Paralegals Case Study Essay

Paralegals or legal assistants are qualified by education, training or work experience, but are not required by any state to be licensed. Although, legal assistants may get become certified through such organization as NALA or some state bar associations. Paralegals are a valuable asset to an attorney, but it is important for a paralegal or legal assistant to adhere to the standards of legal ethics and proper conduct, one of which, they must never give legal advice. A paralegal or legal assistant may assist an attorney, but the attorney is ultimately responsible, therefore the paralegal should work under the supervision of said attorney. Currently, there are no absolute requirements for a person to be a paralegal, but with most

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

More often than ever before, lawyers are choosing to practice law in small law firms or as solo practitioners. At some point, many of these small firm lawyers will also conclude that hiring a paralegal makes sense for the success of their law practices (Scott). As more and more attorneys seek the assistance of qualified legal assistants, the demand for paralegals to work in small firms is on the rise. Attorneys at small firms will be able to provide the mentorship that a new paralegal will need to begin their career and build their hands on knowledge and skills. Moreover, one would think that an attorney in a solo practice or small firm would be able to dedicate more time in grooming their paralegal to be ready for any possible scenario.

Criminal law paralegals provide assistance to defense attorneys and prosecutors. Their duties include drafting documents, doing research, interviewing witnesses, putting together discovery information, communicating with other parties, and assisting attorneys when they are in

In order to complete this assignment we must first recognize what Unauthorized Practice of Law is when it comes to paralegals. There is no set definition on what UPL is but as a paralegal there are guidelines to go by. Some ways they can violate the practice of law would be an individual holding themselves as an attorney when they are paralegals, giving legal advice as an attorney would, or representing clients in a court of law. All of the previous are violations and can be subject to several disciplinary actions [ (Unauthorized Practice of Law, 2010) ]. It has been named illegal due to the damages on may suffer due to bad legal advice. In some states it is considered a criminal offense and could be given a jail sentence.

The role a paralegal has in a law firm is a vital. These professionals are highly valued for the abilities they contribute in the area of knowing the law, legal research and how it applies to a client’s case. Furthermore, paralegals also as assist their Attorneys on a variety of tasks pertaining to a law related matters. Regardless, no matter how knowledgeable the paralegal may be; they are always required to work under the direct supervision of an attorney. There are very little exceptions for paralegals to work in the law field, unsupervised. Even in these exceptions, It is still possible for a professional paralegal, under the supervision of an attorney or not, to still commit UPL (California Legislative Information Business and Professions Code).

Legal information can be given by anyone with law knowledge, a simple statement only of what the law states is legal information, that person leaves it up to the individual to decide how they want to proceed with their case. Generally, legal information is given at no cost. When giving legal advice a paralegal may discuss drafting or revising and official legal document with the oversight of a practicing attorney. A paralegal may discuss with clients legal information consisting of a question whether or not a certain act is legal but may not give legal advice based off of the clients responses. If a paralegal is not setting legal fees, undertaking representation, giving legal advice, or representing a client in court, a paralegal may assist an attorney with anything else. When assisting clients a paralegal does have the right to type up forms for clients however they may not aid in helping them fill out the form. When filling out a form the paralegal could accidentally give advice on what to put and giving legal advice as a paralegal is against the

The Florida Paralegal Program was created in 2007, in order to regulate the paralegal profession in the state of the Florida. This program offers them a voluntary registration in this distingue organization, under the compromise to meet certain requirements such as education, certification, or work experience criteria, and also abide by a Code of Ethics and Responsibilities, all these based on the Chapter 20 of the Rules regulating the Florida Bar. Subsequently, these rules establish that a Florida Registered Paralegal is a paralegal who meets the requirements set out in Chapter 20 of the Rules regulating the Florida Bar. These rules designate that a paralegal is a person with education, training or work experience, who works under the direction of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. However, there are certain differences, as well as pros and cons, between paralegals that are not registered under this rule and those who are, specifically on the following main points: work experience, education, and requirements to qualify.

There is a large amount of competition for paralegals in the area serviced by Detlor Paralegal Services. However, the issue of competition can be overcome and is outlined in the “Competition” portion of this business plan. Detlor Paralegal Services will service a large area, which may require much time commuting and constantly going to different courthouses. However, because the area served is large, a larger number of cases will present themselves, and depending on the profitability of those cases, can help to overcome the commuting

Since paralegals can only work under the supervision of an attorney, by doing the opposite may be consider an unauthorized practice of law, so paralegals must avoid assisting in the unlicensed practice of

Justice. It is something that everyone wants, something that we strive for, even something that sparks. However, when we think of lawyers, we think of superheroes with an expensive education, walking into the courtroom and serving up justice. What no one thinks of is the person that helped the lawyer get there, the paralegal that prepares the necessary documents, the paralegal that makes sure his or her attorney is at the right place at the right time. A paralegal is crucial and in some cases vital to our justice system yet they are so often over looked.

In stating so, Flynn argues that while some in the legal field think that paralegals are supervised and work under an attorney, therefore do not need to be licensed or certified. Others believe paralegals handle intricate legal matters, therefore should be licensed and certified. This statement from Flynn reinforces my belief that paralegals are essential to the effectiveness of a law firm and leads into my standing that licensing should be in place to ensure education, knowledge and adherence, which in turn will make a paralegal more valuable. Licensing of the paralegal profession and the requirements of experience and education that come with it; would dispel the long time misunderstanding of position titles among law office staff, attorneys and the public.

Lawyer is a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters. Lawyers serve as both advocates and advisers. As advocates, they speak for their clients in court by presenting supportive evidence. As advisers, they counsel their clients on their legal rights and obligations. Lawyers, also called attorneys and counselors, can interpret laws and apply laws to specific situations, and draft new laws. Much of their work involves researching precedents, which are earlier interpretations of laws and the history of judicial decisions based on that law. Lawyers use precedents to support their cases in court. Many resources from law libraries and public documents to computer

Client intake is the first step a paralegal will perform before the case even begins. As a paralegal you will answer the phone, talk to potential clients, gather the basic information,and schedule a consultation with the attorney. When the client meets with the attorney and decides to hire the firm, it is the paralegal's job to open a file for the client. Paralegals spend a lot of their day communicating

Paralegals and Legal Assistants do various tasks to support a lawyer or attorney including organizing files, conducting legal research, and drafting numerous types of documentation in preparation for legal action to take place. Legal actions that take place are court hearings, trials, and corporate meetings.