paralegal is an individual, a qualification based on education, training or work experience, employed or retained by a lawyer, law office, company, government agency or other entity and who performs a special substantive legal work delegated in which a the lawyer is responsible. However, this definition varies depending on the jurisdiction; in Ontario, Canada, the paralegal is an independent legal practitioner, licensed by the Law Society of Ontario to provide legal services to community members. Paralegals licensed in Ontario can manage their own law firms. They are employed as city and provincial prosecutors and can be appointed as peace judges.
Paralegals are people who are trained in legal matters that perform tasks that require knowledge of legal and legal procedures. Paralegals are not lawyers but can be employed by law firms or freelance work in companies or law offices. Paralegals are not allowed to offer legal services directly to the public themselves and must perform their legal work under a lawyer or law firm (except in Ontario Canada). Many paralegals have their own companies and are called Legal Agents, providing services such as settlement, court filing, legal research and other legal services. These tasks often have instructions from an attorney attached. Other tasks may simply be the title of the task to be performed without instructions on how it should be resolved. Often the legal entity that instructs depends on paralegal expertise in terms of how compliance must be fulfilled in completing the task.
In the US paralegals are protected under the theory that paralegals work as a lawyer enhancement and what it does is because the instructions by lawyers and lawyers are ultimately responsible. Paralegals often take a series of courses specified in law and legal proceedings. Paralegals can analyze and summarize deposition, prepare and answer interrogatories, organize procedural movements and other routine summaries, conduct legal research and analysis, create research records, and carry out case and project management. Paralegals often handle a lot of paperwork in cases of probate, divorce, bankruptcy, and investigation. Consumer legal services are usually billed for the time paralegals spent on their case.
The definition of paralegals varies by country. In the United States, they are not permitted by governments or other institutions to offer legal services (including legal advice) in the same way as lawyers, nor court officials, or they are usually subject to governmental sanctions or approved rules of conduct. In contrast, in Ontario, Canada, paralegals are licensed and regulated in the same manner as lawyers. In Ontario, licensed paralegals provide legal services that are publicly permitted and appear before lower court and administrative courts.
Video Paralegal
Definisi resmi
Various professional organizations offer an official definition of paralegals. These definitions usually have little difference.
- From the National Federation of Paralegal Associations (NFPA) [AS]: "A paralegal is a person, qualified through education, training or work experience to undertake substantive legal work that requires knowledge of legal concepts and customs, but not exclusively, by an attorney, this person may be detained or employed by an attorney, legal office, governmental body or other body or may be authorized by an administrative, judicial or judicial authority to do this work Substantive means work that requires recognition, evaluation , organization, analysis, and communication of relevant facts and legal concepts. "
- From the National Association of Legal Assistants (NALA) [US]: "Legal assistants (also known as paralegals) are groups of distinguished people who assist lawyers in providing legal services through formal education, training and experience, knowledge and expertise regarding the legal and substantive legal and procedural systems that make them eligible to do legal work under the supervision of a lawyer. "This is the 1984 NALA definition. In 2001, the organization adopted the American Bar Association (ABA) definition of paralegal/legal assistant.
- From the National Association of Legal Secretaries (NALS) [AS]: "Legal assistant/paralegal is a person, qualified by education, training or work experience employed or retained by lawyers, law offices, corporations, government agencies or entities others and who perform special substantive legal work delegated for which a lawyer is responsible. "
- From the American Association of Paralegal Education (AAfPE) [US]: "Paralegals perform substantive and procedural legal work as permitted by law, working, without paralegals, will be conducted by lawyers Paralegals have knowledge of laws gained through education , or education and work experience, which makes them eligible for legal work Paralegals adhere to recognized ethical standards and rules of professional responsibility. "
- From the Institute of Paralegals [United Kingdom]: "a paralegal is a non-lawyer who does legal work previously done by a lawyer, or if done by a lawyer, will be charged."
- From the Paralegal Society of Ontario [Canada]: "Paralegals are qualified individuals through education or licensed experience to provide legal services to the general public in areas authorized by the Law Society of Upper Canada."
- From the National Association of Licensed Paralegals [United Kingdom]: "A person who is trained and trained to perform legal duties but not a lawyer or qualified lawyer."
Maps Paralegal
Difference between paralegal and secretary
The Secretary of Law is generally a secretary who has a basic understanding of legal terminology and the specific formatting required by a particular court or government agency. The legal secretary is also usually responsible for keeping the case files organized and indexed, often taking on the tasks of the archivist. Although legal secretaries can be trained to prepare some basic documents and letters, they generally have little or no knowledge of certain legal doctrines, laws or regulations, and usually have no training or experience in conducting legal research or preparing legal documents, , movements, brief reports or other court documents. On the other hand, a typical paralegal in the United States can perform all these tasks under a lawyer or attorney's office. Paralegals bill for their time at a higher rate than the legal secretary.
Education, training and certification
Most paralegals have completed formal paralegal education programs. However, some paralegals have only paralegal training in the workplace. A formal paralegal education program can produce an associate's degree, bachelor's degree, master's degree, or paralegal certificate. Many paralegals have completed all their training before entering the profession, while others have completed their education while working up from the mailroom at a law firm. Many paralegals take Advanced Legal Education courses (CLE) to meet the requirements of their company, country or association.
Economy
The phenomenon of paralegals is a legal-economic argument in all jurisdictions - they exist precisely because they are not lawyers and thus can do a much cheaper job. In addition to expertise, the main constraint on what paralegals can do or can not tend to be the local rules that stoke (ie gives monopoly to) certain activities to lawyers. Each jurisdiction tends to have a "quiet list of activities" on its own.
Under United States law, there are five specific actions that only a licensed attorney can do:
- Form attorney-client relationship
- Provide legal advice
- Sign legal documents and advocacy on behalf of a party
- Appears in court on behalf of another person (ie client)
- Set and collect fees for legal services
Beyond these five actions, paralegals can perform virtually any other task, including legal research, legal writing, factual investigation, exhibition preparation, and day-to-day case management tasks. The key is that lawyers are fully responsible for their paralegal actions, and, by signing and filing court documents compiled by paralegals (or law clerks), lawyers make the documents their own.
Trends in paralegals usage
In the United States, the need for an accredited qualification and bar license limits the number of licensed lawyers. At the same time, there are many legal duties where bar licenses are not required but some legal training is helpful. To lower costs, a business may choose to hire a paralegal to do the job than a more expensive lawyer. Paralegals of time are usually charged only a fraction of what the lawyer demands, and thus to paralegals have fallen overly complicated substantive and procedural tasks for the legal secretary (whose time is not billed) but whose lawyers can no longer charge. This in turn makes lawyers more efficient by allowing them to concentrate solely on substantive legal matters of the case, while paralegals have become "case managers."
The rapidly increasing demand of paralegal professionals has led to schools and colleges serving such education popping up everywhere. It has been found through a survey that currently 50,000 students enrolled in paralegal education programs. The American Association of Paralegal Education (AAPE) alone has more than 450 members; 260 of them are ABA-approved. Seminars and events are organized by various agencies to help broaden the knowledge base of paralegal service providers and their associated interests. Although the nation is experiencing a recession, the paralegal profession continues to grow. Law firms and legal departments cut costs and increased access to legal services by employing paralegals.
The British Empire has been one step ahead. Much legal work by lawyers for poorer elements of society is legally aided, or paid for by the state. As the overall cost has increased as more people have been involved with the law, the government has reduced the legal aid. As a result, the job becomes uneconomical for many people and they have stopped doing it. The paralegal adviser company is stepping up to fill this void.
Increased use of paralegals has slowed the increase in legal service fees and serving in several small sizes (in combination with contingency and insurance costs) to keep legal service costs within regular population reach. However, a commentator has warned that "our profession makes a serious mistake if using a legal assistant only as an economic tool."
Paralegal Medical Consultant
Some lawyers who practice in areas involving medical care have only limited knowledge of the concepts and terminology of health and medical care. Therefore, the Medical Law Consultant who is a professional physician, paramedic, nurse, and respiratory therapist, has been fully trained as a paralegal in the manner described above and helps behind the scenes in these cases, in addition to serving as an expert witness of the time to time.
Paralegals by country
Australia
Australia has a different regime for the use of paralegals. According to one scholar paralegal studies:
The monopoly of the legal profession in Australia, however, is limited to the right of appearance in court and for the preparation of certain documents for prizes, which leave a wide field of legal duty open to performance by other workers, including paralegals.
In addition, Australian paralegals have "little formal recognition, or status given" them, but they "require specialist education."
Canada
In Canada, paralegals (except in Ontario) are generally trained assistants who assist lawyers, and work under the supervision of lawyers. Paralegals are not regulated by law (except in Ontario) and not professionals in their own right. Some provinces (such as British Columbia) allow lawyers to designate certain paralegals to provide additional services to clients. However, the lawyer remains solely responsible for all acts or omissions of the designated paralegals.
Ontario
In Ontario, the paralegal is licensed by the Law Society of Ontario. Ontario is the only jurisdiction in the western hemisphere where paralegal is licensed and its profession is regulated as a court clerk. Licensed paralegals operate within the scope of established practices, representing clients in matters such as provincial violations (traffic tickets, etc.), immigration, owner & amp; tenant disputes, labor law, small claims court (under $ 25,000), and special criminal matters. They are not currently allowed to represent clients in family courts or wills and estate crops. Based on their office, licensed paralegals are the commissioners to take written statements (oath).
In the Ontario province paralegals are bodies set out in the legal system. Paralegal becomes a commissioner of the license, and may become a notary non-lawyer, Crown prosecutor, city attorney or peace justice if appointed.
Ontario has recently become the first jurisdiction in North America to provide independent paralegal licenses. This task will be the responsibility of the Law Society of Ontario (founded in 1797), which already regulates Ontario's 40,000 or more lawyers. Prospective paralegals must complete an accredited education program and complete the licensing exam. The public will also be responsible for disciplining paralegals that do not comply with the rules of professional conduct, known as the Paralegal Code of Conduct.
In Ontario, as of December 2017, licensed paralegals are now supported and recognized as court officials.
The Law Society began issuing the first paralegal license to the grandparent applicant who fulfilled all necessary licensing requirements (including insurance) in April 2008. Paralegals that provide legal services to the public should bring professional liability insurance in accordance with Act 6, Part II , section 12 (1). The licensee must provide written proof of their compliance with this requirement to bring compulsory insurance before they start providing legal services, as well as annually. Paralegal services may be provided through sole proprietorships, partnerships or professional companies. Licenses are strongly encouraged to seek professional advice on the best business structure for their particular situation. Paralegal licenses allow paralegals to independently represent clients in provincial violation courts, convicted criminal courts, small claims courts and administrative courts such as the Ontario Financial Services Commission or Workplace Safety and Insurance Council. The role that paralegals have in the United States is similar to the role of law officers or legal assistants in Ontario. Many paralegals in Ontario work in the areas of practice that are allowed for paralegals and also work with lawyers in practice who are only allowed to be practiced by lawyers. It is illegal for paralegals in Ontario to independently practice in law only allowed for lawyers. An example of this is family law, or a violation that can be charged in criminal law.
All lawyers and paralegals who practice law and provide legal services in Ontario are required to complete the CPD program. Continuing professional development (CPD) is the maintenance and upgrading of professional knowledge, skills, attitudes, and professionalism of lawyers or paralegals throughout an individual's career. It is a positive tool that benefits lawyers and paralegals and is an important component of the commitment they make to the public to practice law or provide legal services competently and ethically.
Japanese
In Japan, the jurisdictional institutions ( ???? , shih? Shoshi ) exists, and works similarly to paralegals. Scriveners do legal work, above the secretarial level but below the level of lawyers, and may be attached to law firms or operate independently. Scriveners can represent clients in some low-level issues, but not in a more advanced litigation phase. As well as lawyers in Japan, regulatory experts are regulated and must pass the test.
South Africa
In South Africa, legal or paralegal assistants must have extensive knowledge of law and the administration of justice. Their tasks may include: connecting with clients from their employers to assist in solving legal problems, legal research, preparing cases for courts and dealing with the public. The program is uniquely designed to provide a comprehensive overview of all aspects of paralegal specialization and understanding of the rights of individuals and the rights of others. Paralegals offer the use and application of skills and competencies related to Criminal Law and Procedures, Civil Litigation, Testament and Plantation, Dispute Settlement, Legal Counsel, Property Law and Information Submission and Practice Management Office of Law and Debt Collection/Collection.
Paralegals in South Africa are mostly employed by South African Legal Aid, large corporations, Patent law firms, law firms, estate agents, Government Departments, etc. To provide legal support to the business world. Legal support may be through legal research, investigation/inspector, legal advice, or legal assistance. Certification can be obtained at: Tshwane University of Technology National Diploma in Legal Aid/Paralegal, University Of Johanesburg Diploma of Paralegal, UNISA National Diploma in Law, South African Paralegal School, Intec College Diploma in Paralegal, Qualification Law School of South Africa at Paralegal, Damelin College Paralegal, Paralegal Certificate Campus Boston City. Salaries range from R60,000 to R450,000 per year depending on the experience. The newly established law firm in South Africa is likely to employ qualified Paralegals with a 3-year qualification in Legal Studies to provide Legal assistance. Although the South African Law Society and the Justice Ministry want to come up with rules to guide paralegals in South Africa such as Canada and the US, many lawyers and lawyers who practice disagree in many instances, but the new law is pending.
South Korea
In South Korea the same system with Japan exists, and is known as beopmusa (Hangul: ??? , Hanja: ??? ).
United Kingdom
England and Wales
The original concept of paralegal in England began with the Paralegal Association in the mid-1980s (now the National Association of Licensed Paralegals). But the oldest established professional body for paralegals in the UK that sets competency standards for paralegals and legal secretaries, issues legal qualifications, and endorses, represents and promotes paralegals is the Institute Of Paralegal.
Both the Association and the Institute have a similar role in recognizing and registering Paralegals but not always agreeing to all principles of practice.
However, recently paralegals have begun to be seen as more than just qualified lawyers' assistants. They are now a group of emerging legal professionals, and increasingly different.
Due to the lack of metrics, it is unclear exactly how many paralegals are in the UK. The Office for National Statistics and the Standard Job Classification list estimates that there are currently 76,000 skilled legal professional partners. A study published in 2014 by the Institute for Public Policy Research (IPPR) estimates that this figure will grow by 17% within the next decade. In addition, it is estimated that there are now nearly 4,000 government-registered/paralegal advisory firms offering services previously offered only by lawyers. This is because most of the legal work in Britain is regulated and therefore nothing stops anyone. from opening their own paralegal law firm.
Since the term 'paralegal' is not protected as the term 'lawyer', anyone can call himself a paralegal without any qualification or registration. Professional bodies lobby for this to change and the term 'paralegal' becomes a protected title.
Paralegals in England and Wales can only offer limited legal advice, as others may, with the following exceptions being strictly prohibited:
- Conducting activities designated for lawyers under the Actic Act of 1974;
- Perform an immigration work if it is not registered with the Office of the Immigration Services Commission;
- Perform certain types of claims/work related to compensation if not registered with the Ministry of Justice.
In the United Kingdom, the 1974 Act Act establishes certain activities for lawyers. In general, these include:
- Prepare and save documents relating to transport or land loading. Since it was revoked and is now also performed by the Licensed Licensor
- Conducting probate law.
- Conduct litigation (except in small claims court).
Paralegals technically have very limited rights to conduct litigation/audience rights before a court/tribunal. In practice, many appear in court and in particular courts at all levels as assistants.
Paralegals also act as Police Station Representatives if they are accredited, giving general advice to clients held in police custody.
Scotland
Scotland has separate legal jurisdiction from other parts of the United Kingdom. The term "paralegal" began to be used since the 1980s. There are always individuals who do legal work but do not qualify as lawyers but they will have other titles such as 'legal assistant'. From the early 1990s the term "paralegal" became more common. In 1993 the Scottish Paralegal Association was founded. It is a volunteer body that is tasked to promote the interests of paralegals in Scotland. From 1991, the Scottish academy began offering paralegal qualifications, awarded by the Scottish Qualifying Authority, the Higher National Diploma and Certificate in Legal Services. They are offered by the Central College of Commerce, Stevenson College, and Dundee College. As a result of the efforts of the Scottish Paralegal Association and especially its president Christine Lambie, in 2010, the Law Society of Scotland, the professional body of lawyers, instituted the scheme of Scottish Law Society Registered Paralegal. This is a voluntary scheme that provides professional status for high quality paralegals. About 400 paralegals, especially those who come through the ranks of law firms, join the scheme. From 2010, the Scottish Qualification Authority and Stirling University offer qualifications for individuals wishing to enter the Registered Paralegal profession. Paralegals qualify in certain legal domains, for example, Domestic Transport; and Wills & amp; Executries. In 2017 the name of the scheme is changed to the scheme of Law Society of Scotland Accredited Paralegal.
Masyarakat profesional
The largest number of paralegals in Britain is represented by the Chartered Institute of Legal Executives (CILEx). Unlike other paralegal bodies CILEx is an Approved Regulator, which means that all of its members are independently regulated for the common good and must comply with the code of ethics, including all its paralegals. CILEx is also the only body that provides paralegals with limited development paths to lawyer status.
CILEx provides non-University routes for qualifications as unqualified lawyers, with the majority of its members studying at work and working as paralegals. It is open to those with or without a law degree, and allows paralegals to progress until they become fully qualified lawyers, partners, advocates, coroners and judges, subject to the attainment of the right level of qualifications, skills and experience.
Since 1994 City and Guilds, in collaboration with CILEx, have offered nationally and internationally recognized qualifications for paralegals and legal secretaries in the UK, which have been taken by more than 20,000 people. They offer Level 2 Award/Certificate/Diploma in Legal Studies qualification. It provides a supportive knowledge that will assist in daily work and will also allow development into the CILEx route to become a lawyer. Qualifications are divided into units and assessed by multiple assignment and test options. A Level 3 Diploma in Paralegal Vocational Studies qualification is also available, and this is equivalent to A-level standards. Qualifications are divided into units and again, assessed by assignment. Qualifications are also recognized by CILEx as a route into their membership value.
The Institute of Paralegals (IOP) arranges the Route to Qualification: a nationally recognized career path for professional paralegals. They also set and manage Competency Standards for paralegals and legal secretaries. The Institute of Paralegals (IOP) are:
- paralegal representative bodies incorporated in the United Kingdom whose application to institute status is supported by the Bar Council, Legal Institutions, Crown Prosecution Services and Citizens Advice
- the only professional paralegal body that relies on state funding to help develop the paralegal profession
- the organization that issued the Paralegal Code of Conduct
- LawCare members
- an organization that publishes Competence Standards for the paralegal profession (compiled with the help of law firms and (in part) by Her Registry Land of the Embassy and examined for professional conduct requirements by the Regulatory Authority Authority)
- an organization that runs a paralegal career path - Routes leading to Qualification. R2Q transforms work into a career, and work becomes a profession. This is supported by a number of local law communities, university law schools, law firms and others
NALP (National Association of Paralegal licensed) is a granting body for paralegal qualifications, recognized as a granting organization by Ofqual, a qualifying regulator in England and Wales. NALP offers standalone arrangements and Licenses for paralegals in the UK & amp; Wales. NALP's goal is to raise the profile of paralegals in the UK and has dedicated itself to promoting paralegal status and paralegal training in the UK and abroad. NALP offers affordable training and access qualifications at all levels. NALP is not a non-profit company limited by warranties.
There are various levels of certification and membership according to the level of training, qualifications and experience. To become a Licensed Paralegal a person must possess an acceptable qualification in law, for example, a Diploma of Associations in Paralegal Studies, ILEX, Law Degree or HND (plus qualification of procedural law) or other qualifications deemed appropriate, and which may satisfy others defined criteria by the Association namely: knowledge, competence, dedication, character requirements and continuous professional development.
The mission of NALPs is to re-establish and enhance its position as a leading professional organization serving career paralegals not only in the legal profession but also in commerce, industry and the private and public sectors and will strive to ensure proper recognition of its members. as an integral part of the legal profession by qualifying qualities, professional development and standards of conduct and regulatory powers set for its members. It will encourage, promote and develop the role and practice of paralegals and represent the best interests of its members.
The Institute of Paralegals (IOP) is a professional body established for paralegals in the UK. Nonprofit organizations, they set competency standards for paralegals and legal secretaries, issue legal qualifications, and support, represent and promote paralegals. The National Association of Licensed Paralegals (NALP) was established in 1987 and is a professional self-regulatory body for accredited paralegals. Access to the profession can be with a law degree or without. Those who have graduated may take The Post Graduate Diploma in Paralegal Practice (PPC) (similar to LPC for solicitors). Those who have no previous qualification may undertake a Diploma in Paralegal Studies. NALP is a gift agency administered by OFQUAL and is also a member of the National Paralegal Federation Association (based in the US).
As a nonprofit professional body established with guarantees, they were formed in 2003. They were granted institute status by the British government in 2005, with the support, among others, The Law Society of England & Wales, Bar Council, Citizens Advice and Crown Prosecution Service all recognize the need for paralegal development to have a representative body.
TIO offers: Registered Paralegals, Paralegal Certified and Qualified Paralegal Determination and believe this is not a 'license to practice' as a paralegal. Country TIO: "There is no such 'licensing scheme' operating in England and Wales.Whoever implies otherwise (ie that you need to do certain courses to qualify) is misinterpreting the position.You become a paralegal just by getting a job as a paralegal, the majority paralegals still do not have formal legal qualifications, paralegals requiring only prior permission before practice are paralegal law firms or practitioner paralegal sole who are under the authority of the Department of Justice or the Office of the Immigration Service Commissioner. "
The National Association of Licensed Paralegals works to increase recognition for paralegals and has done so for nearly 24 years, having introduced qualifications and standards and self-regulation to the profession and recognized by The Law Society of England as a professional body for paralegals in the UK & Wales.
Salary
In the UK paralegal salaries in law firms can range from about Ã, Â £ 15,000 in some rural or suburban areas but can reach as high as Ã, Â £ 60 - Ã, Â £ 80,000 for the most senior in large city companies and some PLCs. Paralegals A can also work as a freelance offering their services to lawyers performing duties such as helping Counsel in court and taking notes in court and presenting applications to District Judges in the rooms. They can be paid at a daily or hourly rate that earns up to Ã, Â £ 60 - Ã, Â £ 260 per day.
United States
In the United States, paralegals originate as assistant lawyers at a time when only lawyers offer legal services. In jurisdictions where the local/judicial legal profession is involved in paralegal recognition/accreditation, the paralegal profession basically refers to those who work under the direct supervision of a lawyer. The profession of paralegals varies greatly among states, as some countries do require paralegals to be licensed. But in other jurisdictions, like the UK, the lack of legal oversight/legal profession means that the definition of paralegal includes non-lawyers who do legal work, regardless of who they do it. Although most jurisdictions recognize paralegals to a greater or lesser extent, there is no international consistency for definitions, job roles, status, terms and conditions of employment, training, regulation or otherwise and thus each jurisdiction must be viewed individually.
In the United States, there is no such thing as licensed paralegal by government agencies; Conversely, paralegals can be "registered," "certified," or certified by private organizations.
There are two major national organizations offering professional certification for paralegals that meet voluntary regulatory standards: the National Association of Legal Assistants (NALA) established in 1976 and the National Federation of Paralegal Association (NFPA) established in 1996.
Both NALA and NFPA offer professional certification exams that should not be equated with paralegal certificates offered by accredited colleges or universities.
NALA offers Certified Legal Assistant or Paralegal Certified examination, a comprehensive two-day examination covering the following subjects: Communications, Ethics, Legal Research, Judgment and Analytical Abilities, American Law Systems and four sub-sections selected by the applicant from a list of nine fields substantive law. This sub-section test covers general knowledge about the following areas of practice: Administrative Law, Bankruptcy, Business Organizations, Civil Litigation, Contracts, Law and Criminal Procedures, Plantations, Planning and Probate, Family Law and Real Estate. Upon successful completion of the examination, NALA rewards paralegals "CLA" (Certified Legal Assistant) or "CP" (Certified Paralegal). Both "CLA" and "CP" designations are trademarks of NALA. Paralegals who have received further education and received a paralegal certificate are referred to as "Certified" unless they have passed the exam and have been awarded the "Certified" designation. In addition, those paralegals who received the designation of "Paralegal Certified" then have the opportunity to obtain "Advanced Certified Paralegal" designation. There is a graduation rate of 45 to 50 percent for people taking the NALA exam.
The NFPA offers a non-accredited Paralegal Advanced Competency Exam, which is a four-hour exam on various legal topics; those who pass the exam can call themselves Paralegal registered PACE and display the designation of "RP". The NFPA's core goal is to advance the paralegal profession and commit to the Professional Code of Conduct.
Some countries have considered paralegal licenses. Whether paralegals must be licensed or certified is one of the most important issues for today's paralegals.
The difference between paralegals and lawyers
The biggest difference between lawyers and paralegals is that lawyers provide legal advice, can charge fees, appear as advisers of records in court, and sign defenses (and other court documents) in a representative capacity. Paralegals attempting to perform any of these actions will violate the unlawful practice of statutory provisions in most U.S. states. Paralegals are responsible for handling tasks such as legal writing, research, and other forms of documentation for lawyers for whom they work.
Paralegals are restricted from the exercise of independence and are prohibited from providing basic legal advice to consumers of legal advice. In his book, Access to Justice Stanford professor Deborah Rhode stated: "Over four-fifths of lawyers surveyed have supported the prosecution of lay practitioners, and this profession has repeatedly blocked licensing proposals that would allow independent paralegals. to offer routine services. Many local, state and national bar associations have recently launched initiatives to expand definitions, raise penalties, and increase enforcement of unlawful practices. "
In some areas, legal document assistants actually advertise themselves as paralegals. Many states, including Florida, have enacted laws or bar rules that require a person to refer himself as a paralegal to work under the supervision of a licensed lawyer. This rule would prohibit people who work as "independent paralegals" using the title "paralegal".
Payroll
In the United States, in May 2012, the average annual salary for paralegals was US $ 46,990. Paralegals working for the US federal government average about $ 65,000 per year while state and local paralegals earn about $ 45,000 to $ 50,000.
History
Paralegals have been used in the United States for nearly 50 years. A Los Angeles law firm uses paralegals to prepare Plantation Planning Documents like Will and Trust that began in 1969.
Paralegal Day
Some state governments have set "Paralegal Day", which is not the same day everywhere. especially New York governor David Paterson, Michigan governor Jennifer M. Granholm, South Carolina, Idaho Governor James E. Risch and the Texas Legislature have set Paralegal Day in their respective states. California, Connecticut, Ohio, and Utah also have Paralegal Day.
Paralegal Services or Document Preparers
There are various services available to the general public depending on the country of residence. These companies have been known as Paralegal Services until they are asked to change their name. These companies are now commonly known to the general public as Compilers of Court Documents or Court Form Providers. The State of Florida has many companies preparing court documents on issues such as Divorce, Bankruptcy, Father, Human Rights, Modification of Child Support, Name Change, Testament, Power of Attorney, Deed of Rejection, etc. If you do not have the ability to correct your situation because of the high cost fees of any attorney, Court Document Preparer can save you thousands of dollars. Compilers of such documents, however, often come under the supervision of various state bar organizations by stepping over the preparation of basic documents and engaging in what could be considered "illegal legal practices." Preparation of such documents is cost-effective for those who really want to represent themselves in legal matters, but want to pay someone to make the necessary documents. If the problem arises in a legal case, however, the person hiring the paralegal service needs to understand that there is usually no legal liability on the part of the paralegal service and that the agency can not be sued for legal malpractice. Again, the philosophy is that the person utilizing the service represents itself in all legal issues and only hires a document maker.
California
In California, under the Business Code and Profession Ã,§ 6450, paralegals must have at least one of the following:
- Paralegal certificate approved by ABA.
- A paralegal program completion certificate at, or a degree from, a postsecondary institution that requires successful completion of at least 24 semesters, or equivalent, a unit in a law-related program and which is accredited by a national or regional accreditation organization or approved by the Bureau for Private Posts and Vocational Education.
- A bachelor's degree or advanced degree in any field and at least one year of experience undertaking legal duties under the supervision of a lawyer with at least three years of legal experience in California alone. The lawyer must sign a written statement stating the paralegal is eligible to perform legal duties.
- Prior to December 31, 2003, he completed a secondary school diploma or general equality diploma and a minimum of three years of legal experience under the supervision of a lawyer with at least three years of legal experience in California alone. The lawyer must sign a written statement stating the paralegal is eligible to perform legal duties.
Until the Code of Business and Profession Ã,§Ã, 6450 was signed into law by Governor Gray Davis in 2000, there were few paralegal rules in California. One of the objectives of the Regulations under the Business Code and Profession Ã,§ 6450 is to close paralegals that provide legal self-help services to consumers. There are relatively few consumer complaints against paralegals; Instead most complaints come from lawyers who are urging California State Bar to oversee unauthorized legal practice (UPL).
In response, the State Bar appoints the Public Protection Committee to see L.A.'s claim. Then, "in 1988, the Committee on Public Protection unanimously recommended that the California legislature completely abolish UPL laws of the country furthermore concluded that independent paralegals should be allowed to provide all types of legal services as long as they are registered with state institutions and disclose the status non-lawyers to all the customers. "After many local bar associations reacted with dismay," The California Bar then appointed a third group (Commission of Legal Technicians) to review this issue.The Commission largely agreed with the conclusions of its predecessors and recommended that non- lawyers are authorized by the California Supreme Court to provide legal services in some key areas (bankruptcy, family, immigration, and master-tenants), under the terms of a licensing scheme to be overseen by an independent state institution. "
This development culminated in some paralegals who were forced to submit title paralegals to the Legal Document Assistant (LDA) to administer legal services directly to the public in areas permitted under California Bus & amp; Prof. Code Ã,§Ã, 6400. Paralegals who are members of professional associations are also bound by an association code of conduct, many of which include the prescribing section that members do not offer legal services directly to the public without the supervision of lawyers or law firms..
Paralegals in popular culture
Unlike nurses and physician assistants, paralegals do not capture popular imagination and are rarely seen or mentioned in fictional or non-fiction legal television programs, or in legal fiction in the print media. But there are exceptions.
The most famous is probably Erin Brockovich, a real legal officer whose participation in the case of a toxic lawsuit becomes a big movie. In the Eagle Eye film (2008), starring Shia LaBeouf and Michelle Monaghan, Monaghan plays a single mother working as a paralegal.
Another notable exception is the Della Street character, from Perry Mason's novel, television and Perry Mason series . Although Mason identified Della as my "secretary", the projects he was assigned were consistent with the legal office work performed by experienced paralegals.
Allison DuBois, the main character in Medium played by Patricia Arquette, is in training to become a paralegal in addition to her consulting work with the Phoenix, Arizona District Attorney office.
John Grisham included many paralegals in his novels; for example, Rudy Baylor (main character in The Rainmaker) worked briefly as a paralegal - and his partner Deck Shifflet later became Rudy's paralegal when he started his own law firm. (Though he calls himself a 'paralawyer')
Harvey Birdman: Lawyer at Law , esoteric cartoon comedy, featuring paralegals in the form of Avenger, Harvey Birdman's eagle, usually seen managing files, preparing and presenting documents to lawyers, and composing letters to clients. Avenger will usually accompany charisma, but is often unprepared, Birdman goes to court, and whispers information and case suggestions to his ear. Although she does not know English, she is by far the most competent employee of Sebben & amp; Sebben.
FX's The Riches where Doug Rich, a swindler played by Eddie Izzard, impersonates a cruel real estate developer. Rich Leg's lack of knowledge is often compensated by Aubrey McDonald, a highly skilled paralegal who is set to help guide uneducated anti-heroes through more than a few difficult situations.
The USA Network "suit" featured a young paralegal named Rachel, played by Meghan Markle, who greatly helped a young lawyer with various studies and vice versa. He is a highly respected member of the company and is considered helping many of his colleagues. Rachel's desire one day to become a lawyer is one of the main stories of this series. As a paralegal, he lives among the many awards for his hard work and constant reminder (both of himself and others) that he is not a "real" lawyer at the end.
In Eoin Colfer's book The Supernaturalists, paralegals are lawyers who serve as mercenaries to arrest and then prosecute offenders for people, or more commonly, the companies that hire them.
In the honorable Evan Hansen musical , Evan Hansen's mother, Heidi, is studying to become a paralegal.
Some of today's and previous paralegals have also entered the world of politics, including Amanda Reeve (Arizona State Legislature) and Michael Strautmanis (US 44th presidential friend Barack Obama and former White House Staff).
See also
- Bullying in the legal profession
- Community college
- Contract lawyer
- gray collar
- Legal profession history
- Individual rights defenders
- Juris
- Legal profession
- Exclusive college
References
External links
- Current ABA Definition of Legal Assistant/Paralegal
- Simple English Wikipedia Paralegals
- Bureau of Labor Statistics United States government website Job prospects for Paralegals and Legal Assistants
- Here's a link to the great video "What is Paralegal."
Source of the article : Wikipedia
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