About the Paralegal Profession

What Is A Paralegal?

A legal assistant or paralegal is a person, qualified by education, training, or work experience, who is employed or retained by a lawyer, law office, corporation, governmental agency, or other entity, and who performs specifically delegated substantive legal work, for which a lawyer is responsible. Board of Governors, American Bar Association (1997).

What Does A Paralegal Do?

A paralegal can do anything an attorney can do EXCEPT the following:

• Give legal advice
• Represent clients in court
• Negotiate and/or set fees.

To give you a better idea of what a paralegal does, we have set forth typical paralegal tasks in various practice areas.

BANKRUPTCY PARALEGAL

The bankruptcy paralegal can be effective in preparing a bankruptcy case from the initial appointment with the client to the date of discharge. Whether an attorney represents a creditor or a debtor, a paralegal can organize and prepare all the necessary paperwork while the attorney handles the analytical legal matters necessary in such a practice.

A BANKRUPTCY PARALEGAL CAN:

• Interview the client to obtain information for filing petitions and schedules
• Draft and file petitions and schedules and proofs of claim
• Monitor calendar
• Review forms and locate missing data
• Handle routine calls and correspondence to creditors, creditors’ committee chairperson and attorney, trustee and client
• Prepare file for attorney for trial or hearing
• Coordinate appropriate U.C.C. and real property searches, appraisals, etc.
• Draft and file attorney fee applications
• Compile list of assets
• Prepare orders
• Meet with clients for execution of documents
• Draft, file, and serve motions for relief from stay, ex parte motions, motions to reaffirm debts, objections to confirmation plan, etc.
• Attend court hearings with attorney and client in effort to facilitate flow of documents and information
• Prepare written lists of required documents
• Draft, file, and serve debtor’s monthly financial statements in Chapter 11 cases
• Draft, file, and serve complaints in adversary proceedings
• Interview client to obtain information in preparation for filing of petition and schedules
• Maintain log to check off discharge and status of bankruptcy
• Draft motions for avoidance of liens and reaffirmation agreements and arrange for execution of same
• Familiarize client with general procedures at bankruptcy court hearings, meetings and motions
• Attend Section 341(a) meetings

CORPORATE/BUSINESS PARALEGAL

From the formation of a business entity to its final dissolution, a paralegal is cost effective in handling the intricate and vital details of a project.

At the initial stages of a project, the attorney communicates the details of the planned entity to the paralegal. The attorney is then free to handle the legal analysis.

A CORPORATE/BUSINESS PARALEGAL CAN:

Partnerships

• Draft statement of partnership and certificates of limited partnership
• Form business entity and establish the capital structure
• Identify and solicit necessary information from client to draft the partnership agreement and related filings with state and county agencies
• Develop checklists to be used in client interviews and as guidelines for proper formation and operation of each entity
• Draft agreements for dissolution of partnership and non-competition agreement for selling partners

Incorporation/Corporate Transactions

• Prepare and file appropriate documents with the Secretary of State, Department of Corporations, Internal Revenue Service and/or the Franchise Tax Board
• Prepare minute book, corporate seal, stock certificates, stock ledger, etc.
• Prepare and file appropriate documents with any other agencies that regulate corporations and type of business
• Obtain information and file documentation necessary to qualify corporation to transact business in foreign states
• Draft resolutions, waivers, minutes, approvals of action without meeting and related documents
• Prepare stock certificates, loan documents and other documents required by financial institutions
• Maintain corporate records and details of stock transfers
• Draft agenda and prepare annual meeting minutes for shareholder and directors and special meetings of stockholders and directors for the minute book
• Identify securities for registration and prepare appropriate forms
• Prepare and file appropriate documents corresponding to an issuance of new stock or a transfer of stock ownership
• Identify structural change and determine the necessary information and filings including amendment or restatement of articles, articles of merger, dissolution of the corporation, etc.
• Conduct appropriate due diligence for corporate transactions
• Compile binders for corporate transactions
• Draft corporate resolutions and other documents involved with corporate dividends, stock splits, purchasing shares, liquidations and distributions in general shares
• Draft articles of incorporation, by-laws, organizational minutes, stock certificates for initial subscribers, etc.
• Draft buy-sell agreements, employment agreements, annual reports, assignments, promissory notes, leases, etc.

FAMILY LAW PARALEGAL

Working with a paralegal is very cost effective for an attorney with a family- law practice. With a paralegal to organize and administer a case file, including preparing pleadings and court forms, an attorney can be free to handle a greater number of cases. From the initial interview to the final decree (and beyond), a paralegal can handle many aspects of a case.

A FAMILY LAW PARALEGAL CAN:

• Attend the initial meeting with the attorney and client and collect background information on the client
• Draft pleadings, including complaint for divorce, answers, counterclaims, and dissolution petitions
• Prepare forms that must be filed with divorce pleadings, including the affidavit of child custody, affidavit of financial disclosure and divorce questionnaire
• Draft motions, discovery document
• Draft final decree
• Calculate child support
• Prepare court forms filed with final decree
• Draft post-decree motions
• Arrange for appraisers for real and personal property
• Communicate with the client, as needed
• Monitor and organize client files
• Arrange for depositions
• Prepare trial notebook

LITIGATION PARALEGAL

Paralegals are a vital component of the litigation team. From the initial drafting of pleadings through discovery to the final trial briefs, a paralegal’s skills both enhance and extend the attorney’s capacity to meet the client’s litigation needs.

A LITIGATION PARALEGAL CAN:

• Organize, file and prepare chronologies
• Conduct or supervise fact investigation
• Maintain calendar
• Draft, file and serve answer or other defensive pleadings
• Draft, file and serve summons and complaint
• Attend initial meeting with client
• Review, organize and index produced documents
• Attend document productions
• Review and assemble documents to be used at depositions
• Respond to interrogatories, document production demands and requests for admission
• Digest and analyze responses to discovery requests
• Develop information retrieval systems including computerized systems
• Obtain faculty information
• Check cites and Shepardize
• Prepare and serve depositions, notices and subpoenas
• Draft discovery documents or prepare responses
• Obtain, review and analyze medical records
• Summarize deposition transcripts
• Arrange for and work with expert witnesses
• Organize and mark trial exhibits
• Prepare trial notebooks
• Prepare or supervise preparation of demonstrative exhibits for use at trial
• Attend trials to take notes and handle exhibits
• Prepare and serve trial subpoenas
• Draft lists of documents and testimony to use in impeaching opposition witnesses
• Prepare and coordinate witnesses
• Order and summarize trial transcripts for appeal purposes
• Draft memorandum of costs
• Prepare settlement calculations

PROBATE/ESTATE PLANNING PARALEGAL

A paralegal is a valuable assistant to an attorney who practices probate law and/or estate planning law. Under the supervision of an attorney, the legal assistant organizes and administers an estate of a decedent, handles guardianship matters, and other aspects of a probate practice.

A PROBATE/ESTATE PLANNING PARALEGAL CAN:

• Verify cash and bank balances at date of death
• Prepare and file probate documents in administration of estate or summary administration
• Collect information and assets for preparation of inventory and tax return
• Draft inventory and appraisal list
• Obtain Tax I.D. number and notify taxing authorities of fiduciary capacity
• Prepare and maintain a calendar system
• Evaluate assets
• Draft state and federal estate tax returns
• Draft accounting for probate and trusts
• Notify heirs, devisees, and creditors of probate proceeding
• Prepare petition for probate and supporting documents
• Maintain financial records of estate
• Draft state and federal fiduciary income tax returns
• Determine titling of assets
• Prepare preliminary tax and evaluate cash needs
• Draft decedent’s final federal and state individual tax returns
• Draft petition for final distribution and supporting documents
• Meet with client and attorney at initial meeting
• Assist in audit of tax returns
• Draft federal gift tax returns
• Assist probate referee/magistrate and appraisers with asset valuation
• Obtain tax releases
• Prepare income projection
• Collect data for estate planning
• Draft court documents for guardianships
• Draft court documents for conservatorship

REAL PROPERTY PARALEGAL

A paralegal administers and organizes all aspects of either a residential or commercial real property practice. From the initial proceedings involving the sale or lease of property to the final transaction, the paralegal is an asset to a law firm, title company or financial institution.

A REAL PROPERTY/TRANSACTIONAL PARALEGAL CAN:

• Perform a title search
• Assist attorney at closing
• Draft and arrange for filing of UCC filings, amendments, extensions and terminations
• Draft grant, warranty and other deeds
• Follow-up on post-closing items, including preparation of closing index and binder
• Draft leases, assignment, extensions, amendments
• Draft deeds of trust and other loan documentation
• Draft, review and plat legal descriptions
• Analyze and digest leases, assignments, extensions, amendments and deeds
• Draft closing statements and arrange closing date
• Coordinate closing of escrow with all parties
• Obtain closing figures from bank, and pro-rate all closing figures
• Organize recording procedures for large-scale recording and prepare draft of opinion letters
• Check and review zoning, Subdivision Map Act, and comprehensive plan designations; obtain letter on designation as closing requirements
• Negotiate title insurance coverage
• Draft Truth-In-Lending disclosure statements
• Prepare a preliminary abstract of title and opinion on the title
• Assist clients in obtaining mortgage financing

Where Does A Paralegal Work?

Just about everywhere! Paralegals can be found pursuing successful careers in:

• Law firms
• Corporations
• Government agencies
• Not-for-profit corporations
• Hospitals
• Insurance companies
• Banks
• Title companies
• Architectural firms
• Free-lancing
• And more!

Department of Labor Statistics

Employment for paralegals and legal assistants is projected to grow much faster than average for all occupations through 2014.

Salary

Salary varies extensively depending upon work environment and geographic location. The following link provides averages for several years:

http://www.paralegals.org/associations/2270/files/NFPA_Salary_Survey_Executive_Summary_06_v2.pdf