History of the Paralegal Profession
The history of the paralegal profession is rooted in the need to enhance access to legal services while reducing costs for clients. Paralegals work closely with attorneys in various environments, including law firms, corporations, government offices, and financial institutions. Their responsibilities primarily involve preparing legal documents, conducting research, and assisting attorneys in areas like litigation, family law, and corporate law. However, it is important to note that paralegals are not authorized to provide legal advice or represent clients independently.
The formal training of paralegals began in the late 1960s, with numerous programs available at colleges, universities, and specialized institutions across the United States. While there are many programs, only a fraction are approved by the American Bar Association (ABA), which may influence hiring decisions for some employers. Paralegal education encompasses a variety of subjects, including legal research, writing, ethics, and various branches of law, catering to the diverse needs of the legal field.
As of 2014, approximately 279,500 paralegals were employed in the U.S., with a projected 8 percent growth in the profession over the following decade. In certain states, paralegals can pursue accreditation as attorneys after meeting educational and experiential requirements. This flexibility in career progression highlights the evolving nature and significance of the paralegal role in the legal profession.
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Subject Terms
History of the Paralegal Profession
Definition: Law office employees with limited legal training who perform certain legal functions under the supervision of accredited attorneys
Significance: Although paralegals are not authorized to practice law, they play an important role in the criminal justice system by assisting lawyers and clients in law-related matters.
The paralegal profession was developed in order to increase access to legal services at a reduced cost. Paralegals work among attorneys in private law firms, corporations, government offices and agencies, banks, and insurance and real estate organizations. Paralegals may not give legal advice requiring the exercise of independent legal judgment, represent clients in litigation, or fail to disclose that they are not attorneys. Some of their general duties include the compilation of legal documentation and pretrial materials, the search for court dockets and files, and the preparation of law memoranda, leases, mortgages, deeds, citations, summonses, depositions, and subpoenas. They also assist attorneys in areas of litigation, divorce law, domestic relations, probate and estate law, and corporate law.
Paralegals in private law firms conduct research, interview clients, gather information, and prepare agendas for meetings and complex transactions. In the public sector, paralegals assist clients in filling out forms, negotiate with agencies, represent clients before certain administrative authorities, and disseminate materials on legal concerns affecting the local community. Paralegals are in particular demand by the federal government for handling many of the functions traditionally provided by more highly paid lawyers. For example, agencies involved in Social Security administration have programs that employ paralegals to conduct some prehearing conferences, research issues, and write decisions.
Training
Formal training in paralegal services started during the late 1960s. In the United States, paralegal programs exist at many colleges, universities, and law schools, as well as at private training institutions, government agencies, and bar associations. In 2016 there were 913 paralegal programs in the United States, but only 268 were approved by the American Bar Association (ABA). While an ABA-approved program is not necessary to work as a paralegal, many law firms and other employers, as well as some professional associations, prioritize paralegals with ABA-approved educations over those without.
Paralegal students do not need prior legal experience, and most have never been inside a law office. Prior to selecting a program, prospective paralegal students should ask whether the program they are interested in is a two- or four-year program, what the program’s educational objectives are, whether the program is ABA approved, what the reputation of the institution and program is, what the quality of the faculty is, and whether the program provides assistance with career development. Some of the courses a paralegal student might take include legal research, legal writing, legal ethics, interviewing, litigation, estates and trusts, real estate law, business law, criminal law, family law, and computer skills.
Approximately 279,500 paralegals and legal assistants were employed by law firms and agencies in the United States in 2014, and the US Bureau of Labor Statistics predicted an 8 percent increase in employment over the next ten years. In some states, after paralegals have successfully completed their academic work and their on-the-job training, they are allowed to take bar examinations to become accredited attorneys.
Bibliography
Bast, Carol M., and Ransford C. Pyle. Foundations of Law: Cases, Commentary, and Ethics. 5th ed. Clifton Park: Delmar, 2011. Print.
Larbalestrier, Deborah E. Paralegal Practice & Procedure: A Practical Guide for the Legal Assistant. Ed. and rev. Linda A. Spagnola. 4th ed. New York: Prentice, 2009. Print.
Maerowitz, Marlene Pontrelli, and Thomas A. Mauet. Fundamentals of Litigation for Paralegals. 8th ed. New York: Wolters, 2014. Print.
"Paralegal School Information." Paralegal 411. Paralegal 411, 2016. Web. 31 May 2016.
"Paralegals and Legal Assistants." Occupational Outlook Handbook. Bureau of Labor Statistics, 17 Dec. 2015. Web. 31 May 2016.