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Legal Assistants and Paralegals
- A Closer Look
Scott Knutson
One of the most
important tasks legal assistants and paralegals perform is to assist
lawyers as they prepare for corporate meetings, closings, trials and
hearings. Although the lawyers take ownership for the legal work,
they will often delegate many tasks to legal assistants and
paralegals. As a result, they continue to take on a growing range of
tasks inside the nation's legal offices and perform many of tasks
traditional done by lawyers.
On the other hand, they are
still strictly prohibited from performing any duty that is
considered to be the "practice of law" - such as setting legal fees,
giving legal advice, and presenting cases in court. Legal Assistants
and paralegals also do much of leg work like verifying and looking
into the facts of cases to ensure that all points are thoroughly
covered. They also identify appropriate laws, judicial decisions,
legal articles and other materials that are relevant to assigned
cases.
After they analyze and organize the information,
paralegals may prepare written reports that attorneys use in
determining how cases should be handled. Should the decision be made
to file a lawsuit, a paralegal may then be given the responsibility
to help prepare the legal arguments, draft pleadings and motions to
be filed with the court, obtain affidavits and assist the attorneys
during trial. Paralegals also organize and track files of thee all
important case documents and make them available and easily
accessible to the attorneys.
In addition to preparatory work,
legal assistants and paralegals also perform a number of other vital
functions. For example, they help draft contracts, mortgages,
separation agreements and instruments of trust. In addition, may
assist in preparing tax returns or estate planning. Some may even be
given the responsibility to coordinate the activities of other law
office employees and maintain financial office records. Of course,
additional tasks differ, depending on the employer.
Legal
Assistants and paralegals are found in all types of organizations,
but most are employed by law firms (about 70%), corporate legal
departments and various government offices make up most of the
remaining 30%. In these organizations, they can work in many
different areas of the law, including litigation, personal injury,
corporate law, criminal law, employee benefits, intellectual
property, labor law, bankruptcy, immigration, family law, and real
estate.
As the law has become more complex, legal assistants
and paralegals have responded, like many professions, by becoming
more specialized. And within specialties, functions are often broken
down even further so that legal assistants and paralegals may deal
with a specific area. For example, legal assistants and paralegals
specializing in labor law may concentrate exclusively on employee
benefits.
The duties of legal assistants and paralegals also
differ widely with the type of organization in which they are
employed. Those who work for corporations often assist attorneys
with employee contracts, shareholder agreements, stock-option plans
and employee benefit plans. They may also help prepare and file
annual financial reports, maintain corporate minutes' record
resolutions and prepare forms to secure loans for the corporation.
Legal Assistants and paralegals often monitor and review government
regulations to ensure that the corporation is aware of any new
requirements and to ensure they are operating within the law. In
addition, an ever increasing number of experienced paralegals are
taking on additional supervisory responsibilities like monitoring
team projects and serving as a communications link between the team
and the corporation.
The duties of legal assistants and
paralegals, working in the public sector varies between agencies.
However, as a general rule, they analyze legal material for internal
use, maintain reference files, conduct research for attorneys and
collect and analyze evidence for agency hearings. They may prepare
informative or explanatory material on laws, agency regulations, and
agency policy for general use by the agency and the public. Legal
Assistants and paralegals employed in community legal-service
projects help the poor, the aged and those in need of legal
assistance by filing forms, conducting research, preparing documents
and when authorized by law, representing clients at administrative
hearings.
Legal Assistants and paralegals in small to
medium-sized law firms usually perform a variety of duties that
require a general knowledge of the law. For example, they may
research judicial decisions on improper police arrests or help
prepare a mortgage contract. On the other hand, those employed by
larger law firms, government agencies or corporations are more
likely to specialize in one aspect of the law.
Being computer
literate has also become an essential skill of legal Assistants and
paralegals. Using the internet to search legal literature and
extracting vital information stored in computer databases and on
CD-ROM is also an important skill set. In litigation involving many
supporting documents, paralegals usually use computer databases to
retrieve, organize and index various materials. Imaging software
allows paralegals to scan documents directly into a database, while
billing programs help them track hours billed to clients. Various
software packages are also used to perform tax computations and
explore different scenarios of various tax strategies for clients.
As you can see becoming a Legal Assistants and paralegals profession
is an exciting and ever-demanding field that requires a wide range
of skills and knowledge. If you're looking for a career, not just a
job and you have the willingness to push yourself then this field is
ripe for the picking.
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