PARALEGAL COMMITTEE
The Paralegal Profession: Sharing the Music PP
resident Lincoln said, “with firmness for the right as God gives us to see the right, let us strive on to finish the work we are in.” For most of my life I thought my “right” was to be an attorney. I earned my BA in History and was to go on to law school. However, life, with its twists and turns, often surprises us. Law school eluded me for various reasons, not the least of which was monetary. However, one night in July 2014, after much thought, I decided to pursue a paralegal degree. During this time, I experienced an overwhelming transformation of my perception of success. So why do I love my profession so much and how does it offer me fulfillment? I think to best answer such a question, it is necessary to define and offer the history of the profession. The American Bar Association defines a paralegal as “…a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.”1 The paralegal profession is rather young finding recognition in 1967 when the American Bar Association began to “endorse the use of paralegals”.2 In 1975, the ABA set the first educational guidelines for paralegals.3 Today these guidelines require exposure to multiple areas of law and their particular logistical needs by teaching substantive law and procedure. A graduate of such a program is equipped to conduct client and witness interviews, draft pleadings and motions, perform legal research, organize and analyze discovery and prepare a trial notebook as well as many other tasks. Essentially, a paralegal is qualified to do the same tasks as an attorney save the following: • A paralegal cannot represent a client in court. • A paralegal cannot establish an attorney-client relationship and must insure the client knows they are a paralegal and not an attorney. • A paralegal cannot set fees.
26
Dayton Bar Briefs April 2018
• A paralegal cannot give legal advice. • A paralegal cannot sign pleadings, motions or other court documents. Although these limitations exist, paralegals can provide significant benefits to a law firm. The use of paralegals can reduce costs and create more revenue for the firm as the hourly rate set for paralegals is significantly less than that of attorneys. This appeals greatly to clients as their legal fees can be reduced, which in turn often enables them to continue to pursue their legal matter. It also allows for growth in a firm’s client base
By Sharalie Albanese Chair, Paralegal Committee
gals. The Dayton Bar Association Paralegal Committee, for example, offers meetings where paralegals can network and be armed with resources to enhance their skills. As paralegals are often tasked with the logistical aspects of the firm, they need resources that enable them to find correct answers quickly. Having a network of paralegals offers a plethora of experience and knowledge that is beneficial to not only the personal success of the paralegal, but also the success of the law firm. By encouraging participation in such organizations, the firm recognizes their paralegal’s contributions are indispensable while also nurturing the paralegal’s career. We often yearn for what we do not really wish to obtain. I thought I longed to be an attorney; however, what I truly longed for was to help people. This is true for many paralegals as well as attorneys. Oliver Wendall Holmes once said, “Many people die with their music still in them. Why is this so? Too often it is because they are always getting ready to live. Before they know it, time runs out.” For me, as for many others, pursuing a career as a paralegal shares that music I hold inside me. Endnotes: https://www.americanbar.org/groups/paralegals/ resources/current_aba_definition_of_legal_assistant_paralegal.html 2 How is the American Bar Association involved with the paralegal field? https://www.americanbar.org/ groups/paralegals/resources/information_for_lawyers_how_paralegals_can_improve_your_practice. html 3 Id. 4 https://www.americanbar.org/groups/probono_public_service/resources/pro_bono_role/paralegals. html 1
as paralegals can manage caseloads, with the supervision of their attorney, and prepare cases for trial, which in turn enables the firm to take on more clients. The use of paralegals can also promote taking more pro bono cases.4 As paralegals can manage caseloads, they are a benefit when doing pro bono work. This allows the firm to perform this assistance without overburdening the attorney. This also encourages community involvement. As attorneys, most understand that networking in the legal field is beneficial to gaining success. This is also true for parale-
937.222.7902