FAQs
A paralegal is a person who:
1. is qualified through education in legal studies, training and/or work experience in a law environment;
2. is employed or retained by a solicitor in private practice, law office, corporate or in-house solicitor, government agency or other entity;
3. works under the ultimate direction and supervision of a solicitor; and
4. performs substantive legal work. This is work requiring sufficient legal knowledge that, without the assistance of a paralegal, it would be performed by a solicitor.
For purposes of these guidelines, the titles "paralegal" and "legal assistant" are synonymous. Some employers have developed their own conventions concerning paralegal job titles.
1. Formal legal education
The Association in consultation with The Law Society of Scotland is in the course of developing standards of formal education and model sets of core competencies for paralegal education.
2. Content
The formal education of a paralegal should include:
(a) instruction in professional ethics;
(b) legal research;
(c) analysis of legal materials;
(d) knowledge in drafting legal documents;
(e) knowledge of judicial and administrative procedures;
(f) knowledge of substantive areas of law;
(g) knowledge of law office systems and technology;
(h) oral and written communication skills.
3. Degree Levels
Formal education for paralegals is available in a wide variety of formats. Colleges, universities and other institutions provide the following types of educational credentials:
(a) post graduate (both master's in legal studies and post-graduate certificates);
(b) LLB degrees
(i) specific bachelor's degree in legal studies;
(ii) bachelor's degree in a different major (e.g., criminal justice, history, political science, business) with emphasis in legal studies or with a minor in legal studies;
(iii) a paralegal certificate tied to the completion of a bachelor's degree in any field;
(c) associate's degrees (of arts or science or applied science) in legal studies;
(d) undergraduate certificate: an educational programme normally completed in one year of study or less.
A certificate awarded from an educational institution is the document verifying the completion of a course of study. This should not be confused with certification, a voluntary process, usually administered by a professional association, that is given to a person who has demonstrated some level of professional competency.
Paralegals can do tasks delegated to them by a solicitor, provided the solicitor supervises the work and maintains responsibility for the work product. Examples of some of these duties may be:
(a) researching cases and other legal authority;
(b) factual investigation;
(c) preparing legal documents;
(d) reviewing and organising case files;
(e) assisting at and preparing a case for trial;
(f) assisting at depositions;
(g) summarising depositions;
(h) drafting interrogatory questions and answers;
(i) interviewing clients and witnesses;
(j) assisting in court;
(k) handling administrative matters;
(l) communicating information to clients and other people.
No.
Yes. Paralegals may give factual and procedural information. The paralegal cannot give legal opinions in response to client questions.
If a client asks a paralegal for a legal opinion, can a paralegal answer the question? Paralegals must inform clients that they cannot give legal advice. A paralegal may relay advice specifically given to him by his supervising solicitor. A solicitor shall not place a paralegal in the position of being perceived as giving legal advice to a client.
No. Neither solicitors nor paralegals may communicate with an opposing party who is represented by solicitors without the express written permission of the opposing solicitor.
Yes. However, the lawyer is responsible for reviewing and approving the contents of the document.
Yes.
No. A paralegal may attend a deposition and assist the solicitor or notary public during the affidavit or deposition by taking notes and coordinating documents and exhibits.
Normally no, but it may sometimes be permitted by local court rules. Paralegals can be of great assistance to solicitors at trial and debate and sit at lawyers' tables if court rules do not restrict their presence.
Yes. A paralegal may have business cards on which he/she is clearly identified as a paralegal.
Yes. The paralegal's name may be used provided he/she is clearly identified as a paralegal.
Yes, as long as the paralegal's status is clearly identified. Example:
"Yours faithfully,
SMITH & JONES
By________________________________________
I. M. Handy
Paralegal"
The solicitor may direct the paralegal to sign the solicitor's name to correspondence/pleadings on a document by document basis after the solicitor has reviewed, supervised production, and approved the content of the document. The paralegal should indicate that he/she signed the solicitor's name to the document. One method of indicating this fact is for the paralegal to initial the signature.
Yes. Law firms may not share fees with unqualified personnel but may give paralegals pensions, incentives and salary increases based upon the firm's profitability. These benefits can be given based upon individual performance and/or the firm's profitability. However, a firm may not base compensation upon the outcome of a case.
The substantive legal work of a paralegal (work normally performed by a solicitor in the absence of a paralegal) may be billed directly to the client in the same way an solicitor's work is fee'd. To be billable, the work paralegals perform must not be clerical or ministerial. In circumstances where solicitor's fees are reviewed or awarded by a court, the paralegal hours may be recovered as part of the fee that is reviewed or awarded.
No. A solicitor shall not practice with or in the form of a professional corporation, limited liability company, or association, if:
(a) a paralegal owns any interest in it (except as a representative of the estate of a solicitor );
(b) a paralegal is a corporate director, officer or manager of the limited liability company; or
(c) a paralegal has the right to direct or control the professional judgment of the Solicitor.
The Rules of Professional Conduct and Guidelines do not regulate paralegals. Paralegals who are members of national and local paralegal associations are required to follow the Codes of Ethics of those associations. These codes contain the following requirements, which are similar to the requirements governing the ethical conduct of lawyers:
(a) Maintaining a high level of competence and personal and professional integrity;
(b) Maintaining a high standard of professional conduct;
(c) Serving the public interest by contributing to the delivery of quality legal services and the improvement of the legal system;
(d) Preserving all confidential information provided by the client or acquired from other sources before, during and after the course of the professional relationship;
(e) Disclosing one's status and title;
(f) Avoiding the unauthorized practice of law;
(g) Avoiding conflicts of interest and disclosing conflicts to employers/clients and prospective employers/clients.
The solicitor is ultimately responsible for the work product and ethical conduct of a paralegal. Paralegals are not subject to professional discipline. The solicitor must give ethical guidance and direction to the paralegal. The supervising solicitor must ensure that the paralegal's work product and conduct comply with the Rules of Professional Conduct and these Guidelines. The solicitor should:
(a) develop policies regarding the delegation and supervision of the work product and conduct of the paralegal;
(b) communicate the policy to the paralegal;
(c) enforce the policy; and
(d) have a system of review and feedback to ensure the policy is being followed.
Yes. The employer is responsible for the paralegal's direction and ethical guidance. The supervisory measures that the lawyer applies should take account of the fact that paralegals are not subject to professional discipline. The lawyer is ultimately responsible for the work product and ethical conduct of the paralegal.
At the beginning of all professional communications with others, the paralegal shall disclose that he or she is a paralegal. The solicitor shall instruct the paralegal to make this disclosure. If the solicitor is present, the solicitor should introduce the paralegal and identify him/her as a paralegal.