Paralegals - Top Organizations You Need To Know
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The legal world could never function without professional paralegals working as assistants to attorneys. They provide invaluable assistance with tasks like research, drafting documents, fact-checking legal cases, shuffling files in and out of law firms and courtrooms, preparing for trials and depositions, time management and billing services. Paralegals work on behalf of lawyers in all areas of the country but are not allowed to practice law themselves (without going through the process outlined by state licensing requirements).
There are a few types of paralegals:
Paralegals may perform other tasks as well, such as setting up contracts, assisting in negotiations and organizing motions.
An attorney who is not a licensed lawyer cannot be a paralegal. Paralegals must use the services of an attorney to practice law in most states.
In some states, paralegals may work under the supervision of a supervising attorney or "co-counsel". Other states have relaxed their rules on paralegals working in solo legal practices and/or supervising their own clients.
In most states, paralegals work under the supervision of an attorney or other licensed professional, who will give them a license and supervise their practice. A few states allow paralegals to practice law without supervision and in many cases, without a license.
Paralegals typically must pass a state-specific examination to be licensed as an attorney in that state. However, paralegals must request authorization from their supervisor to sit for the examination and register with the state bar commission before they may begin testing for licensure. In some states where there is an approved exam offered, paralegals may already be qualified to practice law and not need to take the exam based on individual education and experience requirements.
Depending on the state and the rules and restrictions that invariably accompany such, paralegals may have their own license to practice law, be required to work under an attorney, or both. In general, no matter where paralegals are practicing law and who is supervising them, the most common scenario in which supervising an attorney is required by law remains when they function as co-counsel with a lawyer.
Paralegals need specific licenses in order to legally represent clients in court. They must abide by all laws as well as regulations set forth by their state bar associations. Their licenses must be renewed every year to ensure they are in compliance with all laws and requirements as well as continuing to meet all state requirements. They must submit to the bar commission a detailed background check form and send copies of their license, updated policies and procedures, and other relevant documents such as those that prove they have earned a degree or degree equivalent. Bar associations then send the information to the state's attorney general's office which verifies if the paralegal is in compliance with all laws and codes in terms of supervision, education, fees charged by paralegals, as well as liability limitations.
State licenses vary in how long it takes for a paralegal to become licensed depending on the state. It can take months or years. Certain states have specific education requirements that the paralegal must meet in order to be pre-approved or registered to take the state licensing examination. In some states, paralegals must earn a four-year degree before seeking their license. Paralegals should contact their state bar associations as well as their supervising attorney for requirements and regulations set forth by their state of practice.
Paralegals who serve clients with federal cases involving civil rights and discrimination may need to complete additional education and training to be able to represent those clients in certain areas of law. This is due to the complexity of these types of laws and cases that stem from them. Also in the realm of civil rights, paralegals must have a certain amount of training and education. Paralegals who work in this area must carry more insurance for themselves and their clients.
Paralegals that practice law must abide by state and federal laws, regulations and professional conduct standards. Paralegals can help attorneys with their cases or they may be hired on a one-time basis to perform services such as research, preparation of briefs, drafting motions or memoranda, scheduling hearings, etc. They often work on a contingent fee basis – meaning the paralegal makes money (up to a set fee) based on the amount of work that is completed and how much time is spent on each project. This can lead to disputes regarding the billing of time. Paralegals must have a background check and be registered with their state bar association.
There is no national certification that paralegals must complete in order to work as one. However, there are several professional organizations that provide advanced paralegal training and continuing education for those who are already licensed. These organizations include the National Association for Legal Assistants, into which individual state associations are subdivided, and the International Society of Barristers & Solicitors Paralegal Association, which is a national organization that provides training in many areas of law through its many regional chapters across North America.
Paralegals are hired to assist attorneys in all areas of the practice of law. Paralegals perform a wide range of duties such as research, writing and review, editing, preparing briefs and pleadings, attending hearings, courtroom management, hardcopy and microfiche transcription, preparation of trial exhibits and evidence lists. Their work is often closer to that of an attorney than a clerk. There is some variation across jurisdictions about the distinction paralegals can make in the work they do for their attorney.
The duties that paralegals perform are not set in stone. They must learn how to handle each situation as it develops, just as they do with attorneys. Paralegals can be involved in a wide variety of work such as civil and criminal court matters, family law and child support, estate planning and probate cases, consumer law, employment issues, real estate and commercial transactions. In some jurisdictions there are specialized divisions within the courts for paralegals that perform legal research for attorneys involved in these fields of law.
Paralegals often have to collaborate with other professionals such as secretaries, nurses, doctors and social workers who are working alongside the attorney.
Conclusion of Retired Paralegal
In some jurisdictions paralegals do not have to be registered when they begin assisting attorneys in court. In other jurisdictions, such registration is required as part of the process of obtaining a license or license renewal. In order to comply with laws and regulations paralegals must be registered with their state bar association at least 60 days prior to commencing work as a paralegal. In some jurisdictions there are limitations on the amount of time that a paralegal can assist without going through a registration process.
http://www.paralegalbureau.org/resources/library/files/state_certification_regulations_5-5-11.