Paralegals And The Professional Code Of Ethics

Posted by admin | Paralegal info | Tuesday 29 June 2010 8:16 am

Although many paralegals work under the supervision of an attorney, paralegals are professionals in their own right. As many people still have the common misconception that a paralegal’s place in the law firm consists of little more than being an underling to a superior, it might be a good idea to get a clearer view of the facts, and possibly set this misconception to rest.

The paralegal’s professional status can at once be underscored by what is known as the Professional Code of Ethics. A paralegal is as equally bound to this Code as any attorney in the law firm. He or she is expected to adhere as strictly to the policies set forth in the Code of Ethics, and can face suspension or even termination from both the job and loss of credentials if he or she does not do so.

For example, one of the most significant points set forth in the Code of Ethics is that of privileged communications. A paralegal, no different from an attorney, a doctor, or a minister, is bound from disclosing information that he or she is told, has read, or learns, regarding the case and the client. As a paralegal who works in a law firm or for an individual attorney routinely has access to such information in general, and, in many situations, is the person who actually receives the information directly, the information can go no further than the attorney who is actively working on the case.

If someone does not recognize the paralegal in her professional regard, the person may assume that the paralegal is free to talk about a case. This is not true; for whether a paralegal is your best friend, your spouse, or a family member, she is never at liberty to disclose privileged communications. This is a fact which paralegals and the people in their lives must take seriously; for even talking about a case or a client in a vague manner can lead a paralegal to lose not only her job but her credentials to practice in the field.

One of the best ways to keep this in its proper perspective is to keep in mind that while you are working for an attorney, you are basically working for the client as well. The trust that the client places in his attorney, he also places in you. This is true whether you have had personal communications with the client, or whether everything you know about him and the case has come from the paperwork that you have been dealing with on a regular basis in the office.

In the legal field, violating a client’s confidentiality is something which simply is not allowed, and cannot be allowed. Regardless of the specifics of the case, privileged communications is the client’s right, and it is the responsibility of the paralegal as well as the attorney to ensure that this right is not violated.

Even for this reason alone, it is essential for anyone who plans to enter the paralegal field to not only be fully aware of her responsibility for professional conduct, but also be fully willing to adhere to it at all times.

Paralegals And Unauthorized Practice Of Law

Posted by admin | Paralegal info | Tuesday 22 June 2010 12:53 pm

UPL or Unauthorized Practice of Law is often one of the most dreaded terms for paralegals and attorneys alike. While the logical reason for this is that Unauthorized Practice of Law frequently results in the individual losing his or her credentials to practice, the additional factor is that states radically differ in what they deem Unauthorized Practice of Law.

In order for a paralegal to avoid potential repercussions, it is essential that she familiarize herself with the term as it is defined by the particular state in which she lives. Most states in America conclude that Unauthorized Practice of Law covers any legal advice or legal services which are rendered by anyone other than a practicing attorney. Such states require that any work or duties which are carried out by a paralegal must be done under the supervision of a practicing attorney, or acting on his knowledgeable behalf.

There are very few states which take a more lenient view of this subject. For example, California is one of the few states which allows for document preparation by non-attorneys. As long as the paralegal is not wrongfully misrepresenting herself as an attorney, or taking an attorney’s role in court proceedings, she can earn a very comfortable living providing such basic services as preparing the documents for divorce proceedings and similar types of cases. Most states in America, however, do not go this far, and can legally prosecute a person who does this type of work for being Unauthorized Practice of Law.

The best way of finding out what the status of UPL is in your particular state of residence is to thoroughly investigate the facts. While preparing court documents, Wills, and other such services to the community can be an excellent business, obviously that is not the case if the state where you live considers it to be a crime. Some states are very clear as to what constitutes UPL, while others are vague enough in their definition that you in turn must be very clear in finding the facts. As there are serious penalties for UPL, it is in a paralegal’s best interests to be completely knowledgeable about her state’s specific laws on the subject, and to adhere to them one hundred percent.

If you work in a law firm or in an individual attorney’s private practice, it is also wise to be aware of UPL. While the job consists of doing many tasks which are delegated to you by the attorney, you must be aware that his discretion does not include crossing the very fine line into Unauthorized Practice of Law.

Actually, in many cases, the responsibility for this falls more on the paralegal herself than on the attorney. In other words, if he is asking you to carry out a task in his behalf, you must know for sure in advance that a paralegal has the authority to do it. It does occasionally happen that an attorney loses his own license to practice law simply by assigning a task to a paralegal that she does not actually have the authority to do.

Whether you plan to work for an attorney, a law firm, or investigate the possibility of providing services, it is essential that you get the facts beforehand.

Why You Might Like To Become A Paralegal

Posted by admin | Paralegal info | Monday 14 June 2010 8:06 am

Whether you are young or not-so-young, planning your first venture into a career or changing careers in mid-life, you might like to consider becoming a paralegal. This field will open up a world of opportunities, enjoyment, and personal satisfaction for you!

First, if you become a paralegal you will be taking on a very important role in the legal field. As one who has begun training for this career is taught, a paralegal needs to be as aware and up-to-date on laws, procedure, and the legal system, as the attorneys. Assisting an attorney is no small role, for you will be providing some very valuable functions– in short, lessening the attorney’s workload by dealing with many of his or her essential tasks.

Second, working as a paralegal will give you the benefit of meeting many interesting people. Whether you are working in the office, providing hands-on assistance with legal cases, or preparing documents, your life will be enriched by the many fascinating people you get to interact with along the way.

In addition, paralegal work provides a valuable service to the community. As there are not nearly enough qualified attorneys available to deal with every necessary aspect of legal work, there are a number of services which can be dealt with by a trained paralegal instead. While these services vary depending upon the specific laws in the state where you reside, many states allow paralegals to serve in some capacity to the community.

The range of benefits to paralegal work also extend to income. Although pay rates vary in different areas, the general pay scale for a trained, qualified paralegal is very nice indeed! If you are considering entering this field, you will also be glad to know that in most locations paralegals are much in demand, which will make it relatively easy to get a job as well as the all-important factor of job security once you have been hired for the position.

Another wonderful aspect to working in the paralegal field is that it will expand your range of knowledge and will keep you up-to-date with the frequent changes in the courts and legal system. As a paralegal, you will need to stay well-informed and current with the status of laws and procedure in general, but especially those surrounding the specific field of law that your attorney deals with on a regular basis.

As you can see, there are many benefits in paralegal work. After you have considered all of these exciting opportunities which will be open to you, it is quite likely that you will decide that it is the career you have been looking for. What other field can hold so many opportunities for doing a type of work that is absolutely essential, playing a large role between an attorney and the public, while giving you job satisfaction, the chance to advance in your career if you wish to do so, and personal enjoyment, all at the same time? The paralegal field offers all of this and more to you!

Now is the Time to Become a Paralegal

Posted by admin | Paralegal info | Sunday 6 June 2010 12:51 pm

Are you interested in legal work, but not law school? You might want to consider a paralegal degree.  Attorneys are ultimately responsibility for the legal services they provide their clients; paralegals – also known as legal assistants – help attorneys in almost every aspect of their work. Being one of the fastest growing careers nationwide, those with paralegal training will be able to find jobs in every part of the country.

The American Bar Association (ABA) defines the role of a paralegal or legal assistant as an individual that is capable by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible.

Paralegals provide valuable assistance to attorneys by helping them prepare for closings, hearing, trials and corporate meetings. Paralegals also assist attorneys at trials, draft contracts and agreements, and assist in estate planning.  The valuable employees also maintain office financial records, and coordinate the activities of law office employees.    Their duties can also include researching legal documents, finding witnesses, getting affidavits, and tracking case files.  Depending on where you choose to work, your paralegal duties can vary widely.

The most common paralegal programs are associate’s degree programs offered at community colleges or specialized schools.  These are generally 2-year programs.   There are also certificate programs and online paralegal programs. Certificate programs are an equally popular paralegal training option. Most certificate programs are intended for students who have an associates or bachelor’s degree.  Some certificate programs only call for a high school diploma or GED for admission. Certificate programs are generally completed in several months. There are also a small number of schools that offer 4-year bachelors andor master’s degrees in paralegal studies.

Paralegal degree and certificate programs usually include courses that introduce students to law and legal research methods.  Some students might choose to study a specialized legal area such as probate or real estate. Paralegals in small to medium-size law firms typically carry out duties that require general law comprehension.  Paralegals employed by large law firms, government agencies, and corporations, are generally likely to be specialized.  The legal assistantparalegal occupation is expected to grow by 33% during the first 10 years of 2000, according to the Bureau of Labor Statistics.  With projections of growth, now is a good time to earn your paralegal degree.