Why Must a Paralegal Work Under the Supervision of an Attorney
Paralegals routinely handle substantive legal work under the guidance of an attorney. Because the work they perform can have dramatic legal consequences and because no other body monitors what they do, they can only perform work as directed by a licensed lawyer. Paralegals who do not work under an attorney's supervision run the risk of being charged with the unauthorized practice of law.
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History
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Attorneys have been around for centuries, but paralegals, also called legal assistants, were first acknowledged by the American Bar Association in 1968. At that time, attorneys began using paralegals to do work that they had previously done themselves. This allowed legal services to be rendered more cost effectively.
Function
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Depending on the type of law that is being practiced, paralegals serve a variety of functions for the attorneys they support. They draft legal pleadings and perform legal and evidential research. They organize cases, interview witnesses, respond to discovery requests and attend trial and hearings. The more work a paralegal can perform for the attorney he supports, the freer the attorney is to focus on other case matters.
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Considerations
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An attorney must be the final authority regarding every action that a paralegal takes. A paralegal can write the motion and brief, but the attorney must review and sign off on it. A paralegal can gather together documents that need to be produced at a hearing or at trial, but the lawyer takes final responsibility regarding what information is presented.
A person who prepares legal Articles of Incorporation for a client at the direction of an attorney is serving as a paralegal; if the same person prepares these same legal documents directly for the client, she may be engaging in the unauthorized practice of law.
Misconceptions
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It is a popular misconception that paralegals are somehow monitored by state Bar associations or other regulatory groups. This is not true. According to the American Bar Association, oversight of a paralegal rests solely with the lawyer or firm who employs the services of that paralegal.
Some paralegals advertise their document preparation services directly to the public. These independent paralegals, the forerunners of today's regulated legal document preparers and assistants, run a real risk of being charged with the unauthorized practice of law.
Benefits
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Paralegals and attorneys have a symbiotic relationship. Attorneys provide guidance, employment and education to paralegals. Paralegals give attorneys an extra pair of eyes to keep track of important case concerns and deadlines. Strong attorney-paralegal relationships are good for the clients and society.
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References
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