What Are the Functions of a Family Law Paralegal?

Regardless of whether you're interested in pursuing education to work in the legal field or if you've had to hire an attorney to represent you in your divorce case, you may wonder about the functions of a family law paralegal. The family law paralegal is often a client's first point of contact who serves that client directly and indirectly by performing specific tasks for the attorney assigned to his case. Depending on the size of the law firm and the complexity of divorce, the duties of a family law paralegal can encompass everything from interviewing clients to accompanying the attorney to court. Family law embraces not only divorce and custody issues, but matters such as adoptions, child welfare and establishing a child's paternity. Let's take a look at the duties of a family law paralegal in a simple--or not so simple--divorce suit.

Client Intake

In large firms, the family law paralegal is often the face the client sees. The paralegal conducts what is known as "client intake" by finding out basic information such as how long the client has lived in the state (to ensure that residency requirements are met), the grounds for divorce on which the client wishes to file, the nature and amount of the couple's community property, if the client will ask for spousal support, and if there are children born of the marriage, what type of custody the client will seek. Any relevant information that the paralegal's attorney should know about--if domestic abuse occurred in the marriage or if the client fears his spouse will sell or abscond with marital property--is noted on the client's intake form. Because a divorce can be a very messy, emotional process, it's the job of the family law paralegal to remain empathetic yet keep the client on task--especially if he is being charged by the hour.

Making the Case File

If the client decides to hire the paralegal's supervising attorney to represent him, the family law paralegal opens his case file, starting with the client's intake form. As the client's divorce proceeds, the paralegal makes sure that important documentation is kept in the case file, including copies of the original divorce petition and other orders filed with the court, property settlement agreements, parenting plans, client correspondence and the attorney's notes. When the attorney goes to court to represent the client with case file in tow, it should be up-to-date, with each section of the file accurately tabbed or labeled for quick reference.

Drafting the Paperwork

Using ProDoc, HotDocs or similar software that allows for e-filing, a family law paralegal takes the information compiled from the client and her supervising attorney and generates documentation needed to initiate the client's divorce. The two most common legal documents the paralegal drafts are the original petition for divorce and temporary orders that allow the client to receive temporary financial spousal and/or child support pending the outcome of a divorce. In particularly volatile circumstances, sometimes the paralegal may draft a temporary restraining order that prohibits the client's spouse from contacting him or from selling or squandering marital assets. All documentation filed with the court is first reviewed by the paralegal's supervising attorney.

Communicating With the Court

Maintaining close contact with the county court in which a divorce is filed is a requisite for the family law attorney; she informs her supervising attorney of any pending court dates or additional requests that come from the court. If a divorce is uncontested and the client and his spouse are in concurrence on important matters, this makes the paralegal's job much easier. However, in difficult divorce suits, a court may order the couple to undergo marital counseling or mediation or even order counseling for the couple's children. The family law paralegal relays all relevant correspondence from the court to her supervising attorney and to the client.

Client Communication

Maintaining ongoing written correspondence is a large part of a family law paralegal's duties. In a particularly contentious divorce case in which only the two spouses' attorneys are speaking to each other, the paralegal drafts letters apprising the client of his spouse's response to a proposed community property settlement or custody arrangement, per her supervising attorney's instructions. If the court orders mediation and arbitration, the paralegal might also schedule a qualified mediator and inform both the client and his spouse of the time and date. Keeping the client informed of every interaction between his attorney and his spouse's attorney, as well as court actions, is key to the paralegal's job.

What a Family Law Paralegal Can't Do

An extremely proficient family law paralegal can do everything that her supervising attorney can do except for two things: give a client legal advice and represent the client in court. Because family law cases are extremely sensitive and maintaining client confidentiality is essential, the paralegal should never discuss a client's case with anyone other than her supervising attorney and those working on his case--and only within the confines of the law firm's four walls.

Resources

• National Association of Legal Assistants