Definition of a Litigation Paralegal

Litigation is a case, controversy or lawsuit.

According to the American Bar Association, a paralegal is a person, qualified by education, training or work experience whom a lawyer, law office, corporation, governmental agency or other entity employs or retains and who performs specifically delegated substantive legal work for which a lawyer is responsible. The ABA defines litigation as a case, controversy or lawsuit. There are different types of litigation. Therefore, there are different types of litigation paralegals.

Any Litigation Paralegal

Some duties are common to all litigation paralegals. According to the National Federation of Paralegal Associations and the National Association of Legal Assistants, general duties include maintaining databases, litigation dockets and tickler systems; and organizing and maintaining form files. Duties performed at the beginning of an action include participating in the initial client interview; conducting fact and background investigation; drafting complaints, answers and motions; and obtaining photographs, documents and physical evidence. Duties performed in discovery, which the ABA defines as the pre-trial process by which each party determines evidence the other party will rely upon at trial, include drafting requests for production, interrogatories and requests for admissions; conducting legal research; producing documents and summarizing deposition transcripts.

In the settlement phase of a lawsuit, litigation paralegals may draft demand or status letters, settlement agreements, releases, motions and stipulations; and prepare mediation presentations. Duties performed in the period immediately preceding and during trial include preparing trial notebooks, exhibits, verdict forms and visual aids; drafting witness questions and jury instructions; and attending trial to take notes, handle exhibits and coordinate witness arrival at trial.

Asbestos Litigation Paralegal

Martindale-Hubbell defines asbestos litigation as a toxic tort claim filed by employees and deceased employees' family members against employers and asbestos manufacturers for compensation for diseases contracted from prolonged exposure to asbestos. Duties that set an asbestos litigation paralegal apart from other litigation paralegals, according to the NFPA, include preparing release forms to obtain medical, employment, military and Social Security records; preparing analysis evidencing product exposure; and maintaining and updating databases that contain information concerning other asbestos litigation.

Commercial Litigation Paralegal

Martindale-Hubbell defines commercial litigation as concerning the filing and resolution of disputes in commercial transactions that include sales of goods, lease agreements and negotiable instruments such as bank checks or drafts, installment notes and promissory notes. Drafting demand letters and correspondence as required for suits on open accounts, promissory notes, dishonored checks, mortgage foreclosure actions, receivership actions, garnishment, breach of contract, general commercial collection actions, and insurance subrogation matters are duties that set commercial litigation paralegals apart from other litigation paralegals, according to the NFPA.

Product Liability Litigation Paralegal

Product liability law concerns the responsibility of manufacturers, distributors, suppliers or sellers of defective products that injure consumers, according to Martindale-Hubbell. Duties specific to liability paralegals include obtaining and compiling records relating to product history, including research and development, manufacture, patent and copyright filings, instructions for use, distribution, sales and advertising documents; attending the product inspection; and obtaining factual information about products from various resources, including government agencies, according to the NFPA.

Workers' Compensation Litigation Paralegal

Workers’ compensation is state-mandated insurance that provides compensation benefits to employees who suffered an injury or death in the course of employment, according to Martindale-Hubbell. Workers’ compensation paralegal duties include drafting and filing applications, appeals, bills, letters, affidavits and motions with the bureau of workers' compensation; interpreting disability schedules and medical treatment parameters; and performing legal research on case law parallels within workers' compensation concerning injuries or employers, according to the NFPA.

References

• American Bar Association: Standing Committee on Paralegals
• American Bar Association: Glossary
• National Federation of Paralegal Associations: Paralegal Responsibilities
• "Facts & Findings Career Chronicle"; Typical Paralegal Duties; January 2009
• Martindale-Hubbell: Types of Lawyers and Areas of Law Definitions