Volume I, Chapter §2.1
Defining the Profession

 

What is a Paralegal?

§2.1    

Introduction
If you ask an attorney what a paralegal is, the response will most likely be a list of tasks a paralegal performs. This is an indication that attorneys value paralegals for the skills they possess. Not coincidentally, these are the kind of skill-sets you will be taught in this class.

Paralegalism: Defining the Profession
These pages attempt to assist the student in defining the paralegal profession. It is very difficult to define what a paralegal is without defining what a paralegal does. As these pages demonstrate, paralegals engage in a wide variety of tasks.

One point not addressed in these pages is the question of licensing. Should paralegals be licensed? There are good points on both sides of this argument, but the strongest arguments at this time are against licensing. The reasons are:

Professions are licensed to protect the public. If this is true, what exactly does the public need to be protected from in regard to paralegals? There isn't exactly an imminent threat of hoards of paralegals descending upon American cities! There are remarkably few complaints about paralegals to bar associations and public authorities.

Who would do the licensing?
Bar associations are in general self-protective organizations. Some are threatened by the "paralegal movement." As such, they have periodically attempted to place limitations (beyond those already in place) upon the paralegal profession because paralegals are the first threat to the monopoly attorneys currently possess in providing legal services. With this in mind, whose interests would bar associations have in mind when regulating the paralegal profession? Paralegals, or attorneys? This would certainly constitute a conflict of interest, to say the least.

Should paralegals providing services directly to the public be licensed?
Perhaps this makes some sense, but may still be overkill to a problem that doesn't exist. There are few complaints against paralegals. Thus, there are probably better ways to solve the problem.

Having said all this, the licensing argument isn't likely to affect the graduates of this program. The goal of this course is to prepare you to work under the auspices of an attorney. We do not recommend or encourage working as a paralegal directly for the public, without the supervision of an attorney.

Paralegal Perspective

BAR ASSOCIATION OVERSIGHT?
This course is designed to train students to work within the confines of a law office, and under the supervision of an attorney. However, the discussion would be incomplete if we did not discuss the issues related to Bar Association involvement in the paralegal profession. Be aware there are many points of view on this topic from those who support ABA oversight to those who feel that since the ABA is primarily concerned with promoting attorneys, it would be a conflict of interest for that organization to control the paralegal profession.

Lecture Notes

One problem with describing what exactly a paralegal does arises out of the lack of a uniform definition of the profession. After reading this section of the manual, you should have a pretty good idea!

You must know the two tasks a paralegal is not allowed to engage in:

  • A paralegal may not give legal advice
  • A paralegal may not represent another person in a court of law

These are incredibly important points. Any exceptions discussed in this course, or anywhere else, are just exceptions. Take note of these points, and remember them.

One point. You may find reference in the manual and on this website to three things a paralegal should not do. The third thing is actually related to the other two mentioned above, but is becoming more and more of an issue. The third task is:

  • A paralegal should not ask questions at a deposition

Many paralegals are being faced with a dilemma: Their attorneys are sending them to conduct depositions. While many paralegals are competent to conduct these depositions, the Rules of Court and state statutes do not allow for this. For this class, students should take the conservative attitude: It is not allowed. While paralegals will often accompany attorneys and prepare questions for the deposition, paralegals should never ask questions or make an objection during a deposition.

Having said this, what happens if the paralegal is asked to conduct a deposition, and the attorney (who signs your paycheck) insists? The best answer is to follow these steps:

  • Check with the opposing counsel to see if there are any objections (there probably won't be)

    Inform the court the paralegal will be conducting the deposition on behalf of the attorney

    If neither the court nor the opposing counsel has any objections, go ahead!

It's up to you to work hard, and ethically, to ensure that twenty years from now, people aren't telling "paralegal jokes!"

This is a relatively new profession. The opportunities are incredible. Government. Private practice. Corporate. Administrative Agencies. There are amazing opportunities for paralegals as legal professionals.