The
major fields of Legal and Paralegal
While lawyers assume ultimate responsibility for legal work, they
often delegate many of their tasks to paralegals. In fact, paralegalsalso
called legal assistantscontinue to assume a growing range of
tasks in the Nation's legal offices and perform many of the same tasks
as lawyers. Nevertheless, they are still explicitly prohibited from
carrying out duties which are considered to be the practice of law,
such as setting legal fees, giving legal advice, and presenting cases
in court.
One of a paralegal's
most important tasks is helping lawyers prepare for closings, hearings,
trials, and corporate meetings. Paralegals investigate the facts
of cases and ensure that all relevant information is considered.
They also identify appropriate laws, judicial decisions, legal articles,
and other materials that are relevant to assigned cases. After they
analyze and organize the information, paralegals may prepare written
reports that attorneys use in determining how cases should be handled.
Should attorneys decide to file lawsuits on behalf of clients, paralegals
may help prepare the legal arguments, draft pleadings and motions
to be filed with the court, obtain affidavits, and assist attorneys
during trials. Paralegals also organize and track files of all important
case documents and make them available and easily accessible to
attorneys.
In addition
to this preparatory work, paralegals also perform a number of other
vital functions. For example, they help draft contracts, mortgages,
separation agreements, and trust instruments. They also may assist
in preparing tax returns and planning estates. Some paralegals coordinate
the activities of other law office employees and maintain financial
office records. Various additional tasks may differ, depending on
the employer.
Paralegals are
found in all types of organizations, but most are employed by law
firms, corporate legal departments, and various government offices.
In these organizations, they may work in all areas of the law, including
litigation, personal injury, corporate law, criminal law, employee
benefits, intellectual property, labor law, bankruptcy, immigration,
family law, and real estate. Within specialties, functions often
are broken down further so that paralegals may deal with a specific
area. For example, paralegals specializing in labor law may deal
exclusively with employee benefits.
The duties of
paralegals also differ widely based on the type of organization
in which they are employed. Paralegals who work for corporations
often assist attorneys with employee contracts, shareholder agreements,
stock-option plans, and employee benefit plans. They also may help
prepare and file annual financial reports, maintain corporate minute
books and resolutions, and secure loans for the corporation. Paralegals
often monitor and review government regulations to ensure that the
corporation operates within the law.
The duties of
paralegals who work in the public sector usually vary within each
agency. In general, they analyze legal material for internal use,
maintain reference files, conduct research for attorneys, and collect
and analyze evidence for agency hearings. They may then prepare
informative or explanatory material on laws, agency regulations,
and agency policy for general use by the agency and the public.
Paralegals employed in community legal-service projects help the
poor, the aged, and others in need of legal assistance. They file
forms, conduct research, prepare documents, and when authorized
by law, may represent clients at administrative hearings.
Paralegals in
small and medium-sized law firms usually perform a variety of duties
that require a general knowledge of the law. For example, they may
research judicial decisions on improper police arrests or help prepare
a mortgage contract. Paralegals employed by large law firms, government
agencies, and corporations, however, are more likely to specialize
in one aspect of the law.
Computer use
and technical knowledge has become essential to paralegal work..
Computer software packages and the Internet are increasingly used
to search legal literature stored in computer databases and on CD-ROM.
In litigation involving many supporting documents, paralegals may
use computer databases to retrieve, organize, and index various
materials. Imaging software allows paralegals to scan documents
directly into a database, while billing programs help them to track
hours billed to clients. Computer software packages also may be
used to perform tax computations and explore the consequences of
possible tax strategies for clients.
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