What is the Difference Between a Paralegal and a Lawyer?
There are several distinct differences between a paralegal and a lawyer. Most prominently, a lawyer is a learned professional, while a paralegal is a paraprofessional. A lawyer practices law, and a paralegal assists a lawyer in the practice of law.
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Paralegal -- Definition
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The American Bar Association (ABA) defines a paralegal as someone with skills obtained through education, training or work experience, who is employed by an attorney, law firm or other legal practice entity, and performs specifically delegated substantive legal work under the direction and supervision of an attorney.
Lawyer -- Definition
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West's Encyclopedia of American Law defines a lawyer as, "A person, who through a regular program of study, is learned in legal matters and has been licensed to practice his or her profession."
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Education
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Lawyers have more education than paralegals. In most cases, a lawyer has a bachelor's degree plus a law degree. A paralegal may have a bachelor's degree, but it is not required. Many paralegals have only an associate's degree or certificate.
Licensure
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A lawyer must pass the bar exam and be licensed in each state of practice. There is no mandatory exam or licensure for paralegals.
Supervisor vs. Supervisee
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A lawyer may practice law with no direct supervision. A paralegal, by definition, must be supervised by a lawyer.
Scope of Duties
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The ABA Model Guidelines for the Utilization of Paralegal Services state that an attorney may delegate to a paralegal any assignment usually performed by the attorney with certain exceptions, such as those set forth in statutes or court rules. Three specific exceptions given in the guidelines are establishing the attorney-client relationship, establishing the amount of the legal services fee, and rendering a legal opinion to a client.
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References
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