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Paralegal Career or Attorney -
What's the Difference?
Shelby Ryan
Paralegals are not
attorneys but what's the difference? Well, the biggest difference is
the attorney's law degree that grants them permission to practice
law which a paralegal cannot. However, paralegals do perform a
number of functions that attorneys used to do and this article will
give you a brief overview of those duties.
While paralegals
(also called Legal Assistants) are limited to certain duties within
a law firm, you would be surprised to learn how many things they
really do perform. Below are just a few.
A few of most
notable duties paralegals perform are legal research, document
preparation and writing. The reason why paralegals are doing more
and more of this type of work is cost. Although paralegals do make a
good living they certainly don't make the type of money an attorney
does and so it's becoming increasingly popular for law firms to hire
them to the so-called legwork type activities that make up a large
part of many cases. This lowers costs for the firms and thus allows
them to charge clients less and it also frees up an attorneys time
to more of the legal work and spend time with clients.
Paralegals may also take over as a case supervisor to help keep
legal fees more affordable and thus they can work with more clients.
Of course, some may argue that if a paralegal is doing all this work
it must be less effective or be of a lower quality than if an
attorney were to do it but that's simply not the case. Everything
prepared by a paralegal is checked by the attorney and in reality
most paralegals will do a far better job at the tasks they are
assigned than the attorneys themselves.
Duties a Paralegal
Cannot Perform One of biggest activities a paralegal cannot do is
give legal advice - only a licensed attorney can do that. Another
activity paralegals cannot perform is one-on-one development of the
attorney-client relationship. If you think about It makes sense
because the attorney-client relationship is just that - a
relationship between the attorney and client it's not a relationship
between the paralegal or legal assistant and the client.
Only
an attorney can attest their name to legal documents on behalf of
the client and therefore a paralegal cannot sign any legal documents
on behalf of a client. Another duty that cannot be performed by a
legal assistant is the representation of a client in court. Frankly,
many paralegals could probably do a nice job it's simply not legal
and so they can't do it. And last but not least, a paralegal does
not and cannot set up the legal fees and they also cannot collect
any legal fees - only an attorney can do that.
Uniformity has
yet to be reached throughout all 50 states as far as qualifications
and certification guidelines. Presently, the states allow the hiring
attorney to judge an individual's qualifications since that attorney
will be the one to sign-off on the paralegals work. Of course, the
level of clerical, legal and research experience required to be
hired varies by law firm but in general, if you are a certified
paralegal you should have the qualifications that most law firms are
looking for.
The paralegal profession is growing by leaps and
bounds and by all indications it will continue to do so for the
foreseeable future and so if a paralegal career is something that
you feel you might be interested in you need to take it upon
yourself to take action and get trained.
Even if you are
currently working, there are plenty of opportunities to take
paralegal courses at a local community college, specialty school or
online. There are also different paralegal degree options. Some
people go for a 2 year certificate while others choose to earn a
paralegal degree as a part of a 4 year degree. The training is out
there but it's up to you to do the research and determine what
option if best for you. |