Magdalena Cuprys, Esq. concludes publication of "Paralegal occupation" review articles
The supervising Attorneys remain fully responsible even when more and more "legal" tasks are delegated to legal assistants, notes Magdalena Cuprys in her concluding article.
By: Cuprys & Associates
Paralegals are qualified to perform their responsibilities by completing an educational program, receiving training on the job, or through actual work experience. They do not undergo the rigorous training of Attorneys, nor are they licensed like attorneys. Paralegals sometimes perform "legal" work that otherwise would be done by attorneys. However, the supervising Attorneys remain fully responsible for any legal work delegated to a Paralegal and must always supervise the Paralegal's work. There are several different types of Paralegals, the designation depends upon the required education and training. Examples are:
A Certified Paralegal is a Paralegal who has completed the voluntary certification process of a professional association by developing a specified level of professional competency. The various accreditation bodies include: The National Association of Paralegals (NALA) which awards the designation of CP (Certified Paralegal) and CLA (Certified Legal Assistant) to those who meet their specific requirements and complete the competency examination. NALA also governs certain Advanced Specialty Certifications (CLAS) programs, and there also exist certain state-specific advanced competency exams.
The National Federation of Paralegal Associations (NFPA) awards the designation Registered Paralegal (RP) to persons who have met its requirements, which requires passing a specific competency examination known as the Paralegal Advanced Competency Exam (PACE).
Paralegals can be delegated any task normally performed by a lawyer, as long as the lawyer supervises the work (except those specifically prohibited by law). For example, Paralegals can review and organize client files, conduct factual and legal research, prepare documents for legal transactions, draft pleadings and discovery notices, interview clients and witnesses, and assist at closings and trials. But Paralegals (and their supervising Attorneys) must always avoid the "unauthorized practice of law." Generally, Paralegals may not represent clients in court, take depositions, or sign pleadings. In addition, Paralegals may not establish the attorney's relationship with the client or set fees to be charged, and may not give legal advice to a client.
As in every aspect of the practice of law, utilizing Paralegal services comes with corresponding ethical considerations for the attorney or firm. Attorneys are ultimately responsible for the work product of Paralegals. Even more, Attorneys are also responsible for the ethical conduct of the Paralegals whom they employ. Any transgressions by the Paralegals may subject the Attorney to professional discipline. This is due to the fact that Paralegals are not directly subject to any rules of professional conduct promulgated by courts, legislatures, or government agencies, the (supervising)
The complete articles will be published on the Blog of Ms. Cuprys at https://magdalenacuprysblog.blogspot.com/
Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs.
Cuprys & Associates
Magdalena Ewa Cuprys, Esq.