PARALEGAL PERSONNEL California Occupational Guide Number 464 Interest Area 11 1995
PARALEGAL PERSONNEL, also known as Paralegals or legal assistants, work directly under the supervision of a lawyer, who takes final responsibility for the work. Paralegals are allowed to perform many of the functions of a lawyer; however, they cannot accept clients, set legal fees, give legal advice, or present a case.
Paralegals generally perform background work for the lawyer. For example, a Paralegal who helps a lawyer prepare a case for trial often investigates the facts to make sure that all relevant information in the case is known. The Paralegal then researches the appropriate laws, recorded judicial decisions, legal articles and other material to determine whether the client has a good case. After analyzing all the information, the Paralegal may prepare a legal opinion to assist the attorney in deciding how the case should be handled. If the attorney decides to bring a lawsuit for the client, the Paralegal may prepare legal arguments, file pleadings with the court, obtain affidavits, and assist the attorney during the trial. The Paralegal may also keep files of the documents and correspondence important to the case. Increasingly, Paralegals use computers in the course of their work.
Besides trial-related work, Paralegals may help draft documents such as contracts, mortgages, separation agreements, and trusts for an attorney's clients. They may help prepare tax returns and plan estates. Some Paralegals coordinate the activities of law office employees and keep financial records for the legal practice.
Paralegals who work for corporations help attorneys handle employee contracts, shareholder agreements, stock option plans and employee benefit plans. They may help prepare and file annual financial records for the legal practice.
The duties of Paralegals who work for the federal, state or local government vary, depending on the type of agency that employs them. Generally, Paralegals in government analyze legal material for internal use, maintain reference files, conduct research for attorneys, collect and analyze evidence for agency hearings, and prepare informative or explanatory material on laws, agency regulations, and policies for general use by the agency and the public.
Paralegals employed in community legal service projects help the poor, aged and others in need of legal service aid. They file forms, conduct research and prepare documents. When authorized by statue, they represent clients at administrative hearings.
Some Paralegals, usually those in small and medium-sized law firms, have varied duties. One day the Paralegal may research judicial decisions on improper police arrests and the next day may help prepare a mortgage contract. Most Paralegals work for large, departmentalized law firms, government agencies and corporations and specialize in one area of law. Some specialties are real estate, estate planning, litigation and family, labor and corporate law.
Paralegals do most of their work at desks in offices and in law libraries. Some Paralegals use computers to research legal cases and precedents. Paralegals may travel to gather information and perform other duties. They may work alone or with others. They also may confer with lawyers and interview clients and witnesses.
The following information is from the California Projections of Employment published by the Labor Market Information Division.
Estimated number of workers in 1990 11,150 Estimated number of workers in 2005 17,210 Projected Growth 1990-2005 54% Estimated openings due to separations by 2005 1,540
(These figures do not include self-employment nor openings due to turnover)
Employment of Paralegals is projected to increase significantly between 1990 and 2005 as the need for legal services increases for a growing population. Paralegals comprise one of the 20 fastest growing occupations in the State, with a rate of growth expected to be more than twice as fast as the average for all occupations through the year 2005. Most jobs will result from new job opportunities as the industry expands.
WAGES, HOURS, AND FRINGE BENEFITS
Newly hired Paralegals may expect to receive wages from $5 to $14.50 per hour, depending on education and experience. Paralegals who have been working for law firms for three years or more, can expect to receive from $8 to $30 per hour. In addition, many law firms pay bonuses usually based on tenure or merit considerations, or a combination of both.
Most Paralegals work a standard 40-hour week. Most paralegal workers receive paid vacation, sick leave, medical, dental and life insurance and retirement plans. Some employers provide vision insurance.
ENTRANCE REQUIREMENTS AND TRAINING
Several methods of entry into the paralegal profession are available. Some employers train other legal personnel on their staff, such as legal secretaries, for paralegal positions. Increasingly, employers require a bachelor's degree and formal paralegal training. Some will hire those with a paralegal certificate.
To be successful as a Paralegal, good research ability and logical thinking are necessary, as well as excellent writing and speaking skills. Familiarity with the operation and applications of computers in legal research and litigation support is increasingly important. While in high school, valuable experience is available by serving in student government, working for the school newspaper and being on the debate team.
Community colleges and four-year institutions offer paralegal course work. Many of the classes are offered in the afternoon and evening. Some schools offer general paralegal training within different areas of law, including legal research techniques. Others provide programs leading to specialties, such as real estate, estate planning and probate, litigation, family law and income taxes. Classes also include introduction to law, tools and techniques of legal research, law office administration and corporate law. Currently, Paralegals are not required by law to be certified. The National Association of Legal Assistants, however, has established standards for voluntary certifications. Paralegals who meet these standards are eligible to take a two-day examination given by the Certifying Board of Legal Assistants. This examination is administered each year at several regional testing centers. Persons who pass this examination may use the designation, Certified Legal Assistant (CLA). This designation is a sign of competence in the field and may enhance employment and advancement opportunities.
In most large firms a Paralegal advances several levels until they reach senior level. Beyond that, in some of the larger companies there are supervisory, coordinating and trainer positions; however, there are very few of these promotional situations. Some Paralegals will continue their education and become lawyers; others will open their own paralegal firms.
Job seekers should look at the classified ads in local newspapers and law journals. They should register with the California Employment Development Department's Job Service, their school placement office and personnel offices of federal, state, city, and county governments.
ADDITIONAL SOURCES OF INFORMATION
National Paralegal Association 6186 Honey Hollow Road Solebury, PA 18963 (215) 297-8333
National Association of Legal Assistants 1601 South Main Street, Suite 300 Tulsa, OK 74119 (918) 587-6828
Legal Secretaries No. 172 Lawyers No. 32
DOT (Dictionary of Occupational Titles, 4th ed., Rev. 1) Paralegal 119.267-026 Legal Investigator 119.267-022
OES (Occupational Employment Statistics) System Paralegal Personnel 283050
Source: State of California, Employment Development Department,
Labor Market Information Division, Information Services Group,
(916) 262-2162.