17,99 €
Mehr erfahren.
- Herausgeber: John Wiley & Sons
- Kategorie: Fachliteratur
- Sprache: Englisch
Apply important legal concepts and skills you need to succeed Get educated, land a job, and start making money now! Want a new career as a paralegal but don't know where to start?Relax! Paralegal Career For Dummies is the practical, hands-onguide to all the basics -- from getting certified to landing a joband getting ahead. Inside, you'll find all the tools you need tosucceed, including a CD packed with sample memos, forms, letters,and more! Discover how to * Secure your ideal paralegal position * Pick the right area of the law for you * Prepare documents for litigation * Conduct legal research * Manage a typical law office Sample resumes, letters, forms, legal documents, and links toonline legal resources. Please see the CD-ROM appendix for details and complete systemrequirements.
Sie lesen das E-Book in den Legimi-Apps auf:
Seitenzahl: 597
Veröffentlichungsjahr: 2011
Ähnliche
Paralegal Career For Dummies®
by Scott Hatch, JD, andLisa Zimmer Hatch, MA
Paralegal Career For Dummies®
Published byWiley Publishing, Inc.111 River St.Hoboken, NJ 07030-5774www.wiley.com
Copyright © 2006 by Wiley Publishing, Inc., Indianapolis, Indiana
Published simultaneously in Canada
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-646-8600. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, 201-748-6011, fax 201-748-6008, or online at http://www.wiley.com/go/permissions.
Trademarks: Wiley, the Wiley Publishing logo, For Dummies, the Dummies Man logo, A Reference for the Rest of Us!, The Dummies Way, Dummies Daily, The Fun and Easy Way, Dummies.com, and related trade dress are trademarks or registered trademarks of John Wiley & Sons, Inc., and/or its affiliates in the United States and other countries, and may not be used without written permission. All other trademarks are the property of their respective owners. Wiley Publishing, Inc., is not associated with any product or vendor mentioned in this book.
LIMIT OF LIABILITY/DISCLAIMER OF WARRANTY: The publisher and the author make no representations or warranties with respect to the accuracy or completeness of the contents of this work and specifically disclaim all warranties, including without limitation warranties of fitness for a particular purpose. No warranty may be created or extended by sales or promotional materials. The advice and strategies contained herein may not be suitable for every situation. This work is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If professional assistance is required, the services of a competent professional person should be sought. Neither the publisher nor the author shall be liable for damages arising herefrom. The fact that an organization or Website is referred to in this work as a citation and/or a potential source of further information does not mean that the author or the publisher endorses the information the organization or Website may provide or recommendations it may make. Further, readers should be aware that Internet Websites listed in this work may have changed or disappeared between when this work was written and when it is read.
For general information on our other products and services, please contact our Customer Care Department within the U.S. at 877-762-2974, outside the U.S. at 317-572-3993, or fax 317-572-4002.
For technical support, please visit www.wiley.com/techsupport.
Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books.
Library of Congress Control Number: 2006926125
ISBN-13: 978-0-471-79956-6
ISBN-10: 0-471-79956-4
Manufactured in the United States of America
10 9 8 7 6 5
1B/RS/QX/QW/IN
About the Authors
Scott and Lisa Hatch have prepared students for careers in the legal field for over 25 years. While in law school in the late ’70s, Scott Hatch taught LSAT preparation courses throughout Southern California to pay for his education. After graduation, he went out on his own and, at the urging of one of his students, added paralegal courses to his course offerings. Using materials he developed himself, he then prepared thousands of eager career seekers to work as paralegals, legal nurse consultants, legal secretaries, legal investigators, mediators, and victim advocates.
Scott and Lisa kindled their romance in the classroom. Lisa took one of Scott’s LSAT preparation courses at the University of Colorado and improved her love life as well as her LSAT score. Lisa’s love for instructing and writing allowed her to fit right in with Scott’s lifestyle, teaching courses and preparing course materials. They married shortly thereafter.
Since then, Scott and Lisa have taught students worldwide. Currently, over 300 universities and colleges offer their courses through live lectures, correspondence, and online, and Scott and Lisa have written the curriculum for all formats. The company they have built together, The Center for Legal Studies, provides courses for those who desire careers in the field of law (including paralegals, legal secretaries, legal investigators, victim advocates, and legal nurse consultants) and who need preparation for the gamut of standardized tests.
Scott has presented standardized test and legal career courses since 1980. He received his undergraduate degree from the University of Colorado and his Juris Doctorate from Southwestern University School of Law. He’s listed in Who’s Who in California and Who’s Who Among Students in American Colleges and Universities, and he was named one of the Outstanding Young Men of America by the United States Jaycees. He was a contributing editor to The Judicial Profiler and the Colorado Law Annotated series and has served as editor of several award winning publications.
Lisa has been teaching legal certificate and standardized test courses since 1987. She graduated with honors in English from the University of Puget Sound, and received her master’s degree from California State University. She and Scott have co-authored numerous law and standardized test texts, including Paralegal Procedures and Practices;A Paralegal Primer; and SAT II U.S. History For Dummies, SAT II Biology For Dummies, and SAT II Math For Dummies (Wiley).
Dedication
We dedicate our For Dummies series books to Alison, Andrew, Zachary, and Zoe Hatch. Rather than file missing persons reports on their parents with local law enforcement agencies, they demonstrated extreme patience, understanding, and assistance while we wrote this book.
Authors’ Acknowledgments
This book wouldn’t have been possible without the extensive research and writing contributions of Martin Rollins, JD, and David Newland, JD. Their efforts greatly enhanced our information gathering, and we’re deeply grateful to them.
We also need to acknowledge the input of the thousands of paralegal, legal secretary, legal investigator, and legal nurse consultant students who’ve completed our law career certificate courses over the last 25 years. The classroom and online contributions offered by these dedicated learners have provided us with lots of input about what prospective paralegals want and need to know most.
The editing professionals at Wiley Publishing greatly facilitated our writing process. Our thanks go out to Elizabeth Kuball for her support and attention to detail, Peggy Kirk for her insights into the paralegal career, and Tracy Boggier for initiating us to the process and being available whenever we had questions.
Finally, we want to acknowledge our literary agent, Margo Maley Hutchinson, at Waterside Productions in Cardiff for introducing us to the innovative ForDummies series.
Wiley Publishing has to be commended for its pioneering efforts to make finding out about new careers fun. We thrive on positive reinforcement and feedback from our students and encourage our readers to provide comments and critiques at [email protected].
Publisher’s Acknowledgments
We’re proud of this book; please send us your comments through our Dummies online registration form located at www.dummies.com/register/.
Some of the people who helped bring this book to market include the following:
Acquisitions, Editorial, and Media Development
Project Editor: Elizabeth Kuball
Acquisitions Editor: Tracy Boggier
Editorial Program Coordinator: Hanna K. Scott
Technical Editor: Margaret J. Kirk
Media Development Specialist: Angie Denny
Editorial Manager: Michelle Hacker
Editorial Supervisor and Reprint Editor: Carmen Krikorian
Media Development Manager: Laura VanWinkle
Media Project Manager: Laura Moss
Editorial Assistants: Erin Calligan, David Lutton
Cover Photos: © Terry Why/Getty Images, Inc.
Cartoons: Rich Tennant (www.the5thwave.com)
Composition Services
Project Coordinator: Patrick Redmond
Layout and Graphics: Claudia Bell, Lauren Goddard, Joyce Haughey, Clint Lahnen, Barry Offringa, Alicia B. South
Proofreaders: Leeann Harney, Jessica Kramer, Aptara
Indexer: Aptara
Publishing and Editorial for Consumer Dummies
Diane Graves Steele, Vice President and Publisher, Consumer Dummies
Joyce Pepple, Acquisitions Director, Consumer Dummies
Kristin A. Cocks, Product Development Director, Consumer Dummies
Michael Spring, Vice President and Publisher, Travel
Kelly Regan, Editorial Director, Travel
Publishing for Technology Dummies
Andy Cummings, Vice President and Publisher, Dummies Technology/General User
Composition Services
Gerry Fahey, Vice President of Production Services
Debbie Stailey, Director of Composition Services
Contents
Title
Introduction
About This Book
Conventions Used in This Book
What You’re Not to Read
Foolish Assumptions
How This Book Is Organized
Icons Used in This Book
Where to Go from Here
Part I : A Snapshot of the Exciting and Lucrative Paralegal Profession
Chapter 1: Discovering the Paralegal Profession
Almost a Lawyer: What a Paralegal Does
On the Job: Where Paralegals Work
What It Takes: The Skills, Knowledge, and Training You Need
Chapter 2: Membership Has Its Privileges: Paralegal Associations and Their Certification Exams
To Join or Not to Join
Deciding Whether to Get Certified
Chapter 3: The Hunt Is On: Securing a Paralegal Position
Finding the Perfect Job
Creating the Documentation
Setting Up Shop: Starting a Freelance Paralegal Business
Part II : Important Legal Concepts Every Paralegal Should Know
Chapter 4: “All Rise”: The American Judicial System
Everything Old Is New Again: The Importance of Legal Precedence
Checks and Balances: Branches of U.S. Government
Playing Fair: Levels of the U.S. Judicial System
Judge and Jury: The U.S. Jury System
Chapter 5: The Big Three: Categories of Law
Cutting Through the Red Tape: Administrative Law
Eliminating Any Reasonable Doubt: The Nature of Criminal Law
Maintaining Polite Society: Civil Law
Chapter 6: Taking a Case to Trial: The Litigation Process
Constructing the Criminal Case
Carrying Through a Civil Case
Chapter 7: How It’s Done: Important Rules of Civil Procedure and Evidence
Distinguishing Between Procedural Law and Substantive Law
Following the Federal Rules of Civil Procedure
Sticking to State Procedural Rules
Figuring Out the Federal Rules of Evidence
Chapter 8: Because I Said So: The Categories of Legal Authority
Déjà Vu All Over Again: Review of Stare Decisis
Who’s the Boss? The Premises of Primary and Secondary Authority
Applying the Law: Mandatory and Persuasive Authority
Helpful But You Can’t Rely On It: Nonauthority
Chapter 9: The Substantive Law Areas Most Commonly Practiced by Paralegals
Facing the Family: Domestic Law and Estate Planning
Building the Boom and Blanketing the Bust: Business and Bankruptcy Law
Compensating for Pain and Suffering: Personal Injury and Medical Malpractice
Getting It in Writing: Entertainment and Real Estate Law
Part III : Putting It into Practice: The Paralegal in the Civil Litigation Process
Chapter 10: The Paper Chase: Preparing Documents
Communicating in Writing: Types of Legal Documents
Worth the Paper They’re Written On: Effective Document Drafting
Chapter 11: Elementary My Dear Watson: Legal Investigation
Searching for Clues: Gathering Evidence
Keeping Track: Identifying and Protecting Evidence
Keeping Order: Organizing the Evidence
Chapter 12: Chewing the Fat: Legal Interviewing
Getting to Know You: Initial Client Interviews
Completing the Story: Witness Interviews
Preparing Clients and Witnesses for Testimony
Chapter 13: Burning the Midnight Oil: Legal Research
Conducting Legal Research in Four (Easy?) Steps
Tools of the Trade
Getting Technological: Computerized Legal Research
Citing Cases Properly: Citation Format
Chapter 14: Where the Rubber Hits the Road: Trial Performance
Creating the Ultimate Source of Information: The Trial Notebook
Selecting the Jury: The Paralegal and Voir Dire
Keeping Track of Witnesses
Weighing Testimony: The Paralegal’s Take on the Jury’s Reaction
Preparing Questions for the Attorney
Settling Up: Preparing the Cost Bill
Blood from a Turnip: Collecting a Difficult Judgment
Chapter 15: The Official Word: Ethical Codes for Legal Professionals
Doing What’s Right: The Importance of Ethics
Abiding by the Rules of Professional Conduct
Sorting through the Codes of Paralegal Associations
Part IV : Skills Paralegals Need to Soar Ahead
Chapter 16: Write On: Presenting a Clear, Concise Legal Writing Style
Careful Correspondence
Grammar: The Foundation of an Effective Writing Style
Sentence Structure: Positioning the Sentence’s Elements
Punctuation and Mechanics: Mastering the Rules
Organization: Structuring the Finished Product
Proofreading: Polishing the Finished Product
Avoiding Plagiarism
Chapter 17: The Latest Thing: Using Technology in Law
Operating Computer Hardware and Networks in the Law Office
Getting Savvy on Software Applications for the Law Office
Surfing the Net: Online Resources
Carting Computers into the Courtroom
Chapter 18: Law Office Management 101
Buying Time: Management Systems
Keeping Account: Billing Systems
A Place for Everything: File Management
Part V : The Part of Tens
Chapter 19: The Ten Most Important Rules of Ethics
Avoiding the Unauthorized Practice of Law
Maintaining Client Confidentiality
Disclosing Your Paralegal Status
Reporting Ethics Violations of Other Legal Professionals
Disclosing Information to Prevent Death or Serious Bodily Harm
Sharing Information with Your Supervising Attorney
Avoiding Conflicts of Interest
Obeying All Applicable Attorneys’ Ethics Rules
Giving Something to the Community: Pro Bono Services
Making Your Voice Heard: Supporting Efforts to Improve the Legal System
Chapter 20: Ten Things Every Paralegal Should Know
How to Ask for Help
Your Role
How to Communicate Effectively
The Value of Being Organized
Your Limitations
How to Research
How to Use Technology
The Rules of Professional Responsibility
How to Draft Fundamental Legal Documents
How to Weigh the Value of Paralegal Organizations
Chapter 21: Ten Survival Tips to Thrive in the Legal Environment
Continue Your Education
Keep a Good Legal Dictionary Nearby
Maintain the Integrity of Your Profession
Be Polite and Patient with Court Clerks
Take a Mind Reading Course
Enjoy Problem Solving
Refrain from Badmouthing Other Paralegals and Attorneys
Never Act as though You’re Irreplaceable
Don’t Count on a Normal Work Schedule
Resist the Urge to Gossip about Clients
Part VI : Appendixes
Appendix A: Glossary of Important Legal Terms: A Mini Legal Dictionary
Appendix B: About the CD
System Requirements
Using the CD
What You’ll Find on the CD
Documents on the CD
Links to Web Sites
Troubleshooting
Wiley Publishing, Inc. End-User License Agreement
Introduction
America has a fascination with courtroom dramas. Dozens of TV shows and hundreds of movies have been based on the legal profession. Hollywood has even made musicals with courtroom scenes! Real courtroom dramas receive nearly constant attention on the news networks, and if CNN’s coverage of every detail in a trial is not enough, there’s always Court TV, where Americans can get all trials all the time.
You may not have noticed, but one thing’s missing from most of these legal dramas: the behind-the-scenes work of the paralegals (or legal assistants as they’re sometimes called). In the media, lawyers give flawless and impassioned pleas to the jury, and the force of their arguments turns the case, or, under relentless cross-examination, the defendant suddenly admits to the crime. In reality, these events rarely happen — cases are won and lost based on what takes place outside of the courtroom even before the trial.
The vast majority of the work for a civil or criminal trial is done before the trial begins, and after a trial starts there are usually very few surprises. But just as the networks choose to broadcast the Olympics, but not the four years of training in between, so the focus of dramas is on the action in the courtroom and not all the investigation, interviewing, writing, and research that builds the case. So, when you’re watching Law & Order or Court TV, you’ll usually see the lawyers in the courtroom, but not the paralegals whose research allows the trial to take place.
Whether you’re researching the paralegal profession to see if it peaks your interest or you’ve worked as a paralegal since Reagan was in office, you can find a wealth of pertinent information in this book. This book is a fun and informative resource for anyone who loves the law and wants to find out more about it. You’ll want it within easy reach as a reference to consult throughout your paralegal career or to explain the nuances of what you’re watching on Court TV. This book offers something for everyone.
About This Book
If being a paralegal appeals to you, you’ve come to the right place. Since 1980, we’ve instructed people from all walks of life and with a variety of goals on how to work as paralegals. This experience has shown us what information you absolutely need to know before you apply for a paralegal position and what information is best learned on the job. So, this book won’t cover things you don’t need to know — we want to focus on what’s most important.
This book is designed to help you decide whether a paralegal career is right for you. It also directs you to the resources you need to get the right education and experience to make your dream a reality. The best part is that it actually goes into great detail to teach you the vital skills you need to work as a paralegal or to act as your own pro se litigant.
As if the amazing information in this text wasn’t enough, we’ve also included an accompanying CD-ROM. From the CD, you can access useful forms, sample résumés and cover letters, and other references, as well as valuable Web sites.
Finally, this book is a reference book, which means that you can keep it at your desk and reach for it whenever you need some more information. You don’t have to read it from beginning to end — you can just dip into whatever chapter or section is most interesting to you today, and come back to the book later as your needs and interests change. Of course, if you want to read the book from cover to cover, we won’t stop you!
Conventions Used in This Book
We’re confident that you’ll find this book easily accessible, but we use a few conventions that you should be aware of.
The book highlights information you should remember in several ways. Lists are bulleted and marked with a solid bar to the left of the lists. New terms are italicized with definitions shortly following (often in parentheses immediately following the term). And e-mail addresses and Web addresses ( URLs), appear in monofont.
What You’re Not to Read
Throughout the book, you’ll find sidebars (gray boxes of text). Sidebars contain information that we think may interest you but that isn’t necessarily essential to your paralegal career. If you’re trying to whip through this book, so you can work as a paralegal tomorrow, you can skip the sidebars.
You can also safely skip anything marked by a Technical Stuff icon. ( More about icons in the “Icons Used in This Book” section, later.)
Foolish Assumptions
We make a few assumptions about who you are, as the reader of this book.
Maybe you’ve always had an interest in law, but you don’t want to spend the time and expense on law school. ( Besides, who wants to be the brunt of all those lawyer jokes!) Or, if you don’t mind the jokes, you could be considering law school, but you want to be sure that law’s a good match for you before you invest in three or four more years of education. Because paralegals do almost everything an attorney does, working as a paralegal will let you know right away whether you love the law as much as we do. Plus, a job as a paralegal would be a perfect way to make money while you’re in your last two years of law school. You may even decide you’d rather stick with a paralegal career, especially considering that the Department of Labor consistently ranks the paralegal career as among the top professions in terms of job growth.
Maybe you’re working as a legal secretary and thinking that you could do a lot more of the legal work in the office. Wouldn’t it impress your supervising attorney if you could come up with a vital piece of legal research discovered as a result of your newly honed legal research skills? Or it could be that you worked on one of your own legal nightmares either as a pro se litigant or as an assistant to your attorney. You may have had an epiphany that you could do as good a job as (or a better one than) the attorney who worked on your case and that you could actually get paid for your efforts!
Whatever level of interest or experience you bring to the table, this book is for you.
How This Book Is Organized
In an attempt at logic, we’ve laid out this book so that it starts with an introduction to the field of paralegalism and then progresses through the general and more specific information you need to know to thrive in the profession.
Part I: A Snapshot of the Exciting and Lucrative Paralegal Profession
If you’re new to the paralegal profession (and even if you’re not!), you’ll want to get familiar with what makes being a paralegal special. This part introduces you to the profession and helps you make decisions about the kind of paralegal you want to be and whether you want to join a local or national paralegal organization. You’ll also discover some valuable job-hunting techniques particular to the paralegal profession to help you launch your new career.
Part II: Important Legal Concepts Every Paralegal Should Know
To understand the concepts we address in the other parts of this book, you need a basic understanding of the U.S. legal system and the role paralegals play within that system. So, this part is devoted to giving you this vital knowledge base.
Part III: Putting It into Practice: The Paralegal in the Civil Litigation Process
You may be wondering exactly what paralegals do. This part explains to you in detail the activities you’ll perform in the immense variety of paralegal work.
Part IV: Skills Paralegals Need to Soar Ahead
This part focuses on sharpening skills you may already have so that they apply directly to your work as a paralegal. These skills aren’t necessarily law-related but are nevertheless vital to a successful paralegal career. We show you how to craft a clear, effective writing style; apply computer knowledge to the workplace; and hone your organization prowess so that your law office never misses a deadline or an important event.
Part V: The Part of Tens
Top-ten lists are a For Dummies staple, and this part highlights always crucial ethical rules and tips to help you succeed in a paralegal career. If you’re short on time but want a lot of bang for your buck, the Part of Tens is a great place to head.
Part VI: Appendixes
The book ends with vital information. Appendix A is a mini legal dictionary and Appendix B tells you how to use the informative CD that accompanies this book.
Icons Used in This Book
One helpful feature of this book is the icons that highlight especially significant portions of the text. These little pictures in the margins alert you to certain kinds of information:
Throughout the book, we give you insights into how you can enhance your performance as a paralegal and your knowledge of how the law works. When we highlight something especially helpful, we flag the paragraph with a Tip icon.
The language of law can be puzzling. Whenever you see one of these icons, you know that we’re providing (sometime excruciating) details on a complex legal concept. If you’re not as into the minutiae as we are, you can safely skip these paragraphs and get the main point.
Working as a paralegal isn’t all fun and games. As a paralegal, you can do — or fail to do — things that have devastating consequences. Heed these cautionary timebombs to avoid pitfalls that can cost you your dignity and maybe even your job.
This book gives you gobs of information, and some of it’s so important we may just have to say it again. When we talk about something especially important for you to remember, this icon will be nearby.
On the CD that comes with this book, you’ll find all kinds of handy forms and sample documents. When we mention something that’s on the CD, we flag it with this icon.
Where to Go from Here
If you’re new to the paralegal profession and want to see what it’s all about, start with Chapter 1, which gives you a great introduction to a paralegal career. Then read the chapters in Part II to gain a general understanding of the field of law. From there, choose chapters that sound interesting to you to better determine if this exciting career up your alley.
If you’ve worked as a paralegal or legal secretary, use this book to find out more about what you do on a daily basis. For example, if your law office is finally moving into the 21st century, Chapter 17 introduces you to the kinds of new technology that make working in a law office much easier. If your supervising attorney wants you to take on more responsibility, such as legal research (Chapter 13), document drafting (Chapters 10 and 16), and interviewing (Chapter 12), read the specific chapters that pertain to your new duties. Or if you’ve always wanted to know about the legal system to get a better understanding of why you do what you do, read Chapter 4.
Although we’re pretty confident about the comprehensiveness of this book, you’ll probably need more education if you’ve never worked in a law office before or if you have but don’t feel confident about the depth of your skills. Enroll in a quality program through a recognized university or college (like the one we offer) and impress your instructors with the expertise you’ve gained from reading this book!
You may want to join a state and local paralegal association to find out more about your chosen career and gain valuable networking resources. Above all, don’t be timid. Get out there and apply your newly found knowledge to a real live job. If you think you need a little experience first, volunteer your services to a local nonprofit law office, such as Sierra Club, Legal Aids, or the public defender’s office in your area. You’ll be surprised about how much you know with this book as your guide!
Part I
A Snapshot of the Exciting and Lucrative Paralegal Profession
In this part . . .
P aralegals do all sorts of exciting things, but you may know just a little about the profession or nothing at all. This part gives you a peek into the wide variety of jobs that paralegals can perform and introduces you to the areas of law where paralegals are most in demand. You’ll find out about associations you can join to learn more about your new profession and gain helpful networking avenues. When you’re ready for the job market, you can use the valuable information in this part to put together a killer cover letter and résumé and advertise your skills to the law offices, courts, and corporations that can’t wait to add you to their legal teams.
Chapter 1
Discovering the Paralegal Profession
In This Chapter
Looking into what paralegals do
Familiarizing yourself with the kinds of workplaces paralegals encounter
Getting the proper training to work as a paralegal
With so much media coverage for attorneys and so little for the equally important paralegals, you may not be entirely familiar with what a paralegal career entails. In this chapter, we tell you what paralegals do, where paralegals work, and what it takes to become a paralegal.
Almost a Lawyer: What a Paralegal Does
Both paralegals and lawyers are legal professionals. The difference is that an attorney must supervise a paralegal’s work, and a paralegal can’t do certain things, like give legal advice and represent clients in court.
But there are many things paralegals can do. Because using a paralegal instead of an attorney can save a lot of money, law firms and corporations are increasingly relying on paralegals. As a paralegal, you’ll likely be doing many of the tasks that in past decades were accomplished only by licensed attorneys. We cover some of these important tasks in the following sections.
Researching and analyzing the law
Courts make decisions about current cases based on the decisions made in past cases. So, to effectively prepare a case, you have to know what the courts have decided in similar circumstances and evaluate them to figure out how they apply to the case you’re working on. You find prior cases and relevant statutes through legal research.
Performing legal research can eat up gobs of time, so attorneys often count on competent paralegals to take up this duty. No matter which area of law you enter, you’ll have to do legal research. If you work in areas that frequently require litigation, you’ll do lots of research, but even other areas like domestic law, trusts and estates, corporate law, and entertainment law are going to require you to hit the books.
Of course, legal research has increasingly moved away from books and into computer technology. This doesn’t mean that you’ll be doing less research, just that you may be doing more of it from your desk rather than heading to a law library. (Chapter 13 shows you how to research the law in texts and on a computer.)
Your job doesn’t stop with the accumulation of research. You also have to analyze the information by applying law to facts and probably draft memos that present your analysis for the lawyers in your firm. You may need to apply the information that you find to a corporate contract, will, or other legal document. In many cases, you may even be asked to do initial writing on motions that will actually be filed in court. So although you may not be speaking in court, your work will be.
Playing Sherlock: Interviewing and investigating
Cases aren’t only about relevant statutes and case precedents; they’re also about the facts. As we discuss in Chapters 11 and 12, you may interview witnesses and collect evidence in your paralegal career. Evidence gathering is especially important in any kind of litigation. Litigation results in many areas of law. For example, corporate law may involve litigation stemming from contract disputes or product liability; patent and trademark law may lead to trials over intellectual property rights; and family law features frequent litigation, especially stemming from divorce and child custody issues.
For each of these kinds of lawsuits, there are witnesses to interview and evidence to gather. For example, if your supervising attorney were working for a plaintiff in a product liability suit, you would need to gather information on the harm caused by the product, interview other people who may have been adversely affected by the product, work to determine what the company knew of the danger and when, and collect information from any additional witnesses.
Even if you aren’t working in litigation, you may still need your interview and investigation skills. For example, when you help prepare a prenuptial agreement for a family law practice, you need to determine the client’s assets and investigate the background of the future spouse. If you’re working for attorneys in entertainment law who are reviewing a record deal for one of their clients, you may have to investigate the details of the deal or the record company. Whatever the area of law you become involved in, you’ll use your interview and investigation skills.
Convening with clients
Without clients, the practice of law wouldn’t exist. Tasks like legal research and document preparation may seem to be the main duties of legal professionals. But, you only engage in these and other legal tasks because you’re working on behalf of a client. Establishing good relationships with clients is essential to open communication and good legal practice — and it’s also important to strengthening your career.
During your paralegal career you may find that you’re often the liaison between the client and the attorneys you work for, which may be one of the most important duties you have. As the liaison, you keep the client informed of how the case is progressing and work with the client to get all the relevant case information. Then you accurately relay what the client tells you to the attorney who represents the client.
As a paralegal, you aren’t allowed to have your own clients. If you tell clients that you’re representing them in a legal matter, you’re probably guilty of the unauthorized practice of law. So, in every case, clearly communicate to the client your status as a paralegal. All your duties are supervised by a licensed attorney, which means that you communicate everything the client tells you to your supervising attorney. Attorney-client privilege doesn’t require or even allow you to keep any secrets from your client’s lawyer. ( You can find more on these and other ethical concerns for paralegals in Chapter 15.)
Administrating the legal environment
In some offices, you may work as a case administrator. An administrator handles the case details for a client and the attorney. For example, law firms have special accounts where they keep money that belongs to clients rather than to the firm. If a client wins a judgment or if money included in a will is being dispersed, that money passes though the accounts of a law firm. Or, you may keep track of the money bequeathed through a will if you work for a probate attorney.
In a small law office, your paralegal duties may also include administrating the entire operation, including the filing system, the calendar, and the billings. ( For more on how to manage these tasks, turn to Chapter 18.)
Why it pays to be a paralegal
Many people with dreams of working in the legal profession think first about becoming an attorney. The reality is that becoming a paralegal may make more sense than becoming an attorney. In general, paralegals don’t make as much money as the licensed attorneys they work for. However, some experienced paralegals, such as those working in large corporate firms, may make considerably more money than young attorneys in other areas like criminal and family law. For the sake of comparison, consider two imaginary college students who graduate from the same college in the same year and end up working at the same midsize corporate law firm three years later.
Ann decides to attend law school after graduation. Because of her good grades and LSAT scores, she’s accepted at a competitive law school, one that doesn’t offer many scholarships. So Ann has to finance her education with loans. The average cost of tuition, living expenses, and books at a competitive law school is more than $30,000 per year. Federally guaranteed loans only cover about half of this, so Ann has to take the rest in private loans with higher interest rates. At the end of her three years of study and her six months of preparing for the bar exam, Ann is in debt for $90,000. To pay off her loans within 20 years, Ann makes monthly payments of as much as $1,500 per month. Ann also had to forgo three and a half years of wages while she was in law school and studying for the exam.
John decided after graduation to become a paralegal. He chose a course of paralegal training that took about a year, but the classes fit his schedule so that he could also work full-time as an administrative assistant at a law firm. His tuition was much lower than Ann’s, and because he was working, John didn’t have to take out any loans at all. After completion of his course, John stayed with the firm as a paralegal instead of an administrative assistant.
By the time Ann is hired by the firm, John has already worked there for three and half years, the last three as a paralegal. He has earned raises each year and is making $45,000 per year. Ann joins the firm at a salary of $65,000 (a good starting salary for an attorney). Ann’s loan payments of $1,500 per month add up to $18,000 per year. So, when taxes are taken into account, John actually has more disposable income than Ann! In addition, John has saved $20,000 from his three and a half years of working, while Ann still has to pay off $90,000 in debt. In terms of wealth, John is starting out $110,000 ahead of Ann! Even if Ann’s salary rises faster than John’s, it will probably take about 20 years for Ann to catch up with John in terms of wealth.
As this example illustrates, for many people, becoming a paralegal is a better way to get involved in a law career.
On the Job: Where Paralegals Work
Paralegals work in many different areas of the law. ( For a sampling of some them, read Chapter 9.) Some paralegals choose to earn high salaries in corporate law or complex litigation. Other paralegals work for low-income clients or for public interest or environmental law firms. Some paralegals like the personal atmosphere of a small firm and others take control of their futures by starting their own paralegal businesses. There are as many different choices for paralegals as there are types of law!
The six-figure paralegal: Working for the big firm
If you think that attorneys are the only legal professionals capable of making six-figure salaries, you’re wrong! In bigger cities, experienced paralegals working for large firms can make more than $100,000 per year. Two factors have a big influence on the salary you can earn as a paralegal:
Your level of experience: The longer you work as a paralegal, the more valuable you become. ( That’s why it’s important to get started on your career as soon as possible.) As you develop your skills, you’ll be given more complex tasks and get paid accordingly.
Your area of specialization and the responsibilities of your job: If you choose to specialize in corporate law or litigation, you have a high earning potential. Increased salaries usually mean more responsibility. The highest paid paralegals often supervise other paralegals or have particularly important duties within the firm.
Here are some areas of the law where paralegals often make the highest salaries:
Litigation: Paralegals working in the field of litigation have some of the most interesting, and challenging, duties available to legal professionals. Litigation can be fast-paced and complex with dozens of potential witnesses and mountains of evidence. It takes qualified and talented lawyers and paralegals to deal with complicated litigation. If you aren’t afraid of intense work that often extends beyond the normal workweek, you may have what it takes to make a big salary in litigation.
Corporate law: Corporate law involves important and lucrative deals. Contracts, mergers, takeovers, and issuing of stock constitute just some of the activities of a corporate legal team. If you have an eye for detail and you’re interested in business, corporate law could mean a big deal for you.
Other special areas of law: Another way to make a high salary is to specialize. Paralegals are always in demand in certain specialties. These specialties require knowledge of more than just the law. For example if you have a degree in chemistry, you could specialize as a paralegal working with the pharmaceutical industry. Nurses find highly paid positions as consultants in firms that specialize in medical malpractice.
Examples of areas where your interests can turn into a high paying paralegal position include patent and trademark law, environmental protection and other areas involving science, and medical malpractice and product liability.
Jack or Jill of all trades: Working for the small firm
Working in corporate law, complex litigation or an unusual specialty might not be for you. Paralegals do tend to earn the most in these areas, but salary isn’t everything. Working in a small firm offers many advantages, and if you don’t want to live in one of the big cities in the United States, a small firm may be your best option.
As a paralegal in a small firm, you may find yourself performing diverse tasks while working on a wide variety of cases. You might be compiling asset information for a bankruptcy filing, interviewing witnesses for a child custody issue, helping a client draft a will, and assisting a small business with incorporation. Talk about multitasking!
If you like to constantly confront new challenges, if you like seeing your efforts have immediate results for real people, and if you’re flexible enough to do your best with any assignment you’re given, the small firm might be the choice for you. Plus, small firms often offer opportunities for fledgling paralegals to get their feet in the door.
Spreading the love: The pro bono paralegal
If you’re willing to sacrifice salary for public assistance, you could become a paralegal at one of the pro bono firms that work for justice rather than profit. These firms work to help disadvantaged clients, save the environment, uphold civil rights, and protect constitutionally guaranteed liberties. By working for one of these firms, you’ll pull in a modest salary but make a big difference!
Working for the government
A growing area of employment for paralegals is with the public sector. All levels of government and court systems employ paralegals. The biggest federal employer of paralegals is the Department of Justice, followed by the Social Security Administration and the Treasury Department, but nearly every cabinet department employs paralegals. State governments have been hiring new paralegals at increasing rates. Paralegals have been replacing licensed attorneys in bureaucracies because using paralegals saves governments lots of money.
If you choose to become a paralegal in the public sector, you’ll be a member of a bureaucracy. The public sector has more defined rules and procedures and more definite job descriptions and roles than the private sector does. Working for a small firm, you might be asked to perform just about any task required for a client. Working for the government, you’ll likely have a strictly defined job description and a firm knowledge of exactly what you’ll be doing each day.
The public sector pays less than large firms but generally more than small firms. Government employment also tends to be less risky then employment in the private sector. Government employees have more rights, including the protection of certain personnel procedures that don’t allow government employees to be fired on a whim. Government jobs also tend to provide excellent benefits packages. If you favor stability, a public sector job may be right for you.
Doing it your way: The paralegal as independent contractor
On the other end of the spectrum from stable government employment is the paralegal entrepreneur. If you don’t want to be tied down to a single firm, if you want the opportunity to work for different firms on different projects, or if you’re comfortable taking risks and reaping the rewards that come with being your own boss, you may choose to strike out on your own as an independent contractor.
Independent contractors are paralegals for hire. If a small law firm suddenly gets involved in big litigation, it needs lots of help. Instead of hiring a bunch of employees and paying them benefits, the firm may be better off contracting with a freelance paralegal. Of course, freelance paralegals still have to be supervised by an attorney. But, by creating your own paralegal contracting service, you can take more control of your professional life than you usually can working for one particular firm. ( For more information about setting up a freelance paralegal business, see Chapter 3.)
What It Takes: The Skills, Knowledge, and Training You Need
Gaining the skills you need to become a legal professional takes more than reading every John Grisham novel. Paralegals are skilled professionals. When you work as a paralegal, you won’t have your own clients, give legal advice, or argue a case in court (except in specific administrative law hearings), but you can do any of the other tasks that can only be performed by a skilled legal professional. Of course, you have to become a skilled legal professional first! To succeed as a paralegal, you need the right combination of personality and education.
The paralegal personality
The legal profession is a demanding one for attorneys and paralegals. The hours can be long, deadlines tight, and stakes high. The legal profession also has a strict code of ethics — just missing a deadline can be an ethics violation.
People with many different backgrounds and personalities can and have succeeded as paralegals. However, there are certain things that nearly all successful paralegals have in common. So when we talk about the right personality for the paralegal profession, we mean the group of characteristics that successful legal professionals — both lawyers and paralegals — tend to share.
Here are some of the main characteristics you need to survive in the legal profession:
You need the ability to reason. You don’t need to have aced the I.Q. test or earned a 4.0 GPA throughout your educational career to be a good paralegal. But you do need to be able to understand and analyze complex legal issues to interview witnesses, conduct legal research, or draft contracts.
You need to be reliable. The legal profession lives and breathes deadlines. In litigation, there are specific deadlines you have to meet for filing documents with the court. And you must meet these deadlines or suffer sanctions that adversely affect the client. In law, if you miss a deadline, your client may lose the case or lose the right to begin a case.
Your work should be thorough. Imagine that you provide research for the contents of a contract for a corporate client, and the contract contains a penalty if your client defaults. You think that you’ve found the cases that show how a court will interpret the default clause. So you decide to stop researching and submit what you have to the attorney. It turns out that another, more applicable, case gives a completely different interpretation of the default clause, and your client loses millions of dollars. The client could sue your firm, and the attorney supervising you could be disbarred because you cut corners in your research.
You must be trustworthy and discrete. Legal professionals hold a position of trust with their clients. You have access to clients’ private information, like financial information and private secrets that they may not have revealed even to family members. So, the most important rules of legal ethics center on maintaining integrity in dealing with clients. As a paralegal, you must respect attorney-client confidentiality and refrain from talking with anyone about a client. And if the people you work with lack integrity, you must be willing to report their behavior to your supervising attorney.
You’ve got to be tough. No matter how intelligent, reliable, and thorough you are, you’ll probably experience a setback at some time in your paralegal career. Maybe, despite your very best efforts, you’ll make a mistake that’s damaging to a client. Even when you do your job perfectly, factors beyond your control may produce an adverse outcome for a client whom you’ve gotten to know well, like losing custody of a child in a divorce proceeding. You need fortitude to go beyond these disappointments and move on to the next case.
You won’t always be perfect and outcomes won’t always seem fair. Think about your own resilience not only when considering whether you have the right personality for the paralegal profession but also in choosing the area of law to work in. Most paralegals work in civil, rather than criminal law, so a person’s life or freedom is not usually at stake, but setbacks in areas such as family law and litigation can really test your toughness.
Paralegal know-how
You need to have special skills to work as a paralegal. In the paralegal profession, there are big differences in salary based on levels of experience. Even if you don’t already have the specific legal education and experience that you need to work as a paralegal, certain skills contribute to your overall ability to thrive in the paralegal profession.
Here are some of the life skills that contribute to making someone a successful paralegal:
Writing skills: One of the most important skills for a paralegal is good writing ability, including a strong command of grammar and sentence structure. (If writing presents challenges for you, check out Chapter 16 to find ways to improve your writing.)
Your legal writing ability doesn’t need to be perfect when you begin your career. You’ll have lots of opportunity to practice your legal writing skills on the job.
Research skills: Basic research skills are essential to a successful paralegal career. In today’s world, this means not only being able to skim through a mountain of academic texts in the library but also using technology. If you’re already familiar with conducting online searches, legal research will come more easily to you. (Chapter 17 explains how technology fits into legal research.)
Communication skills: Most paralegal positions require lots of contact with other people. You deal with attorneys, other members of the law office, clients, witnesses, county clerks, and sometimes the media. So, being comfortable around a variety of personalities is an important career skill.
Education and experience: Two ways to train
You can learn the profession of paralegalism two ways: through formal education or on-the-job experience. Most paralegals incorporate a little of both.
Academia: Kinds of paralegal training
Currently, only the state of California mandates education requirements for paralegals. In all other states, there are no specific requirements to work as a paralegal. They leave that determination up to the attorney who hires and supervises a paralegal.
Most attorneys require some type of prior paralegal training when they hire, so most paralegals begin their careers with some sort of specialized training. Formal training is popular with employers because it gives their employees the basic paralegal skills that the employers don’t have time to train them on. Formal education is attractive to future paralegals because it gives them confidence to enter the job market and a hiring advantage over someone without training or experience. You may get hired without some sort of formal paralegal training, but you probably won’t be paid as much as you would if you had specialized education.
Another reason that formal education is increasingly becoming the standard for new paralegals is the availability and diversity of education programs. Paralegal programs come in a variety of shapes and sizes designed to fit the needs of future paralegals.
Certificate programs
If you’re interested in a paralegal career and have an associate’s or bachelor’s degree in any field or if you have legal experience as a legal secretary or law office administrator, a certificate program is perfect for you. Most certificate programs focus on the practical skills you need to work as a paralegal, so you won’t waste a lot of time learning legal theory. These programs can be completed in as little as six months or as long as two years. Because you learn specific law office procedures on the job, you don’t need a program that offers you more than a foundation in legal terminology, legal research, legal documents, legal process, and ethics.
Classes often accommodate the schedules of working adults, with night, weekend, and online offerings. And some attorneys may hire you with a reputable certificate of completion even if you don’t already have a college degree or prior law office experience.
Attempts at regulating paralegals
Because paralegals work under the supervision of a bar-certified attorney, they’re regulated under that attorney. In other words, states have regulated paralegals indirectly by regulating the attorneys who employ them. Therefore, most states don’t mandate specific education and experience requirements for paralegals, but several states are in the process of considering ways to regulate or license the paralegal profession.
Currently, the exception is California. The state of California says that to call yourself a paralegal, you must have a certain level of paralegal training or job experience. The state leaves it up to the supervising attorney who hires the paralegal to make sure the paralegal meets the qualifications.
We offer paralegal certificate programs through colleges and universities nationwide. You can find out more about our programs at www.legalstudies.com. For most future paralegals, a certificate fills the bill.
Associate’s degree programs
The job market in your community may dictate that you have a degree before you work as a paralegal. Community colleges and some state and private four- year institutions offer two-year programs in paralegal studies. Many of the classes are geared towards the paralegal profession, as they are in a certificate program, but you also take the core courses required to earn your associate’s degree.
If you don’t have a college degree or law office experience, associate’s degree programs may be the quickest way to enter the profession.
Bachelor’s degree programs
A few colleges and universities offer a major or a minor in paralegal studies, but these programs are still pretty rare. These programs are designed around a four-year bachelor’s degree and include 30 credit hours of paralegal courses. The advantage of these programs is that you earn a four-year degree and get trained as a paralegal at the same time.
If you’re planning on going to college and thinking of becoming a paralegal, a bachelor’s degree is a good option to explore. However, if you want to enter the paralegal profession sooner rather than later, certificate programs and two-year degrees get you into the job market faster with less education debt.
On-the-job training: Experience
Some of the most successful paralegals earned their positions by working their way up in law firms. You may start as a legal secretary, filing clerk, or mail clerk, and with time and proven ability gradually take on paralegal duties until you move into a position of performing primarily paralegal tasks. This method of entry into the paralegal profession has some obvious advantages: You don’t have to pay tuition, and you start earning a salary right away.
The downside to relying completely on working your way to a paralegal position may outweigh the advantages, however:
Securing an entry-level position without prior training may be difficult. Some attorneys require that their legal secretaries have specialized training, so you may need to go to school to work in any position in a law office. Attorneys don’t have a lot of time to train staff. You’ll be competing for jobs with people who have legal education or experience, so they already have the specific skills you’re hoping to learn on the job.
Entry-level work in a law office may not interest you. Legal secretaries, file clerks, and mail clerks offer invaluable services to attorneys, but their duties are primarily clerical. If this type of work doesn’t interest you, you may be disappointed with the amount of time it takes you to acquire paralegal duties.
Working your way to a paralegal position could take years. There are no guarantees that experience will lead to a paralegal position in your law office. You may be passed up by new hires who have more education than you do and end up having to complete a certificate course to show your employer that you have what it takes to work as a paralegal.
Unless you’re already working in a law office, planning to get a paralegal job without special training is probably impractical.
If you already work as a legal secretary and feel you’re ready for additional responsibility, you may want to approach your employer for paralegal duties or seek a position in another firm that allows you to do paralegal work.
If you’re just starting out, we recommend that you complete paralegal training. It’ll make you more competent, confident, and attractive to future employers.
Chapter 2
Membership Has Its Privileges: Paralegal Associations and Their Certification Exams
In This Chapter
Figuring out whether to join a paralegal association
Determining whether getting certified is worthwhile
Some of the decisions you make when you become a paralegal include whether to join an association of paralegals and whether to take steps to become certified. If you decided to become a member of a paralegal group, you have many types to choose from. And, because certification is voluntary for paralegals, different types of processes exist. This chapter helps you sort through your options for joining an association and becoming certified.
To Join or Not to Join
Depending upon your time, availability, and proclivity toward joining organizations, you may decide to join a local, state, or national paralegal association. But keep in mind that no one has to join a paralegal association to practice paralegalism.
In addition to enhancing your knowledge about new areas of law, association membership can lead to jobs by networking with other members. Because virtually all paralegal associations require that you pay annual dues and aspire to promote the ethical practice of the paralegal profession, you probably don’t need to join more than one organization. A major consideration when you’re figuring which one to join is whether you prefer a local, state, or national association, because each type has distinct advantages. We cover these questions in the following sections.
Characterizing the types of associations
You’ll find paralegal groups on the national, state, and local level. Each level has something a little different to offer, but generally you’ll probably get more out of joining a local association than you will from signing up with a national one.
Reaching out: National paralegal organizations
A number of purportedly “national” paralegal groups have existed since the inception of the relatively young career of paralegalism. In terms of membership numbers, the two largest national collections of paralegals are
National Association of Legal Assistants ( NALA; www.nala.org): NALA represents about 20,000 individual paralegals and about 90 state and local paralegal associations.
National Federation of Paralegal Associations ( NFPA; www.paralegals.org): NFPA is a voluntary organization of more than 60 state and local paralegal associations representing more than 15,000 paralegals who are members of those other associations, too.
Both of these national organizations publish periodicals, sponsor continuing education seminars, and offer tests for members to be named a Certified Legal Assistant (CLA) with NALA, or a PACE Registered Paralegal (RP) with NFPA.
NALA and NFPA differ philosophically on moves to regulate the paralegal profession. Recently, NFPA, endorsed the move for limited licensure of paralegals in California at a time when NALA opposed further governmental interference in the paralegal profession. It’s difficult to determine whether these national associations truly speak for the best interests of the public, because they take very different positions on the important issue of licensing. NALA tends to oppose proposals for licensing, whereas NFPA tends to favor limited licensing of paralegals as long as the proposals expand the authority and practice areas for paralegals.
Shying away from involvement with NALA or NFPA may be the most advisable approach to adopt because there are so many politically active state and regional paralegal organizations that offer virtually the same advantages as the national ones at a fraction of the cost.
Staying stateside: State paralegal organizations
Virtually every state has one or more association of paralegals, and many of them are affiliated with the large national paralegal association, NFPA. Organizations may be for residents of just one state, or they may encompass larger regions consisting of several states (like the Rocky Mountain Paralegal Association, which covers Colorado, Nebraska, South Dakota, Utah, and Wyoming).
State paralegal groups usually offer a better organizational structure than local groups do and are more personal than the national organizations.
Sticking close to home: Local paralegal associations
A local organization of paralegals exists in virtually every large metropolitan area. Local groups usually affiliate with one of the larger national paralegal organizations. Local paralegal organizations offer you a lot of personal contact with local resources. In fact, the headquarters of a local association are usually located solely in the association president’s office.
