Thinking about becoming a paralegal? - Conclusion

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Today I continue my discussion on how to enter the exciting legal field as a paralegal. Many who enter the field wonder at first: What does a paralegal do? May I do things that an attorney can do? Well, yes and no. Certainly paralegals may not do anything that attorneys themselves may not do, and your work as a paralegal must always be ultimately under the supervision of a licensed attorney. It is their “work product,” after all, and there are ethical as well as criminal prohibitions against some legal functions that are reserved for attorneys alone, who must go through an extremely rigorous three years of law school, and then pass the grueling state bar exam to be licensed to practice law.

(Please see Part I in this series “Thinking about becoming a paralegal?”)

So what can a paralegal NOT do? For starters, there’s an absolute prohibition against giving legal advice, and that goes to anyone in our society who is not a licensed attorney. In Texas, as in most if not all states, it’s not only unethical, it’s a crime. It's known as UPL: unauthorized practice of law. That includes giving legal advice in forums such as this, to clients, and even to friends! This is done to protect the public. Paralegals also may not set fees (only attorneys may do that), nor may we represent clients in court. (Please note, however, that this last prohibition has some notable exceptions, for example, as paralegals may  represent clients in front of the Social Security Administration in a disability case. Why? Because this is a quasi-tribunal, if you will, as part of an administrative agency, and claimants may be represented by non attorneys in this particular instance.)

Well then, what can paralegals do? Lots! NALA’s web-site, located at www.nala.org lists these duties:

A legal assistant may perform any function delegated by an attorney, including but not limited to the following:
• Conduct client interviews and maintain general contact with the client, so long as the client is aware of the status and function of the legal assistant, and the legal assistant works under the supervision of the attorney.
• Locate and interview witnesses.
• Conduct investigations and statistical and documentary research.
• Conduct legal research.
• Draft legal documents, correspondence and pleadings.
• Summarize depositions, interrogatories and testimony.
• Attend executions of wills, real estate closings, depositions, court or administrative hearings and trials with the attorney.
• Author and sign correspondence provided the legal assistant status is clearly indicated and the correspondence does not contain independent legal opinions or legal advice.
• Professionally, a paralegal's time for substantive legal work (as opposed to clerical or administrative work) is billed to clients much the same way as an attorney's time, but at a lower hourly rate. “

So what are the qualifications then? The US Department of Labor states that “Most [paralegals] have an associate degree in paralegal studies, or a bachelor’s degree coupled with a certificate in paralegal studies.”

My own personal observations tell me that, in addition to either a college degree or comparable work experience, paralegals should:
 

• Write extremely well;
   
• Be able to communicate succinctly and precisely;
   
• Be able to conduct legal research, or any type of research for that matter;
   
• Be detailed and well organized;
   
• Observe ethical duties and obligations;
   
• Be able to maintain strict confidentiality;
   
• Be able to understand complex laws, and be able to apply those laws to specific situations or facts; and
   
• Be able to work well with others while maintaining a high degree of professionalism at all times.

 The State Bar of Texas lists some additional professional requirements for paralegals here.

 Also, if you have a degree in something skilled like nursing or you’ve worked as a nurse, all the better. Many paralegals who have science or medical backgrounds are in high demand.
 

In Part I of this series I mentioned degreed and certified – what’s the difference? Degreed means just that: one has earned a college degree. In the Houston area, you can do this generally one of two ways: You earn a bachelor’s degree in something like University of Houston – Clear Lake’s Bachelor of Science in Legal Studies program; OR you may earn an associate’s degree in paralegal studies.

Certification, on the other hand, implies you already possess a degree or comparable work experience as most – if not all – organizations who bestow such certifications require strict prerequisites to be eligible to even sit for their certification exams. Once you pass an exam, you’d then become “certified.”

Conversely, if you already possess a bachelor’s degree, then you may earn a paralegal certificate (NOT to be confused with certification or becoming “certified”) in paralegal studies from an accredited school. These programs are generally about six-months (be cautioned against quick 6-week paralegal studies programs, even those that fall under a reputable institution’s name -- do your research very carefully on this matter!).

One way to tell if a paralegal program is reputable: Has it earned the approval of the American Bar Association? The ABA has rigorous guidelines, and schools earning such accreditations usually spend years being audited and investigated by the ABA before receiving its stamp of approval. You can find a list of Texas’ ABA-approved paralegal programs here. (You can also find ABA-approved paralegal programs around the nation here.)

Additionally, you can find more information on paralegal certifications at the American Bar Association’s web-site here.

So surely you’re all wondering by now: What do paralegals make? According to the Bureau of Labor Statistics, median annual earnings in the industries employing the largest numbers of paralegals were:

Of course these are median ranges. I've heard paralegals in intellectual property are particularly well paid, while those working for sole attorneys may not be. The range is as wide as the different opportunities for paralegals.

Here in the great state of Texas, paralegals are fortunate to be very well supported by our State Bar and even have their own division – the Paralegal Division of the State Bar of Texas. Paralegals in Texas have been recognized by the state bar as a separate field since 1981. The State Bar issued guidelines for paralegals in 2005, and include recommendations for attorneys hiring paralegals with respect to education, experience, and certifications. You can find those guidelines here.

The Texas Board of Legal Specialization, which bestows board certifications on attorneys,  likewise offers certification to Texas  paralegals. You can find that information here.

As a member of the Paralegal Division, I can personally attest to its utility. If you perform at least 80% of your workload in legally substantive areas, then I highly recommend you join. You’ll need a supervising attorney’s signature. You can find an application here.

In the weeks to come, I plan to profile paralegal schools, other legal professions, and legal organizations. If you have a legal career or a specific school that you’d like to see profiled, feel free to email the author at samihartsfield@gmail.com, or leave a request in the comments section below.

For more info: Please see an article titled “Paralegals as Mediators” by this author at the State Bar of Texas – Paralegal Division’s web-site here.

Also, you may visit one of the following organizations for more info:
National Association of Legal Assistants
National Federation of Paralegal Associations
NALS … the association for legal professionals
State Bar of Texas - Paralegal Division
Houston Metropolitan Paralegal Association
Houston Paralegal Association
Houston Association of Legal Professionals

Please see also “Think you’d like to work as a lawyer’s assistant?”