As the society in which we live becomes more complex, more and more people need the services of attorneys. Legal questions affect all aspects of our business, economic and personal lives. People often turn to attorneys for help in such matters as real estate transactions, divorce, adoption, business organization, estate planning, bankruptcy or litigation.
To help you with these problems, attorneys often use employees called "paralegals" or "legal assistants." The team of individuals who will work with you may include both attorneys and paralegals. The purpose of this brochure is to help you understand what a paralegal is and the role he or she may play in your case.
What is a Paralegal?
A paralegal is a person who is qualified through education, training or experience to perform legal work under the direction and supervision of an attorney. Paralegals perform a large variety of tasks that would otherwise be done by attorneys. The paralegal profession is a fairly new field, but it is growing steadily not only in size, but also in well-deserved recognition throughout the legal community.What Do Paralegals Do?
Paralegals perform a wide variety of legal work under attorneys' supervision. Except for trying cases in court and giving legal advice, there are very few things paralegals can't do. For example, paralegals may:- investigate facts;
- interview clients and witnesses;
- research legal issues;
- draft legal documents, including:
- deeds
- petitions and pleadings
- contracts and agreements
- wills and trusts
- incorporation documents
- bankruptcy schedules.
- Assist the attorney during trial
- Prepare tax returns
- Correspond with clients and third parties
- Incorporate businesses
- Obtain factual and statistical information electronically
- Gather and organize information
Where Do Paralegals Work?
Paralegals are employed wherever there is legal work to be done. They work for:- large law firms;
- small law firms;
- solo practitioners;
- various federal, state and local governmental agencies;
- in-house legal departments of corporations
- insurance carriers
Why Do Attorneys Use Paralegals?
Attorneys use paralegals for a number of reasons, but probably the most important ones are saving time and money. This savings can be passed on to you, the client. Attorneys who use paralegals can provide more efficient legal services by concentrating on the type of legal work that only they can perform while delegating other matters to the paralegals. As a result, your legal problem may be solved more quickly. Because paralegals are skilled professionals working under the attorney's direct supervision, you are assured of receiving high quality legal services.What is the Paralegal's Relationship with the Client?
Paralegals work under the supervision of attorneys, but paralegals frequently engage in direct client contact. Paralegals have face-to-face meetings as well as telephone conversations with clients in order to give or request information. Paralegals review and explain documents to clients, bring clients up to date on the status of cases, help clients get ready for court and answer clients' questions. Paralegals do not give legal advice, but they may relay advice to clients from attorneys.What Education or Training Do Paralegals Have?
Most paralegals receive their education from a college which offers specialized legal courses for paralegals. Some paralegals complete their paralegal education as part of a college degree program; others attend paralegal training programs after having completed an undergraduate degree; and some receive extensive on-the-job training. While educational requirements may vary, most paralegals are well-trained in such basis skills as:- legal research and writing
- document drafting
- investigation
- oral and written communications
- analyzing facts
- technology
- legal ethics
What are the Ethical Obligations of Paralegals?
Although there is no certificate or license required to become a paralegal in Missouri, paralegals are bound by the same ethical standards as attorneys. All information you give them is kept confidential, and they are not allowed to discuss your case with anyone outside their offices. The Missouri Rules of Professional Conduct require attorneys to supervise paralegals appropriately. The attorney is ultimately responsible for the paralegal's work. An attorney can face disciplinary consequences for failure to adequately supervise a paralegal's work.There are also two national organizations for paralegals, the National Association of Legal Assistants (NALA) and the National Federation of Paralegal Associations (NFPA). Each has adopted its own code of ethics to assist paralegals in their work.
Will the Client be Billed for Paralegal Services?
When you receive a bill from your attorney, you may see a charge for paralegal time for certain services. This fee will be at a lower rate than what the attorney charges. These fees will only be charged for professional services done by a qualified paralegal not for secretarial or clerical tasks. If your attorney charges you a flat fee or has taken your case on a contingency basis, you may not receive a bill itemizing paralegal services.For more information, contact:
The Missouri Bar
Paralegal Committee
P.O. Box 119
Jefferson City, MO 65102
The Missouri Bar, P.O. Box 119, Jefferson City, MO 65102-0119