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- 316
- Paralegals
-
- (D.O.T. 119.267-022 and -026)
-
- Nature of the Work
-
- 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.
-
- Working Conditions
-
- 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.
-
- Employment
-
- 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.
-
- Training, Other Qualifications, and Advancement
-
- 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.
-
- Job Outlook
-
- 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
-
- 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.
-
- Related Occupations
-
- 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.
-
- Sources of Additional Information
-
- General information on a career as a paralegal and a list of
- paralegal training programs approved by the American Bar Association
- may be purchased for $5 from:
-
- Standing Committee on Legal Assistants, American Bar Association,
- 750 North Lake Shore Dr., Chicago, IL 60611.
-
- For information on certification of paralegals, schools that offer
- training programs in a specific State, and standards and guidelines
- for paralegals, contact:
-
- National Association of Legal Assistants, Inc., 1601 South Main St.,
- Suite 300, Tulsa, OK 74119.
-
- Information on a career as a paralegal, schools that offer training
- programs, and local paralegal associations can be obtained from:
-
- National Federation of Paralegal Associations, P.O. Box 33108,
- Kansas City, MO 64114.
-
- Information on paralegal training programs may be obtained from:
-
- American Association for Paralegal Education, P.O. Box 40244,
- Overland Park, KS 66204.
-