition of
the similarity of the definitions and the need for one clear
definition, in July 2001, the NALA membership approved a resolution to
adopt the definition of the American Bar Association as well. The ABA
definition reads as follows:
A legal assistant or paralegal is a
person qualified by education, training or work experience who is
employed or retained by a lawyer, law office, corporation,
governmental agency or other entity who performs specifically
delegated substantive legal work for which a lawyer is responsible.
(Adopted by the ABA in 1997)
According to the U.S. Bureau of Labor Statistics,
employment for paralegals and legal assistants is projected to grow
much faster than the average for all occupations through 2014.
 
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What do legal assistants do?
The legal assistant concept began to develop in the
late 1960's when law firms and individual
practitioners sought ways to improve the efficient
and cost effective delivery of legal services. Other
factors entered into the development of the legal
assistant field including the growing volume of work
due to increased public awareness of legal remedies.
The terms legal assistant and paralegal are used
interchangeably, much like the terms attorney and
lawyer. The practice of law is regulated by each of
the 50 states. In all states, legal
assistants/paralegals are prohibited from practicing
law without a license. For a detailed description of
these terms, refer to the article:
"Summary of
Definitions of Terms 'Paralegal' and 'Legal
Assistant.'
A legal assistant/paralegal cannot give legal
advice, represent a client in court, set a fee, or
accept a case, which functions are generally
considered the practice of law. Working under the
supervision of an attorney, the legal assistant's
work product is merged with and becomes part of the
attorney work product. In communications with
clients and the public, the legal assistant' s
non-lawyer status must be clear. A legal assistant
may perform any function delegated by an attorney,
including but not limited to the following:
Conduct client interviews and maintain general
contact with the client, so long as the client is
aware of the status and function of the legal
assistant, and the legal assistant works under the
supervision of the attorney.
Locate and interview witnesses.
Conduct investigations and statistical and
documentary research.
Conduct legal research.
Draft legal documents, correspondence and pleadings.
Summarize depositions, interrogatories and
testimony.
Attend executions of wills, real estate closings,
depositions, court or administrative hearings and
trials with the attorney.
Author and sign correspondence provided the legal
assistant status is clearly indicated and the
correspondence does not contain independent legal
opinions or legal advice.
Professionally, a paralegal's time for substantive
legal work (as opposed to clerical or administrative
work) is billed to clients much the same way as an
attorney's time, but at a lower hourly rate.
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NALA's study of the professional
responsibility and ethical considerations of legal assistants is
ongoing. This research led to the development of the
. This guide
summarizes case law, guidelines and ethical opinions of the various
states affecting legal assistants. It provides an outline of minimum
qualifications and standards necessary for legal assistant professionals
to assure the public and the legal profession that they are, indeed,
qualified. The following is a listing of the standards and guidelines.
A legal assistant should meet
certain minimum qualifications. The following standards may be used to
determine an individual's qualifications as a legal assistant:
- Successful completion of the
Certified Legal Assistant certifying (CLA) examination of the
National Association of Legal Assistants;
- Graduation from an ABA approved
program of study for legal assistants;
- Graduation from a course of study
for legal assistants which is institutionally accredited but not
ABA approved, and which requires not less than the equivalent of
60 semester hours of classroom study;
- Graduation from a course of study
for legal assistants, other than those set forth in (2) and (3)
above, plus not less than six months of in-house training as a
legal assistant.
- A baccalaureate degree in any
field, plus not less than six months in-house training as a legal
assistant;
- A minimum of three years of
law-related experience under the supervision of an attorney,
including at least six months of in-house training as a legal
assistant; or
- Two years of in-house training as
a legal assistant.
For purposes of these Standards,
"in-house training as a legal assistant" means attorney
education of the employee concerning legal assistant duties and these
Guidelines. In addition to review and analysis of assignments the
legal assistant should receive a reasonable amount of instruction
directly related to the duties and obligations of the legal assistant.
In addition, NALA members and Certified Legal Assistants
Paralegals (CLA CP)
are bound by the
.
Violation of this Code may result in suspension of NALA membership, or
suspension of the certification credential.
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Today, there is an estimate of 600 paralegal education programs in the
United States. Paralegal education programs are offered in many
formats and lengths. Various kinds of public and private institutions
offer paralegal education, including community colleges, four-year
colleges and universities, business colleges and proprietary
institutions. These various institutions make it possible for persons
with diverse backgrounds to enter the profession.
The most common types of programs are:
Associate Degree Programs. These programs are offered by
two-year community colleges, some four-year colleges and universities,
and some business schools. Upon successful completion of 60-70
semester units, a student earns an associate degree. The curriculum
usually consists of approximately 1/2 paralegal courses and a 1/2
courses in general education and related areas. In selecting a
program, prospective student should consider whether they might
continue their education to earn a four-year degree at another college
and, if so, should investigate the transferability of courses in the
programs they are considering.
Bachelor Degree Programs. Paralegal education is also offered
by four-year colleges and universities which have a paralegal studies
major, minor, or concentration within a major. These programs are
usually about 120 - 130 semester units, including 30-60 semester units
in paralegal and related courses. Upon successful completion of the
program, the student is awarded a baccalaureate degree.
Certificate Programs. Various kinds of educational institutions
offer paralegal certificate programs ranging from 18-60 semester
units. Longer programs usually include both general education and
paralegal courses, similar to associate degree programs. Certificate
programs are usually designed for students who already hold an
associate or baccalaureate degree.
Master's Degree Programs. A few colleges and universities that
offer undergraduate paralegal degree programs are now offering an
advanced degree in paralegal studies. Other universities offer
advanced degree programs and law-related areas such as legal
administration and legal studies.
The American Bar Association has a program of approving legal
assistant training programs which meet their guidelines. Seeking ABA
approval is voluntary on the part of the institution. There are some
quality programs that have chosen not to seek approval. However, the
ABA guidelines are useful in evaluating a program. For further
information about the ABA guidelines, contact the American Bar
Association, Standing Committee on Paralegals, 321 N.
Clark Street, Chicago, IL 60654-7598.
The web site of the
American Association for Paralegal Education may also offer some
helpful information for you including a roster of member institutions,
and a
which was adopted by the AAfPE membership in October of 1997.
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The legal assistant profession is
projected to grow by 33% during the
first 10 years of 2000, according to
the Bureau of Labor Statistics,
Office of Employment Projections.
Compared with other occupations,
this is an above average growth
rate.
Private law firms are the largest
employers of paralegals, but a
growing number of other
organizations are beginning and
continuing to hire them. These
organizations include corporate
legal departments, insurance
companies, real estate and title
insurance firms, and banks. See the
link in the left sidebar to an
article from the Bureau of Labor
Statistics, Occupational Outlook
Handbook for more details.
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