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Paralegal or Attorney - What's the Difference?
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 ruleParalegals 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.

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.

Becoming a paralegal professional isn't for everyone but if you love research, can work under a deadline, have good writing and organizational skills then take the first step down this rewarding and exciting career path by taking a careful look at the best Paralegal Schools in the country by using the resources we provide.

Paralegal Career Overview
The median average salary for a paralegal or legal assistant was $41,170 including bonuses in 2005. Because these positions are in high demand and because of their competitive nature, salaries are expected to increase yearly.

ParalegalSalaries usually depend on the kind of education and experience the paralegal has. The type and size of the employer and job location also affect the salary of a paralegal and legal assistant.

Employment for paralegals and legal assistants is projected to grow much faster than average over the next ten years.

Law firms are hiring more paralegals and legal assistants to free up lawyers time and many companies are creating internal legal departments to lower costs.

What are Paralegals and Legal Assistants?
If you are fascinated by the legal system or enjoy research, a well paying career as a paralegal or legal assistant may be a good choice for you. Paralegals do everything a lawyer does short of practicing law, setting legal fees, giving legal advice and presenting courses in court.

What do Paralegals and Legal Assistants Do?
Paralegals and legal assistant responsibilities will vary depending on the type of company they work for. Most work for law firms, corporate legal departments and government organizations. From the company level, areas of focus and specialties are broken down into a myriad of topics.

Duties of a paralegal or legal assistant include:
●  Assisting lawyers prepare for hearings, trials or corporate meetings
●  Fact checking and investigation
●  Researching case law
●  Writing case summaries
●  Preparation and organization of case research, notes and legal documents
●  Drafting legal documents like mortgages, contracts and instruments of trust

Nature of the Work
While lawyers assume ultimate responsibility for legal work, they often delegate many of their tasks to paralegals. In fact, paralegals, also called legal assistants, are continuing to assume a growing range of tasks in legal offices and perform many of the same tasks as lawyers.

Nevertheless, they are explicitly prohibited from carrying out duties considered to be the practice of law, such as setting legal fees, giving legal advice, and presenting cases in court.

One of a paralegal’s most important tasks is helping lawyers prepare for closings, hearings, trials, and corporate meetings. Paralegals might investigate the facts of cases and ensure that all relevant information is considered.

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.

If attorneys decide to file lawsuits on behalf of clients, paralegals may help prepare the legal arguments, draft pleadings and motions to be filed with the court, obtain affidavits, and assist attorneys during trials. Paralegals also organize and track files of all important case documents and make them available and easily accessible to attorneys.

In addition to this preparatory work, paralegals perform a number of other functions. For example, they help draft contracts, mortgages, and separation agreements. They also may assist in preparing tax returns, establishing trust funds, and planning estates.

Some paralegals coordinate the activities of other law office employees and maintain financial office records. Computer software packages and the Internet are used to search legal literature stored in computer databases and on CD-ROM. 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 to track hours billed to clients. Computer software packages also are used to perform tax computations and explore the consequences of various tax strategies for clients.

Paralegals are found in all types of organizations, but most are employed by law firms, corporate legal departments, and various government offices. 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.

Law LibraryAs the law becomes more complex, paralegals become more specialized. Within specialties, functions are often broken down further. For example, paralegals specializing in labor law may concentrate exclusively on employee benefits. In small and medium-size law firms, duties are often more general.

The tasks of paralegals differ widely according to the type of organization for which they work. A corporate paralegal often assists attorneys with employee contracts, shareholder agreements, stock-option plans and employee benefit plans.

They also may help prepare and file annual financial reports, maintain corporate minutes’ record resolutions, and prepare forms to secure loans for the corporation.

Corporate paralegals often monitor and review government regulations to ensure that the corporation is aware of new requirements and is operating within the law. Increasingly, experienced corporate paralegals or paralegal managers are assuming additional supervisory responsibilities such as overseeing team projects.

The duties of paralegals who work in the public sector usually vary by agency. In general, litigation paralegals 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.

Paralegals employed in community legal-service projects help the poor, the aged, and others who are in need of legal assistance. They file forms, conduct research, prepare documents, and, when authorized by law, may represent clients at administrative hearings.

Work Environment
Paralegals handle many routine assignments, particularly when they are inexperienced. As they gain experience, paralegals usually assume more varied tasks with additional responsibility. Paralegals do most of their work in offices and law libraries. Occasionally, they travel to gather information and perform other duties.

Paralegals employed by corporations and government usually work a standard 40-hour week. Although most paralegals work year round, some are temporarily employed during busy times of the year and then released. Paralegals who work for law firms sometimes work very long hours when under pressure to meet deadlines.

Training
Most entrants have an associate degree in paralegal studies, or a bachelor’s degree coupled with a certificate in paralegal studies. Some employers train paralegals on the job.

American FlagThere are several ways to become a paralegal. The most common is through a community college paralegal program that leads to an associate degree. Another common method of entry, mainly for those who already have a college degree, is earning a certificate in paralegal studies. A small number of schools offer a bachelor’s and master’s degree in paralegal studies. Finally, some employers train paralegals on the job.

Associate and bachelor’s degree programs usually combine paralegal training with courses in other academic subjects.

Certificate programs vary significantly, with some only taking a few months to complete. Most certificate programs provide intensive paralegal training for individuals who already hold college degrees.

About 1,000 colleges and universities, law schools, and proprietary schools offer formal paralegal training programs. Approximately 260 paralegal programs are approved by the American Bar Association (ABA). Although many employers do not require such approval, graduation from an ABA approved program can enhance employment opportunities.

Admission requirements vary. Some require certain college courses or a bachelor’s degree, while others accept high school graduates or those with legal experience. A few schools require standardized tests and personal interviews.

The quality of paralegal training programs varies; some programs may include job placement services. If possible, prospective students should examine the experiences of recent graduates before enrolling in a paralegal program. Any training program usually includes courses in legal research and the legal applications of computers.

Many paralegal training programs also offer an internship in which students gain practical experience by working for several months in a private law firm, the office of a public defender or attorney general, a corporate legal department, a legal aid organization, a bank, or a government agency. Internship experience is an asset when one is seeking a job after graduation.

Some employers train paralegals on the job, hiring college graduates with no legal experience or promoting experienced legal secretaries. Other entrants have experience in a technical field that is useful to law firms, such as a background in tax preparation or criminal justice. Nursing or health administration experience is valuable in personal injury law practices.

Certification
Although most employers do not require certification, earning a voluntary certification from a professional society may offer advantages in the labor market. The National Association of Legal Assistants (NALA), for example, has established standards for certification requiring various combinations of education and experience.

Law ContractParalegals who meet these standards are eligible to take a 2-day examination. Those who pass the exam may use the Certified Legal Assistant (CLA) or Certified Paralegal (CP) credential. The NALA also offers the Advanced Paralegal Certification for experienced paralegals who want to specialize.

The Advanced Paralegal Certification program is a curriculum based program offered on the Internet. The American Alliance of Paralegals, Inc. offers the American Alliance Certified Paralegal (AACP) credential, a voluntary certification program.

Paralegals seeking the AACP certification must possess at least five years of paralegal experience and meet one of the three educational criteria. Certification must be renewed every two years, including the completion 18 hours of continuing education.

In addition, the National Federation of Paralegal Association offers the Registered Paralegal (RP) designation to paralegals with a bachelor’s degree and at least 2 years of experience who pass an exam. To maintain the credential, workers must complete 12 hours of continuing education every 2 years. The National Association for Legal Professionals offers the Professional Paralegal (PP) certification to those who pass a four part exam. Recertification requires 75 hours of continuing education.

Paralegals must be able to document and present their findings and opinions to their supervising attorney. They need to understand legal terminology and have good research and investigative skills. Familiarity with the operation and applications of computers in legal research and litigation support also is important. Paralegals should stay informed of new developments in the laws that affect their area of practice. Participation in continuing legal education seminars allows paralegals to maintain and expand their knowledge of the law.

In fact, all paralegals in California must complete 4 hours of mandatory continuing education in either general law or in a specialized area of law. Because paralegals frequently deal with the public, they should be courteous and uphold the ethical standards of the legal profession. The National Association of Legal Assistants, the National Federation of Paralegal Associations and a few States have established ethical guidelines for paralegals to follow.

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