Sunday, May 14, 2017

What does a Paralegal do?

     There's a lot of misunderstanding about paralegals. I get asked all sorts of questions, and that's okay. The paralegal profession is relatively new and technically still in its infancy stage, as such each state has it's own definitions of what paralegals are. Back in the '70s and '80s, lawyers became pretty overwhelmed with case loads they needed help with all the research and writing court cases need. In today's courts there are so many lawsuits filed that back up the system that only something like 25% actually end up going to court. (that number may actually be smaller)
     Lawyers asked their assistants to help them do research, writing briefs and motions and filing the documents with the court. Paralegals assist the lawyers by doing the above, and this frees up the lawyer's time to see clients and present cases in court. Lawyers go to school for many years to be able to practice law and are officers of he court. Paralegals either by experience or education are able to assist lawyers in firms. We are not practitioners of law, and can not act as a lawyer by giving advice or advocating for in court.
     Other countries do allow Paralegals to perform duties as a lawyer but not here in the US. In Arizona as a paralegal I can act independently in some functions (like writing wills, preparing bankruptcies, divorce preparation packets and sale/lease agreements as well as a few others) but we can not offer legal advice. If you ask me for advice, I can show you various laws and forms but I will tell you to seek a lawyer.
   
    A friend once told me that paralegals do the work that lawyers get paid for, and while this is true- there's a reason for that. If there comes a malpractice suit against the case I'm working on, the worst thing that can happen to me is I get fired, and some restitution paid. But with the same malpractice suit my supervising attorney can lose his license, be disbarred an have to pay way more in restitution. Their name is on the case, not mine. I assist them because they have an in depth knowledge of the finer workings of the law.

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