The Difference Between a Paralegal & Attorney

A paralegal and an attorney perform different tasks from one another. The significant difference between a paralegal and an attorney is that an attorney is licensed to practice law, while a paralegal is not licensed and prohibited from practicing law. This article reviews the role of a paralegal and attorney and explains how the two functions are different.

What is a Paralegal

As defined by the National Federation of Paralegal Associations, a paralegal is "a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer." Thus, a paralegal is not an attorney and is not licensed to practice law. Rather, a paralegal provides support services to an attorney.

Additionally, a paralegal does not need to possess a four-year college degree. An individual may obtain his or her education at a two- or four-year undergraduate institution. However, one may also complete a training certification program in order to become a paralegal. The training program may be offered by a college or by a technical training school. Every program is different; some certification programs may be completed in as little as six months while others could take up to two years.

Types of Work Performed by a Paralegal

A paralegal performs various law-related tasks. The paralegal may perform legal research, factual investigation, file motions in court, draft legal motions and/or write legal memoranda. Frequently, a paralegal will develop an expertise in a certain area of law. While a paralegal performs many tasks that are performed by an attorney, a paralegal is not permitted to practice law; thus, a paralegal cannot provide legal advice, represent clients in court or any other conduct which would rise to the level of practicing law.

What is an Attorney

An attorney is an individual licensed to practice law in the state in which the attorney works. After receiving a Juris Doctorate degree, an attorney must take and pass a bar examination and be admitted to practice law by the state in which the attorney seeks to work. If successful, an attorney may engage in the practice of law.

Type of Work Performed by an Attorney

A licensed attorney may practice law, which includes giving legal advice to clients, drafting legal documents, representing clients in court and filing legal motions in court. Moreover, an attorney may concentrate his or her practice in a certain area, such as litigation, products liability, elder law or a variety of other choices.

How the Paralegal and the Attorney Work Together

The paralegal and the attorney work together on handling legal matters. Each will integrate his or her own skills in order to achieve a particular legal goal. Generally, the paralegal will assist the attorney by increasing the attorney's availability and ability to handle additional cases In addition, paralegals can perform services to the client at a reduced fee than the attorney's fee and meet with clients in order to expedite various legal matters.