PRACTICAL TRAINING

TOPIC-ROLE OF
PARALEGAL SERVICES IN
LEGAL PROFESSION

B FOURTH YEAR ,ROLL NO-50,

PROFESSOR-DR. PARMILA DHIMAN
For those outside the legal world, it can be quite confusing to understand the different
terminologies used while describing a legal professional. For example, a lot of people
end up substituting an attorney for a paralegal. They think that the job of a lawyer and
a paralegal are the same. But in reality, that is not the case. To clear the confusion, let
us understand what is a paralegal and its meaning.

MEANING
AND
DEFINITION
OF A
PARALEGAL

Paralegals, or legal assistants, work in private law firms or in the public sector and
perform support tasks for attorneys.
Paralegals assist attorneys by preparing for hearings, trials, and meetings and by
maintaining communication with clients.
These legal professionals can provide numerous legal services, although tasks that are
considered practicing law, such as representing a client in court, are prohibited.
Paralegals perform tasks requiring knowledge of the law and legal procedures.
The exact nature of their work and limitations that the law places on the tasks they are
allowed to undertake vary between nations and jurisdictions.
A paralegal is not a lawyer but is typically employed by a law office or internal legal
department of a company.
Paralegals generally are not allowed to offer legal services independently in most
jurisdictions.
Paralegals operate under a form of independent legal ethics and, with few exceptions,
must also conduct their work under the formal supervision of an attorney.
The American Association for Paralegal Education "Paralegals perform
substantive and procedural legal work as authorized by law, which work,
in the absence of the paralegal, would be performed by an attorney.
Paralegals have knowledge of the law gained through education, or
education and work experience, which qualifies them to perform legal
work. Paralegals adhere to recognized ethical standards and rules of
professional responsibility."
The Institute of Paralegals [United Kingdom]: "A paralegal is a non-lawyer
who does legal work that previously would have been done by a lawyer, or
if done by a lawyer, would be charged for."

Paralegals play an important role in the legal processes and they are known as the
fourth arm of the legal profession. However, it has the necessary qualification and
performs substantive legal work that requires the knowledge of legal procedures. But
paralegals in India are not qualified solicitor, barrister, or chartered legal executives. A
paralegal essentially works in a legal environment, but they do not give legal services to
people. Paralegal meaning can be understood simply by understanding as a person who
can perform legal work but does not provide legal services.
 WHAT
DOES A
PARALEG
AL DO?

Paralegals may typically do the following:

 Help lawyers during trials

 Conduct research on laws, legal articles and regulations
 Organize and present information
 Keep information related to cases in computer databases
 Help lawyers by writing reports to prepare for trials
 Investigate facts of a case
 Draft correspondence and documents, such as mortgages and contracts
 Get formal statements and affidavits that could be used as evidence in court
Paralegals help lawyers prepare for trials, hearings and corporate meetings.

Depending on the size of the organization or firm, a paralegal's duties could vary,

especially in a smaller firm.

In addition to reviewing and organizing information, paralegals may prepare written

reports that help lawyers determine how to handle their cases.

If lawyers decide to file lawsuits on behalf of clients, paralegals may help draft documents

and prepare the legal arguments to be filed with the court.

Rather than handling a case from beginning to end, paralegals that are employed in

larger organizations work mostly on a particular phase of a case.

For example, a litigation paralegal might only review legal material for internal use,

conduct research for lawyers, maintain reference files, and collect and organize evidence

for hearings.

Litigation paralegals often do not attend trials, but might draft settlement agreements or

prepare trial documents.

Law firms increasingly use computer software and technology in preparing for trials and

for managing documents.

Paralegals use computer software to prepare presentations and draft and index

documents.

In addition, paralegals must be up to date on the latest software used for electronic

discovery and familiar with electronic database management.

Electronic discovery refers to all electronic materials that are related to a trial, such as

data, emails, accounting databases, documents and websites.

Paralegals can assume more responsibilities by specializing in different areas.

Some of these areas could be litigation, corporate law, criminal law, personal injury,

employee benefits, intellectual property, bankruptcy, immigration, real estate and family

law.

In addition, experienced paralegals may assume supervisory responsibilities, such as

delegating work to other paralegals or overseeing team projects.

Many have this idea that paralegal is equivalent to a lawyer. The real fact is not that.
Paralegals are more like the assistant to the lawyer. They don’t have the authority to
offer legal advice, as many may believe. However, they are trained to do many tasks
which a lawyer normally doesn’t perform.

By assigning duties like drafting documents, performing legal research and writing,

proofreading, or bookkeeping to the paralegal, the lawyer can take more time out and
concentrate on other projects. Thus the lawyer can devote a maximum of his
professional time to more crucial topics. This further helps in saving costs too since the
paralegal’s time is usually billed at a much lower rate than the attorney’s.
Paralegal staffs work for lawyers who cover varied and huge practice areas. Thus law
firms or legal professionals who handle fields like litigation, bankruptcy, family law,
foreclosures, probate, and estate planning, collections, business/corporate, personal
Injury, securities law can definitely benefit by hiring paralegal services.

Such services can be broadly divided into two parts, based on skills and specialization:
There are certain paralegal services which are voluminous but demand low-end skills.
On the other hand, certain tasks are of qualitative nature and demand legal knowledge
to a certain extent. Few common paralegal responsibilities include completion of forms,
document management, proofreading, bookkeeping, data entry, title search and also
extending legal editing and publishing supports.

Some of these tasks may appear very simple but the fact is that each service demands
maximum concentration and seriousness. Employees of a busy law firm may find it
difficult to handle these responsibilities on their own. This is one reason why the
concept of outsourcing certain legal tasks has gained huge support from USA based
law firms and legal advisors.
 COMPARI
NG
ATTORNE
YS AND
PARALEG
AL

First of all, unlike attorneys and lawyers, they do not require attending a formal college
of law and also it is also not mandatory for them to have a license. An attorney can
represent clients in court cases, give legal advice and practice law. On the other hand,
technically a paralegal need to work under a lawyer and the services provided by them
are essential.
 HISTORY
OF
PARALE
The paralegal profession initially developed in response to the need for a legal
professional to fill a position somewhere between that of an attorney and that of a legal
secretary, so that legal services could be provided to the public at lower cost.
The need forGALS
greater access to legal services, which became a significant issue in
the1960s, continues to propel developments in the legal arena, including the increased
use of paralegals to make legal services more affordable.
The position of a paralegal, even during the recent economic downturn, has proven to
be one of the strongest growing fields in the current American job market, due to the
relatively high demand for paralegals, as well as the limited need for a strong
educational background required by the profession (though as competition for positions
grow, a stronger background in terms of certification and training will almost certainly
become necessary).
Paralegals have been around in earnest only since the 1970s, when the rise of
multinational corporations as well as the growth in high volume law firms caused a
systematic increase in pools of administrative employees, as well as less of a need for
numerous lawyers demanding high end salaries to do very basic, niche work.
More precisely, paralegals grew in prominence as a form of salary control on behalf of
the legal profession.  As the rate of lawyers working in the profession topped out and
the amount of legal actions increased, the needs of many firms, corporations, and
government agencies to pay high salaried lawyers actually decreased substantially.
Therefore, the industry found it to its advantage to relegate many of the workaday
tasks, such as filing, research, and drafting to lower salaried tier of professionals: the
paralegals.
Since paralegals are still a relative new occupation, there has been a minimal level of
oversight and supervision of the industry, thus coming up with precise definitions of the
nature of the position has been somewhat difficult.
The relative lack of consistent training requirements or licensing systems for paralegals
has also made it a growth positions for anyone looking to enter predominantly “white
collar” industries with a relatively diminished degree of education compared to similar
industries.
 DUTIES
AND
RESPONS
IBILITIES
The duties and responsibilities of a paralegal involve primarily aiding an attorney in his
or her work.
OF A
This can be done in a variety of ways, and in a lot of cases, can vary from field to field.
Those who work in environmental law may not have the same responsibilities than those
PARALEG
working in litigation or criminal law.
Complicating things further, certain firms may require a paralegal to undertake

over time. AL
additional training in differing aspects of law, and as a result the duties may change

This is one reason why paralegal work presents an ever changing set of challenges to be
overcome, and why every year thousands of men and women decide to enter this
exciting field

TYPES OF PARALEGAL IN A LAW

FIRM
Nowadays, many law firms specialize in particular areas of the law such as estate
planning, and immigration and employment laws.

There are numerous paralegal types and specializations available in law firms.
Programs offering paralegal training encourage additional courses in specific legal
topics to prepare students for law firms with only one or two focuses.

Paralegals can choose to specialize in a particular legal aspect. Here are the 5 types of
paralegals you meet in law firms:

 Real Estate Paralegal – 

real estate paralegals focus on ordering and researching title information, trusts,
and deeds. They are knowledgeable about legal matters concerning real estate
such as closing processes and required administrative work for closing and
transferring of assets. Real estate paralegals also deal with foreclosures and loan
matters.

 Immigration Paralegal –
 these paralegals focus on the immigration process and help their clients every
step of the way. Immigration paralegals assist clients in filling out citizenship
applications, obtaining green cards, and other related tasks.

 Insurance Paralegal –
 insurance paralegals assist clients with cases of questionable claims and issues
involving insurance matters. This type of paralegal works in traditional law
firms within the legal department of insurance companies.
Capable insurance paralegals assist clients with insurance claims and sift through
insurance policies to better understand legal cases involving these matters.

 Estate Planning Paralegal – 

estate planning paralegals (also known as probate paralegals) create legal
documents related to estates, trust, will, and probate forms. They assist clients
who recently lost their loved ones through the probate process.

 Patent Paralegal –
 paralegals specializing with patent legal cases are known for their high
compensation. Patent paralegals assist their attorneys with research and
administrative tasks such as filling out required documents to obtain patents.
Due to the complex nature of patents, paralegals specializing in this profession
guide clients through legal matters concerning patents and violations.

 Employment Law Paralegal –

  employment paralegals assist in all legal matters concerning employment such
as hiring and firing, labor union matters, workplace safety, discrimination
issues, and sexual harassment cases.
 SKILL
S AND
KNOW
LEDGE
 Ability to work With people: REQUI
A paralegal should be able to relate and work with the people so as to develop
RED
solidarity among them and increase their participation in the programmes
conducted by the paralegal.

 Communication skills:
BY A
Paralegals should develop the skills necessary to express their PARAL
thoughts clearly
and explain laws and legal procedures in a language and manner in which people
can understand them.
EGAL
Paralegals should also be able to prepare and use innovative and non-traditional
WORK
methods of communications such as drama, dance, songs, puppets etc.

A paralegal worker should possess or develop the skill to write downER

 Writing and drafting skills:
thoughts
clearly and coherently for documentation and reporting purposes, as well as to
draft petitions, applications* pleadings etc. In places where handwritten
petitions and applications are acceptable (as in India), neat, legible hand writing
would be an advantage.
The drafting skills also include obtaining statements from potential parties and
witnesses in cases to be taken to court..

 Development of educational materials:

A paralegal worker should be able to prepare the necessary learning and
teaching aids for use in education programmes.

 Ability to conduct research:

A paralegal worker should possess or develop skills to do research, including the
collection and analysis of information (use of surveys, questionnaires, etc.)

 Ability to render advice or counselling:

A paralegal worker should be able to provide proper advice or counselling so as
to enable the community or an individual in the community to decide on a
proper course of action to deal with a problem
 Ability to work with people:
A paralegal should be able to relate and work with the people so as to develop
solidarity among them and increase their participation in the programmes
conducted by the paralegal.

 Communication skills:
Paralegals should develop the skills necessary to express their thoughts clearly
and explain laws and legal procedures in a language and manner in which people
can understand them.
Paralegals should also be able to prepare and use innovative and non-traditional
methods of communications such as drama, dance, songs, puppets etc.

 Writing and drafting skills:

A paralegal worker should possess or develop the skill to write down thoughts
clearly and coherently for documentation and reporting purposes, as well as to
draft petitions, applications* pleadings etc. In places where handwritten
petitions and applications are acceptable (as in India), neat, legible hand writing
would be an advantage.
The drafting skills also include obtaining statements from potential parties and
witnesses in cases to be taken to court.

 Development of educational materials:

A paralegal worker should be able to prepare the necessary learning and
teaching aids for use in education programmes.

 Ability to conduct research:

A paralegal worker should possess or develop skills to do research, including the
collection and analysis of information (use of surveys, questionnaires, etc.)

 Ability to render advice or counselling:

A paralegal worker should be able to provide proper advice or counselling so as
to enable the community or an individual in the community to decide on a
proper course of action to deal with a problem
 ROLE
OF
Paralegals are an integral part of our legal system, as they provide many valuable

PARAL
services to lawyers, including editing and drafting of legal documentation, preparing
correspondence, performing legal research, preparing case summaries, among other
things. Without paralegals, our legal system wouldn’t work as well and there would be

EGALS
much more work for lawyers to do. It is a certified profession that requires a unique
skill set and most often, a paralegal studies degree or a legal studies degree. However,
paralegals cannot give legal advice, only licensed attorneys.
IN OUR
The paralegal profession began during the late 1960’s and early 1970’s, as the need for
greater access to legal services increased. The high cost of legal services made it difficult
LEGAL
for the poor to obtain counsel, and as a result, legal secretaries arrived on the scene to
perform legally substantive tasks. The job has since evolved, and now legal secretaries
are usually called paralegals or legal assistants and are typically certified and hold a
college degree.
SYSTE
Paralegals Are Detail-Oriented:  M
When a court filing needs to be proofed and double-checked, or an oral argument fact-
checked, it is most often a paralegal that lawyers will turn to in order to make sure the job is
done right.
Paralegals Are Researchers and Investigators Critical thinking skills and legal knowledge set
paralegals apart from other law office staff.

This allows them to understand and follow leads, grasping the thread of a case in the same
way that a lawyer would do and pulling to find out where it unravels.
Paralegals Are Communicators: 
Paralegals are conduits for information.
They get more face time with clients than anyone else in the office, explaining the process
and asking critical questions.
Paralegals Are Organizers: 
They put exceptional organizational skills to use the building and maintaining case files and
documents, and increasingly, they are expected to be the office expert in high tech data
storage and collection systems.
Paralegals Are Specialists: 
Most paralegals specialize in certain aspects of the law or types of cases:
• Estate planning and probate
• Family Law
• Immigration
• Intellectual Property
• Real Estate
Paralegals Are Independent Freelance Contractors :
In some industries, paralegal-owned businesses are the norm.
Nurse paralegals, for instance, often operate as consultants and expert witnesses under their
own auspices.
And the amount of legal training paralegals receives makes them good candidates to open and
operate legal services firms.
Paralegals Are Versatile:
 A paralegal can walk into work in the morning to deal with preparing exhibits for a major
wrongful death case and end up being dragged into providing a final polish on a motion for
summary judgment that has to be filed by day’s end.
Paralegals Are Leaders One task that often gets delegated down from attorneys to paralegals
is the responsibility for coordinating and supervising the firm’s support staff.
Paralegals can take on leadership roles both in law firms and private businesses, supervising
other paralegals, secretaries, or staff.
TH
AN
K
YO
U