WHAT IS A PARALEGAL?

by Joelle Steele

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The definition of a paralegal varies according to where you are geographically in the world. In the United States, a paralegal is an unlicensed individual who works under the direct supervision of a licensed attorney to assist in the performance of legal work. The lawyer is fully responsible for the paralegal's work. In Canada, paralegals have an independent licensure that allows them to provide certain kinds of legal services and to appear before certain courts. Some Canadian paralegals may represent clients on certain matters, and may become commissioners, notaries, and justices of the peace. In Ontario they are considered officers of the court. In the United Kingdom, it is similar to Canada, and paralegals are simply people who do certain kinds of legal work but are not lawyers.

Most paralegals have a combination of education, training, and work experience performing legal work for attorneys that is normally done by attorneys. Paralegals are sometimes referred to as legal secretaries or legal assistants, depending on the type of work they perform for an attorney. Paralegals generally have a very good knowledge of how the law and the legal system work. They can fill out court forms, and prepare many basic complaints and responses. They often work as legal writers or do legal research. The more skilled they are, the more complex legal documents they may be expected to write on behalf of the attorney who employs them. A paralegal is expected to adhere to the ethics and standards of the legal profession, just as an attorney does.

In the United States, there is really no true regulation of paralegals and they are not licensed, but are instead either certified (through an accredited college program) or registered. But, even graduation from college programs or association exams do not guarantee certification in most states. And, a paralegal who has completed a two-year community college paralegal course or certification program cannot give advice or appear on behalf of a client in court, nor can they sign any court documents as a representative of a client, as either would make them guilty of practicing law without being a licensed attorney.

An individual cannot usually refer to themselves as a paralegal in the United States unless they are working under the supervision of a lawyer. For that reason, some states have other designations for individuals who are freelance paralegals but cannot use the word paralegal. One such designation is the Legal Document Assistant (LDA).

There is a significant persecution of freelance paralegals by members of bar associations throughout the United States. California went so far as to cave in to the complaints from lawyers about freelance paralegals and enacted a law to prevent paralegals from providing self-help assistance to consumers. This ultimately resulted in freelance paralegals in California being licensed and designated as Legal Document Assistants.

As you can see, the United States is relatively backward in their recognition of the paralegal as a valid member of the legal community. Unfortunately, it is the people who most need the affordable and routine legal services that a paralegal can provide who most suffer from this lack of acceptance.