Paralegals, Day In and Day Out

Posted on October 31, 2010 by Les Scammell

I’m a fan of state paralegal days and weeks, and have posted regarding some of the declarations promulgated by governors designating these events. So I was pleased to see lawcrossing.com’s article on paralegal days. I especially like the Michigan statement of Michigan Governor Jennifer M. Granholm website that “the Bench and Bar have been able to respond to the dramatic increase in court caseload in recent years as a result of the evolution of the paralegal profession” and “the citizens of Michigan are better able to afford quality legal services because of the evolution of the legal profession.”

As the article notes, “Although paralegal days differ from state to state, the theme of appreciation that inspires them is the same,” but this declarations acknowledges not only that “paralegals have made to the legal profession over the years by taking on a large amount of legal work previously done only by attorneys,” but that the paralegal profession is evolving. Recognition of that evolution is helpful towards further evolution of the profession and, I believe, the evolution of a solution to access to justice problems that goes beyond simply allowing “”the Bench and Bar have been able to respond to the dramatic increase in court caseload.”

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Proving Prevailing Paralegal Rates

Posted on October 31, 2010 by Les Scammell
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Legal.com brings us another case in which the court has ruled on the reasonableness of paralegal fees as part of an award of attorney’s fees: MARTINEZ v. JOHARY Case No. 5:08-cv-148-Oc-10GRJ. This case is a bit more straight-forward than the last in which the court had to distinguish between paralegal and non-paralegal (clerical) services. In this case, brought under the Fair Labor Standards Act, the employees attorney had submitted an affidavit pegging her rates at $300 an hour and the paralegal’s at $105 an hour.

The court did not have a problem with either rate per se, but was concerned that the rates were not those “prevailing” in the local market, which the court determined to be the U.S. Middle District of Florida (as the case was pending in that court). The problem was……….

……………This poses an interesting problem for attorneys seeking recovery of paralegal fees on behalf of a client. What evidence might they provide, other than their own affidavits, of the prevailing rates for paralegals of varying degrees of experience and skill leval in the local market.

It seems to me that local paralegal associations may have a significant role to play in tracking such data and providing the necessary affidavits for inclusion with motions for fees. This ought to be better data than the court’s own “competence and experience,” which is likely to be limited to attorney affidavits filed in other cases unless the judge is fairly new to the bench and has had recent experience paying paralegals.

Another question is how one would determine the skill level of the paralegal. Here it would seem that one or more of the certification programs provided by organizations like NFPA, NALA, OLP, etc., might come into play.

On both issues, this appears to be an opportunity for paralegal associations to gain a greater presence as professional organizations.

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“Googling” Judges in the Court Room… Supreme Court Says OK

Posted on October 31, 2010 by Les Scammell
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Courtrooms have been or most are equipped with Wi Fi Internet access.  If you’re like me, you were the paralegal sitting outside of the courtroom are to get some research done, while your lawyer in the courtroom and once in a while is sitting, you get some cryptic note you understand and research at a moment’s notice.

Currently, there is nothing in the Act, which preclude counsel, technology, client’s courtroom use while in use.

In 2009 decided during a medical malpractice case, Morris County Superior Court judge, that the plaintiff’s counsel his wireless laptop while could use judges name to Google in court because he advise the Court in advance it while researching in the courtroom and therefore with advantage over Defender his würde.Der judge instruct plaintiff’s counsel to close the laptop.The judge never quoted a certain authority or rule of court instead stating the issue: “the rule is my courtroom and I control it.”

A Court of Appeal annulled the decision of says that while judges can trial and should have discretion and control over your Gerichtssälen.Dass discretion and control not be unreasonable to judge the authority to act.

“The pitch was in fact, already level ‘ because Internet access for both counsel was open, even if only one of you to use it.”The Court said the Aug. 30 in Carino v. coins, m.d, A-5491-08.

New Jersey law journal article September 13, 2010

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Paralegals Are In High Demand

Posted on October 17, 2010 by Les Scammell
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In order to save money, many people are now seeing a nurse practitioner instead of a doctor. The same is starting to happen in law. To save money, people are hiring paralegals to do the work of attorneys. Because of this, paralegals are one of the hottest professions in the U.S.

A paralegal assists a lawyer in much of the grunt work, such as doing research and filings before a court hearing, make sure that relevant facts to such matters gets properly introduced, write written reports and even help a lawyer obtain the affidavits, motions and whatever else is needed to instigate a lawsuit. They usually are also heavily involved in the filing and maintenance of an attorney’s paperwork, billing and other related paper work.

As it happens, paralegals can be found in more than just law firms. Any corporation that keeps in house corporate counsel has their share of paralegals. Most state, local and federal agencies also keep a number on staff. Like lawyers, paralegals also are forced to specialize. One could only work on criminal matters while another specializes in contract, financial or tax law.

What’s certainly distinguishes a paralegal from a lawyer is the level of education. Where a lawyer has to get his or her J.D. and pass the Bar, paralegals need only take a 2-year program. In fact, most paralegals start off as high schoolers with strong grades in the humanities, logic and communications courses. From there, they can choose from nearly 1,000 different programs to become a paralegal. Because of this, one should sit down with a counselor before settling on a school.

After getting their degree it is a good idea to get employed and continue one’s education. Unlike attorneys, a paralegal does not have to take any kind of professional final exam like the Bar, but they don’t hurt either. There are two particular advantages for paralegals to continue schooling through. The first is to stay up to date in the ever evolving world of law. The second is for the possibility of also becoming a lawyer.

Income for paralegals is highly dependent on who they work for. Those who work in a governmental position generally earn considerably less than those who work at a Wall Street law firm. According to the Bureau, those working for the federal government get paid best of all with an average salary of $58,000 annually. In general, the range otherwise goes from $44,500 to $56,000 a year.

As for the future, the Bureau anticipates and incredible growth rate of 28% over the next decade. A key reason is a lot of work that used to be done by attorneys is now being handled by paralegals, primarily as a way to cut legal costs. Many companies now have one or two lawyers supervising a bank of paralegals through everything from research to filing court papers. This means that over the next ten years, the number of paralegals employed in the U.S. is expected to jump from 260,000 to nearly 340,000.

Underpinning all this is an online degree. If one can save money employing someone with their online degree education and an online paralegal degree.

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Choosing the Right Paralegal Courses

Posted on October 16, 2010 by Les Scammell
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Paralegals typically have a bachelor’s degree to help them professionally assist lawyers or corporations and government agencies dealing with the law. Paralegals help lawyers navigate the large amounts of paperwork generated in legal proceedings by indexing, photocopying, and filing. Paralegals also may hold hearings or interview witnesses. A job as a paralegal may help a recent college graduate get into law school, it may help a professional make connections and gain experience to enter law, business, or government, or it may be a rewarding career in itself.

In 2001, the National Federation of Paralegal Associations (NFPA) estimated that 84 percent of paralegals had formal paralegal education beyond an associate’s or bachelor’s degree. Numerous courses exist to help paralegals advance their careers.

Before choosing any program, however, the NFPA urges paralegals to critically evaluate the program. Make certain the program is approved by the American Bar Association. The NFPA provides a list, for a small fee, of accredited paralegal training programs. Online directories can also help a paralegal find a program, either online or at a local college or university.

Many of these paralegal programs are also online. A quick search on the Internet reveals several online paralegal courses. Kaplan University, Keiser College, Saint Leo University, the University of Phoenix Online, and Berkeley College all offer online paralegal education programs. Online schools can lead to paralegal certificates, paralegal associate degrees, paralegal bachelor’s degrees, or law certificates. Online courses let paralegals learn, for the most part, at their own pace.

Online introductory courses prepare a paralegal for the legal environment. More advanced studies allow paralegals to learn about management, or specialize in fields like civil litigation, criminal law, or business contracts. Online courses may also boost the career of an experienced paralegal who does not have a bachelor’s degree.

Online courses allow paralegals to learn more and specialize, opening the door to more opportunities for advancement in this rapidly growing field.

Paralegals Info provides detailed information about paralegal jobs, schools, training, courses, certificates, and services. Paralegals Info is the sister site of Notary Public Web.

Article Source: http://EzineArticles.com/?expert=Kent_Pinkerton

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How To Become A Paralegal

Posted on October 2, 2010 by Les Scammell
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These days there are a number of options open to those who wish to enter specific fields, and the field of paralegal work is no exception.  After you have all of the facts in hand, you will then be prepared to decide which particular option will work best for you.

One of the first important points to consider before you make this decision is what the result will be from your paralegal training.  After you have successfully completed your course of study, you will receive either a career diploma, a certificate, or a degree, depending on the school you have chosen and the program that it offers.

The reason why this is relevant is that some law firms and other businesses which hire paralegals have specific requirements regarding which they prefer or accept.  If you have a law firm or business in mind for where you would like to work, this may influence your decisions.

After you have made the decision about which achievement you wish to attain, it is then time to explore your options!

For many people, pursuing a paralegal diploma, certificate, or degree, will begin at a nearby university, community college, or specialized career college.  There are a number of factors which can influence your decision about pursuing your paralegal course of study in this manner, so it is essential to weigh both the positive and the negative aspects.

If you elect to do your coursework at a college or a university, one of the most important benefits is that you will have one-on-one interaction with your educators in the classroom setting.  This factor in itself makes classroom learning the most appealing to many people.  In addition, when you are in this type of learning situation, you will find it quite easy to request extra help with your studies if you should need to do so.  You will also have the added benefit of being able to personally interact with other students who are in the same course of study.

For many, however, the two main drawbacks to traditional classroom study are the factors of time and cost.  While these are generally lesser issues for younger students, older people who have family and/or job responsibilities may find it quite difficult to make the time for regular classroom study, as well as being either unable or unwilling to take on the obligation of student loans to pay for education in a traditional setting.

The best answer to the time and expense factor is distance learning.  If you need to fit your coursework into the responsibilities of your daily life, and/or if you would not think it wise to take on student loans, distance learning is the best way to reach your goals.  You will be able to schedule your coursework as it works the best for you;  and you can do so in the most cost-effective manner.

The bottom line is that whatever your personal situation may be, you can find the type of paralegal coursework that will best suit your needs.

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Duties and Responsibilities Of A Paralegal Professional

Posted on September 20, 2010 by Les Scammell

Although paralegals work in a diverse range of businesses, almost all are employed in either law firms, government or government entities, or in corporate legal sections. Within these entities, paralegals are normally responsible for a areas that include bankruptcy (both personal and business), business and corporate law, criminal law, family law, labor law, litigation, immigration law, intellectual property, and real estate law to name a few.

As time has gone by, laws and legal requirements have become more complicated and this has led to many paralegals becoming specialists. Even then, within each specialty, roles and responsibilities have been broken down even further ( read more on paralegal work here).

A good example is in labor law where a paralegal may choose to specialize in employee benefits. Generally speaking, the smaller the law firm the less opportunity there is to specialize. As a result, most paralegals that really want to specialize seek out employment with large law firms. If you’re looking for a start as a paralegal, there are often more opportunities in these small law firms.

Another term frequently used for a paralegal is legal assistant. No matter what name you use, the role of a paralegal is expanding and it can be difficult to determine who the lawyer is and who the paralegal is. Legally, paralegals are not permitted to do anything anything that is normally considered to be a ‘practice of law’. This includes tasks such as trying a court cases, offering legal advice and setting legal fees for a particular case. Having said that, it should be remembered that a lawyer is ultimately responsible for a case regardless of the work undertaken by a paralegal, legal assistant or even a legal secretary. Therefore, paralegals always work under the guidance and supervision of a qualified lawyer.

The Village Lawyer, painted 1621.
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One of the more interesting duties of a paralegal is in assisting a lawyer prepare for a trial. The paralegal will help to investigate case facts, perhaps even assist by interviewing key witnesses. The paralegal is also responsible for collating all the pertinent information related to that case. This includes researching legal articles, judicial decisions (known as precedents) along with any  other important information.

Once a paralegal has gathered and organized all the key information, they will generally prepare a written report that the lawyer can use when making a decision on the direction a case should take. Since the lawyer has not been closely involved with the day-day progress of the case, they rely heavily on this written report. If a decision is made to file a lawsuit, a paralegal is then generally called upon to draft motions and to prepare legal arguments that will filed with court. It is generally the role of the paralegal to track, collate and organize all the vital case documents ready for the lawyer to use. Large law firms have teams of paralegals, all often working on the one case. Each will bring a specialty to the table, for example, one paralegal may be an expert at researching case law while another is an expert at writing motions or legal arguments. Organization of case files is extremely important in these situations.

The role of a paralegal can be some what boring as well. Some of the more mundane duties include drafting mortgages, writing contracts, preparing bankruptcy documents,  and writing separation agreements. other responsibilities include estate planning, preparing wills and pre-nuptial agreements, and establishing trust funds.

One of the most important skills in a paralegals repertoire today are computer skills. There are many records now stored on computer, often in legal databases contained on cd-roms. The Internet has also become an important research tool. Being able to use a word-processor, spreadsheet and database are also a requirement. These days it is quite common to see paralegals in court with a laptop rather than a briefcase full of documents. In most cases, documents are scanned into the computer – this makes finding them a quick and easy task – a necessity if a lawyer needs to refer to a document half-way through questioning a witness.

The duties and responsibilities of a paralegal can be wide and varied depending on the size of the legal office they are working in. Of course, the main factor that will determine a paralegal’s area of responsibility is the type of business or organization they are employed in. The more experienced a paralegal is, the more responsibility they shoulder including being selected as a team leader for a particular case. This places them directly behind the lawyer in terms of responsibility for a case. While we all see lawyers when we have legal issues, it is generally one or more paralegals that do all the work – the lawyer just puts the finishing touch to any case.

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Legal Assistants and Paralegals – The Future Is Bright

Posted on September 16, 2010 by Les Scammell

One of most common ways to become a legal assistant or paralegal is through a community college program that leads to an associate’s degree. Another common route; primarily for those who already have a college degree, is through a program that leads to a certification in paralegal studies.

Many legal assistants and paralegals have associate degrees in paralegal studies or a bachelor’s degree paired with a certificate in paralegal studies. Currently, a small number of schools offer bachelors’ or masters’ degrees in paralegal studies. A few employers train paralegals on the job, hiring college graduates with no legal experience or promoting experienced legal secretaries. Others have gained experience in a technical field useful to law firms, like tax preparation for tax and estate planning, criminal justice, nursing or health administration for personal injury practice.

With 250+ paralegal programs approved by the American Bar Association (ABA) and an estimated 1,000 colleges and universities, law schools and proprietary schools offering formal paralegal training programs – the field is highly represented. Although many programs don’t require ABA approval, graduating from an ABA-approved program can enhance one’s employment opportunities – it’s a credibility thing for some employers.

Program admission requirements vary greatly – from a few college credits or courses to a bachelor’s degree for others, to high school graduates, those with legal experience, passing a standardized test, to simply having a favorable personal interview.

Many legal assistant and paralegal programs include 2-year associate degree programs, 4-year bachelor degree programs and certificate programs that can take as little as a few months to complete. Most certificate programs provide intensive and specialized paralegal training for individuals who already hold college degrees. On the other hand, associate and bachelor degree programs usually combine paralegal training with courses in other academic subjects.

Obviously, the quality of paralegal training programs can vary with the higher quality programs usually including job placement services.

Courses range from introducing students to the legal applications of computers, including how to perform legal research on the Internet to more and more paralegal training programs offering internships to assist students in gaining practical experience by working for several months in the real world. Internships could be with a private law firm, the office of a public defender or attorney general, a bank, a corporate legal department, a legal aid organization or a government agency. Clearly, the experience gained is an asset when one is seeking a job after graduation and for many can lead to a job with the company they interned with.

Most employers don’t require certification but earning a voluntary certificate from a professional society does have its advantages when it comes to finding a job. The National Association of Legal Assistants (NALA) has established standards for certification that requires various combinations of education and experience. Paralegals who meet their standards are eligible to take a 2-day examination, offered three times a year at one of several regional testing centers. Those who pass can then use the Certified Legal Assistant (CLA) designation. NALA also offers an advanced paralegal certification for those who want to specialize in specific areas of the law.

The Paralegal Advanced Competency Exam offers professional recognition to legal assistants and paralegals that have earned a bachelor’s degree and have at least 2 years of experience. Once they pass this test they can use the Registered Paralegal (RP) designation.

Legal assistants and paralegals must have the ability to document and present their findings and opinions to their supervising attorneys. They also need to understand legal terminology, have good research and investigative skills and be able to do legal research using a computer and the internet. They also need to stay abreast of new developments in the laws that affect their area of expertise. The most common way many legal assistants and paralegals expand their knowledge is by participating in continuing legal education seminars.

Because legal assistants and paralegals deal with the public on an ongoing basis they need to be “shining examples” of ethical standards for the legal profession. The National Association of Legal Assistants, the National Federation of Paralegal Associations and a few States have established ethical guidelines for them to follow.

Employment Outlook

Legal assistants and paralegals held about 224,000 jobs in 2004 with about 70% being employed by private law firms; most of the remainder worked for corporate legal departments and various levels of government. Within the Federal Government, the U.S. Department of Justice is the largest employer, followed by the Social Security Administration and the U.S. Department of the Treasury. A small number of paralegals own their own businesses and work as freelance legal assistants, contracting their services to attorneys or corporate legal departments.

As a whole, employment in this field is projected to grow much faster than average. The current trend of employers trying to reduce costs by hiring paralegals to perform duties formerly carried out by lawyers is expected to continue into the foreseeable future. As a result, employment opportunities are projected to grow much faster than average for the next 10 years or so.

As in all fields, compensation varies greatly due to the high number of variables but in general, salaries depend on education, training, experience, the type and size of employer and the geographic location of the job. As a whole, legal assistants and paralegals who work for large law firms or in large metropolitan areas earn more than those who work for smaller firms or in less populated regions. In addition to salary, many also receive bonuses. In mid 2004, the average salary for all legal assistants or paralegal was a tad over $39,000 per year.

This article may be reproduced only in its entirety.

Kevin Erickson is an entrepreneur and writer. For other articles he’s written visit: Paralegal Schools | Travel Nursing | Medical Transcription

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Approved paralegal programs has a range of interesting and related articles particularly on the subject of entry level paralegal work.

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A Look at Paralegal Jobs

Posted on September 15, 2010 by Les Scammell

Paralegals support lawyers by organizing the massive amounts of paperwork law offices generate, running the office smoothly, helping to draft documents and interviewing witnesses. Paralegals may work for lawyers, corporations, or government agencies. In general, a college degree is sufficient education to become a paralegal, although courses do exist to train and certify paralegals. The National Federation of Paralegal Associations estimates that 84 percent of paralegals have some form of form paralegal education.

Several specific types of paralegal jobs are available. Litigation paralegals help prepare documents for trials. Corporate paralegals prepare paperwork for business dealings. Probate paralegals interview clients and prepare tax and financial documents. Real estate paralegals prepare closings and research land laws. Government paralegals work for the White House, the Justice Department, or the Federal Trade Commission and may organize evidence, answer questions for the public, or conduct hearings. Employment paralegals do work similar to a litigation paralegal, but work specifically with unions or discrimination cases.

The average starting salary of a paralegal is about $21,500 while working normal hours. Most law firms, however, require that paralegals work more hours than the typical nine to five, Monday through Friday work week. The extra overtime could bump a beginning paralegal’s salary up to almost $60,000 a year. An experienced paralegal can expect to make around $40,000 a year, about the national average, with life and health insurance benefits.

The National Federation of Paralegal Associations estimates that 84 percent of paralegals have had some formal paralegal education. A paralegal’s specialization determines what fields he could work in, for example medical law or labor movement organizations. According to a 2001 survey, about 25 percent of paralegals have an associate’s degree, about 50 percent of all paralegals have a bachelor’s degree, and eight percent have either a master’s degree or a J.D. degree. Certificate or degree programs are available for paralegals who wish to have more training. At a minimum, the National Federation of Paralegal Associations recommends that aspiring paralegals have a two-year degree with an emphasis on paralegal studies. A bachelor’s degree, however, is recommended.

A paralegal’s resume should list education, experience, awards and highlight writing abilities, professional and personal skills. Sample paralegals resumes are readily available on the Internet. Be sure to attach a cover letter, as you would when applying for any other job, stating your interest and describing the skills that make you a perfect candidate for the job. Sample cover letters are also posted on the Internet.

A simple way to find a law firm is to go to the local library and skim through Martindale Hubbell, an index of every lawyer in the country organized by city and law firm. Online sites also allow registered users to browse hiring law firms.

Paralegals Info provides detailed information about paralegal jobs, schools, training, courses, certificates, and services. Paralegals Info is the sister site of Notary Public Web.

Article Source: http://EzineArticles.com/?expert=Kent_Pinkerton

Find more information on paralegal work, paralegal training and approved paralegal programs.

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Are You Considering Paralegal Work?

Posted on September 7, 2010 by Les Scammell

Paralegals are not legal secretaries. Paralegal work involves duties that are of a legal nature, often appearing on behalf of a lawyer when talking to clients, witnesses, or others involved in a particular case. Because a paralegal is appearing on behalf of a lawyer, they require a more intimate knowledge of the law than a legal secretary does. Continue reading →

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