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Frequently Asked Questions by Attorneys About Paralegals

Click on a question and you will be taken to the answer for that question.

What is a Paralegal?

What is a Certified Legal Assistant?

Why should an attorney hire a paralegal?

How will attorneys charge for the work paralegals perform?

If an attorney bills the paralegal’s services on a hourly basis, could this concept cut into a firm’s total billings?

Could attorneys use a law student or a young lawyer to do the work attorneys would delegate to a paralegal?

Do clients object to being served by a paralegal?

What is the role of attorneys utilizing paralegals in the law practice?

Where can attorneys find information on ways of utilizing paralegals.

How can a law firm develop a paralegal department?

How can attorneys find a qualified paralegal?

What is CAPA’s Position on Education for entry level paralegals/legal assistants ?

What is American Bar Association (ABA) Approval?

Where can I find an intern?

What duties can be delegated to a paralegal?

What is a California Advanced Specialists (CAS)

How do I know what a paralegal can really do?

What type of educational background should I look for in an applicant?

Are California paralegals/legal assistants required to satisfy continuing legal education?

Can a paralegal work for the public performing dissolution of marriages, etc.

What things can a paralegal NOT DO?

Can I put the paralegal’s name on a business card or letterhead?

How should my paralegal sign letters on behalf of the firm?

Who regulates my paralegal?

What are the mechanisms for regulation:

What is a contract or freelance paralegal?

How can I find a contract or freelance paralegal?

If I hire a contract paralegal, are there requirements to withhold income and social security taxes so that I do not run into problems with the IRS?

How do I choose a paralegal program?

How much do paralegals earn?

How do I know which are the best courses to take while in paralegal school?

Where is the job market the best?

Will I be expected to perform secretarial and/or clerical duties?

How important is ABA approval?


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What is a Paralegal?

Under California law, a paralegal has been defined as a non lawyer who performs substantive legal work under
the supervision of an attorney, meets defined educational requirements, and participates in Mandatory Continuing Legal
Education as required by law.

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What is a Certified Legal Assistant?

A certified legal assistant is a paralegal/legal assistant who has
successfully completed the voluntary comprehensive two-day Certified Legal Assistant Examination (CLA) offered by the
National Association of Legal Assistants (NALA).Those who have successfully completed a paralegal program are “certificated” not “certified.”

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Why should an attorney hire a paralegal?

  • Frees up attorney time to handle more complex cases and serve more clients.
  • Allows the attorney to accept a large volume of cases thereby increasing revenue.
  • Paralegals can perform quality legal services to the client at a lower cost to the client.
  • Allows the attorney to market his or her legal services as being progressive and efficient.
  • The paralegal is generally available to meet with the clients when the attorney is unavailable or when the attorney’s presence is not necessary.
  • Allows more time for the attorney to meet mandatory continuing education requirements and to keep abreast of new or repealed laws and reported cases.
  • Allows the attorney to accept pro bono cases or represent clients or to represent clients in noteworthy cases.

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How will attorneys charge for the work paralegals perform?

Most attorneys bill paralegal time directly to the client on a hourly basis.

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If an attorney bills the paralegal’s services on a hourly basis, could this concept cut into a firm’s total billings?

A paralegal’s contributions substantially increase the firm’s bottom line when properly utilized and billed at a competitive rate for preparation of substantive legal work

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Could attorneys use a law student or a young lawyer to do the work attorneys would delegate to a paralegal?

Yes. However, the firm risks the law student or young lawyer becoming dissatisfied. Using a law student or young lawyer to do work which can be
delegated to a paralegal is a short-term approach. Paralegals have more education and training in procedural
aspects than law students or young lawyers. In addition, the firm risks having its fees reduced by
case law if the work is not delegated to a person with the lowest billing rate, and the law student and young associate
will move on, leaving a gap in the case knowledge.

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Do clients object to being served by a paralegal?

No. In fact, in many instances, clients prefer working with a paralegal because the paralegal is usually available when needed and billed at a lower rate.

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What is the role of attorneys utilizing paralegals in the law practice?

Refer to the American Bar Association (ABA) Model Guidelines and the National Association of Legal Assistants (NALA) Model
Guidelines, which set forth the attorney’s role in utilizing paralegals/legal assistants.

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Where can attorneys find information on ways of utilizing paralegals.

Refer to the California Alliance of Paralegal Association (CAPA) Handbook on Paralegal Utilization at CAPA’s website at CAparalegal.org.

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How can a law firm develop a paralegal department?

  • The firm must structure, organize and systematize the law practice so that substantial portions can be delegated
    to legal assistants with appropriate supervision and review.
  • There must be an understanding of benefits of utilizing paralegals, i.e, economy, efficiency and better work product.
  • Designate a group of lawyers committed to the concept of paralegal utilization.
  • Implement the paralegal program in a way that the paralegals are kept highly productive. Legal assistants billing rate
    should cover their salary, office space, secretarial help, use of office services, and a profit for the firm.
    Rates can be raised with experience.
  • Educate others who are not committed to utilization of paralegals.
  • Prepare job description for each practice area (serves as a list of tasks and responsibilities) a paralegal may perform.
    Obtain a copy of the CAPA Handbook on Paralegal Utilization. A paralegal’s responsibilities and skills should grow with experience.
  • Monitor and maintain the continuing education requirements for paralegals as specified under under the law.

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How can attorneys find a qualified paralegal?

Determine the area of practice and the needs of the attorney, and then decide:

  • Will the position be full-time or part-time?
  • Will the position be for a permanent employee or can the services of a freelance paralegal be utilized on a case-needed basis?
  • Can the need be met by upgrading the skills of current employees through a paralegal certificate program?
  • What skills, experience and education are required?
  • Do you need an entry level, experienced or specialized paralegal?

Develop a Profile of the Perfect Paralegal Candidate

  • Is a strong, non-legal background in a related field required (i.e. real estate, medical, water rights, etc.)?
  • What is the minimum level of education required and are specialty degrees required (i.e., engineering degree, accounting, English, etc.)?
  • Is a paralegal degree or certificate from a paralegal program necessary? Does the program need to be ABA approved or does the
    paralegal program attended meet core requirements as a paralegal program?
  • Is a bilingual paralegal required?
  • Is the knowledge of computer software programs essential and, if so, what programs does the paralegal need to be proficient in?
  • Are legal research skills needed?

Develop Interviewing Questions for the Paralegal Candidate

  • What are the paralegal’s long-term goals? Enables the attorney to obtain information about the
    individual’s professional commitment and career planning.
  • How does the paralegal handle stressful situations? Helps determine whether the individual can work under
    pressure to meet important deadlines.
  • Ascertain what the paralegal does to maintain his or her skills and what continuing education classes
    have been attended or will be considered.
  • Determine whether the individual is willing to increase his or her skills and knowledge and acquire networking contacts.
  • Inquire about the paralegal’s work habits. Permits speculation about whether the individual works
    independently and is self-motivated or needs constant supervision and hand-holding.
  • Ask whether the paralegal is creative and/or analytical. May help determine if the individual would be better
    suited for legal issues and substantive work or factual issues working with witnesses, documents and preparing exhibits.
  • Ask about the paralegal’s previous employment including work experiences and interaction between other
    office staff and attorneys. Enables the attorney to evaluate the individual’s personality and ability to
    work with others and how the paralegal handled positive and negative situations.

Search for Key Characteristics to Aid in Identifying a Successful Paralegal:

  • Professionalism (i.e., dress, poise, presentation, etc.)
  • Above-average intelligence
  • Ability to think logically
  • High level of writing ability
  • Ability and willingness to communicate
  • Able to assume responsibility
  • Ability to work independently with minimal guidance
  • Excellent organizational skills
  • Attention to detail
  • Understanding of the ethical and confidentiality requirements
  • Self confident with a positive attitude
  • Takes personal pride in upgrading skills and knowledge by continuing education

Sources for Locating a Paralegal:

  • Advertisements in the classified section of a local newspaper
  • Employment agencies specializing in legal staff
  • Local paralegal association job bank
  • Advertise in local paralegal newsletter
  • “Word-of-mouth” through other paralegals and attorneys

(Excerpts taken by permission from Diane Petropulos’ article “How to Hire a Perfect Paralegal“, published by State Bar of California Law Practice Management Section, August, 1992.

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What is CAPA’s Position on Education for entry level paralegals/legal assistants ?

CAPA’s position is that paralegals entering the profession should possess a degree and a
paralegal certificate from an accredited school.

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What is American Bar Association (ABA) Approval?

The ABA Standing Committee on Legal Assistants adopted certain criteria that must be met for a
paralegal program to meet ABA approval. ABA approval is voluntary. If a school seeks ABA approval, two important
standards must be met:

The school offering a paralegal program must be a part of an accredited educational institution.

The school must offer at least 60 semester or 90 quarter units with general education. At least 18 semester
units or 27 quarter units must satisfy legal specialty courses.

Many paralegal schools are in compliance with the ABA guidelines for approval but some schools
chose not to seek the ABA approval because of the expense.

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Where can I find an intern?

Many legal assistant education programs include an internship as part of the curriculum. Contact the local paralegal
associations or local college for your area or county about the internships available from local schools. The internship
enables a student to utilize skills acquired in the program in combination with practical on-the-job experience.
Private law firms, public defender or attorney general offices, banks, corporate legal departments, legal aide
programs and governmental agencies offer internships.

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What duties can be delegated to a paralegal?

The duties which can be delegated to a paralegal vary greatly and depend upon the areas
of legal specialization a paralegal/legal assistant is performing.  The tasks which may be performed by paralegals
may include but are not limited to, case planning, development and management; legal research; interviewing clients; fact
gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical
information to make an independent decision and recommendation to the supervising attorney

The CAPA Handbook on Paralegal Utilization describes the various tasks a paralegal can perform for each field of law.

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What is a California Advanced Specialists (CAS)?

A California Advanced Specialists (CAS) is a paralegal/legal assistant who has
successfully completed the comprehensive two-day voluntary Certified Legal Assistant (CLA) examination and the four-hour
California Advanced Specialty (CAS) examination offered by the National Association of Legal Assistants (NALA).

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How do I know what a paralegal can really do?

Review the applicant’s resume for educational background, prior law-related experience,
request references and work samples.  In preparation for the interview, you may want to develop a list of questions
designed to assess the applicant’s knowledge, skills and abilities and the process used in preparing legal documents.

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What type of educational background should I look for in an applicant?

Paralegals typically have education falling into one of the following categories:

A bachelor degree in paralegal studies from a university.

Most commonly, paralegals are educated at community colleges which offer an American Bar Association
approved paralegal certificate or an Associate of Science Degree in law-related courses, or a certificate or Associate of Science
Degree in law-related courses from a non-ABA approved postsecondary institution.

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Are California paralegals/legal assistants required to satisfy continuing legal education?

Yes, there are three separate requirements for continuing legal education:

First, Certified Legal Assistants (CLAs) are required to submit proof of
completion of 50 hours of continuing legal education every five years to the National Association of Legal Assistants (NALA) to
maintain a valid Certified Legal Assistant Credential.

Second, every two years, a paralegal /legal assistant must certify completion of four hours of
mandatory continuing education in either general law or in specialized areas of law (Business & Professions Code §6450(d)).

Third, every two years, a paralegal/legal assistant employed must certify completion of four hours
of mandatory continuing legal education (MCLE) in legal ethics (Business & Professions Code §6450(d).

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Can a paralegal work for the public performing dissolution of marriages, etc.

No. Under Business & Professions Code §6450, paralegals work under the direction and supervision of active members of
the State Bar of California or attorneys practicing in federal courts of California.

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What things can a paralegal NOT DO?
  • Provide legal advice.
  • Represent a client in court.
  • Select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney
    who directs and supervises the paralegal.
  • Act as a runner or capper, as defined in Sections 6151 and 6152.
  • Engage in conduct that constitutes the unlawful practice of law.
  • Contract with, or be employed by, a natural person other than an attorney to perform paralegal services.
  • Induce a person to make an investment, purchase a financial product or service, or enter a transaction
    from which income or profit, or both, purportedly may be derived.
  • Establish the fees to charge a client.

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Can I put the paralegal’s name on a business card or letterhead?

Absolutely. There is no law, rule or regulation which prohibits the lawyers from including their paralegals’
names on letterhead or allowing paralegals to carry business cards as long as the paralegal’s title is clearly indicated.

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How should my paralegal sign letters on behalf of the firm?

A paralegal should sign his or her name with title underneath.

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Who regulates my paralegal?

No one. Under Business and Professions Code §6450, et seq., no state agency was created to regulate paralegals.
However, paralegals should maintain their educational certificates in their firm’s personnel file with a duplicate
file in their possession.  Paralegals should also make sure their credentials are in the organization’s personnel file.

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What are the mechanisms for regulation?

Certification

A voluntary form of regulation. A process by which a non-governmental agency or
association grants recognition to an individual who has met certain predetermined qualifications specified by that agency or
association which usually involves passing an examination drawn up by the organization or certifying agency.

Presently, neither the paralegal programs offered in California, nor the State Bar of California nor the American Bar
Association (ABA) certify paralegals. Once a paralegal successfully completes a paralegal
program in California, that paralegal is “certificated.” The National Association of Legal Assistants (NALA)
offers the Certified Legal Assistant Program which is nationwide and the California Advanced Specialty Examination which is state
specific. Once these examinations are passed, a paralegal can use the designations “CLA ,”CAS.”

Licensure:

A mandatory form of regulation. A process by which an agency of a state government grants permission to persons
meeting predetermined qualifications to engage in a given occupation and/or use a particular title or grants permission
to institutions to perform specific functions. The primary purpose of licensing is to demonstrate proficiency for
entry into a profession with minimal competency defined by the legislature. Licensing is a mechanism for public
consumer protection.

Registration:

A less rigid form of regulation and involves the filing of specific identified information with a governmental body for
purposes of monitoring, control and recourse. Registration may be either voluntary or mandatory. The purpose of registration
is to provide identification of members in a given profession. Certain qualifications are minimal and are often defined
within the registration process. Registration lends itself to identification of members of a profession and less to the
efficiency or professional achievement.

Technically, the paralegal does not fall into any of these three categories. However, Business and Professions
Code Section 6450 does set forth educational requirements which California paralegals must satisfy.

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What is a contract or freelance paralegal?

A contract or freelance paralegal is someone who performs substantive legal work for law firms or corporations, or
other entities but is self-employed. This person contracts with law firms to handle overflow tasks and can perform
any assignment that could be delegated to a paralegal employee. The contracting or freelance paralegal’s work is reviewed
by the contracting attorney who is ultimately responsible for the work performed.

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How can I find a contract or freelance paralegal?

The best way is by word of mouth. You can ask for referrals from your paralegal employees, colleagues, or
the paralegal association in your area. Often times, freelance paralegals post their business cards at the local
courthouse or law libraries or may advertise in the local bar association newsletters. Another source is through legal
temporary placement agencies. You may also check the references that the paralegal will provide upon request.

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If I hire a contract paralegal, are there requirements to withhold income and social security taxes
so that I do not run into problems with the IRS?

Generally not. However, you should determine the business status of the contract paralegal. In other words, does the
contract paralegal satisfy the requirement to qualify as an independent contractor? In determining whether a paralegal
is an independent contractor, the IRS looks at whether the contract paralegal has more than one client; pays his or her
own business expenses; is allowed to prioritize his or her work assignments; works at your office or at home; sets his
or her own hours, and whether you provide training for the contract paralegal to accomplish assignments.

If the contract paralegal you hire does not meet the requirements for an independent contractor, you may be deemed to be
his or her employer and may be assessed penalties for failure to withhold income and social security taxes. It may be
advisable to enter into a written agreement which states that the paralegal is responsible for paying his or her own
income taxes and that the firm will not provide workers compensation or unemployment insurance.

(Responses to the last three, were taken by permission from an article by Stacey Hunt, CLA, entitled
Freelance Paralegals: A Valuable Source of Help for the Small Office,
which appeared in Volume 21, No. 4 of the Bottom Line, the official publication of the State Bar of
California Law Practice Management and Technology Section).

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How do I choose a paralegal program?

The leading national professional and educational organizations involved with the paralegal profession
have developed a guide to assist in helping you choose a paralegal program. The guide is titled
How to Choose a Paralegal Program” and can be
found on the American Bar Association’s website of by following the link in this paragraph.

In addition the American Bar Association Subcommittee on Legal Assistants has a list of Paralegal Programs which
have been approved by the American Bar Association. Follow this link for the
List of Approved Programs.

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How much do paralegals earn?

The pay scale for paralegals varies widely depending on several factors including what area of the country the paralegal
practices in, the size of the employer, the area of law in which the paralegal specializes and how many years of
experience the paralegal has. The best source of information is local information, i.e. information about paralegal
salaries gathered by a paralegal school or local professional organization. Schools often survey their alumni to gather
information about work experiences, including pay. Paralegal associations sometimes survey their members about many
things besides salaries, including benefits, billable hours and other matters of interest to paralegals. If you do
not have access to either of these sources of information, your next best bet is to check with either of the
two national associations, the National Association of Legal Assistants or the National Federation of Paralegal
Associations. They may have salary survey available on their web sites. If you are not a member, there may be a
charge for the information. Another source of regional data is the salary survey published annually by Legal Assistant
Today magazine.

One of the important things when comparing salaries is to make sure you are comparing apples with apples
and oranges with oranges. One salary may seem higher, but you may not get paid for overtime, or there may be less
fringe benefits and perks. Employers vary on whether they pay overtime or not, so be sure to check! Make sure you
are analyzing the entire compensation package including sick pay, holiday pay and how much vacation time you can earn.

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How do I know which are the best courses to take while in paralegal school?

There are several factors to consider when answering this question, some which are practical and some which
are more personal. First of all, you need to think about what area or areas of the law interest you.
Sometimes it’s easier to approach this task by ruling out the areas you are absolutely NOT interested in. For example,
if you truly hate stress, litigation may not be for you. If you are not a good “hand-holder” you may want to avoid
family law. Your next task, which is more on the practical side, is to do some research on a breakdown of the
practice specialties of the paralegals in the area in which you plan to live and work. If you will be employed in a
large city, you are more apt to find positions in intellectual property or corporate work than if you lived in a very
small town, where many attorneys are still general practitioners. To be as marketable as possible, you should try to take
the courses offered by your school in which you will most likely be hired.

Keep in mind that it is possible to over-specialize. One of the purposes of your schooling is obtain a broad base of
knowledge from which you can draw from. Since many areas of the law overlap each other, the learning you do will
probably never be wasted. For instance, some knowledge of bankruptcy laws will serve you well in litigation,
when a defendant you are chasing down for unpaid bills becomes insolvent. Familiarity with tax law may come in
handy in dividing up assets in a marital dissolution.

Remember, if there is an practice area that your school does not offer, you will able to take continuing education
classes through paralegal conferences and training programs in the specialties that interest you.

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Where is the job market the best?

This, as with salaries, depends on geographic considerations and practice areas. Timing is also an issue:
specialties that were booming a few years ago can cool off. To get the most current information on this topic, check
the trade periodicals. Legal placement agencies are also a good source of information on where the employment
markets are hot.

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Will I be expected to perform secretarial and/or clerical duties?

How much clerical work you will be required to do, if at all, usually depends on the size of the office in
which you work. Large offices usually have ample support staff to provide paralegals with at least a shared secretary,
plus have the personnel necessary to do copying, answer the phones, file documents, run errands and the other myriad
tasks generated each day in a law firm. Of course, having people who are paid a lesser salary than a
paralegal to do this sort of work makes good economic sense because it frees the paralegal up to perform billable work that
bring revenues into the firm. However, smaller offices simply may not have the cash flow to provide support to their
paralegals. In fact, some small offices consist of just a paralegal and an attorney and it falls upon the paralegal
to answer the phones, type, get out the bills AND perform his or her paralegal tasks. You will have to do some soul
searching to find out just how much clerical work you can stand and then choose your employer accordingly. Large
and small offices each have their pluses and minuses. One thing to remember is that to get along best with others, you
may need to exhibit flexibility in times of rushes or other office emergencies. If your secretary is busy helping
someone else, you should be prepared to type and file your own letter. If the office copy person is out sick for
the day, know how to operate the copier so you can get the job done yourself.

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How important is ABA approval?

ABA approval was once the final word on the quality of a paralegal program. The reason for this is attorneys,
who were the ones most likely doing the hiring, were familiar with the concept. The ABA (American Bar Association)
is also in the business of approving law schools. The three letters have become synonymous with attorneys
for a good quality educational program, whether it be for paralegals or attorneys. However, over the years a few
things have changed. The quality of paralegal programs, with the assistance of organizations such as the American
Association for Paralegal Education, has improved dramatically. Secondly, the administrators in charge of hiring have
become more sophisticated. They now know what to look for in a quality paralegal program and its graduates. In some
areas the “ABA approved” requirement is gradually giving way to a paralegal certificate from any respected school plus
either a Bachelor’s or Associate’s degree, however many of the large firms found in metropolitan areas still require a
certificate from an ABA approved paralegal program plus a Bachelor’s degree. The best bet is to check with your local
paralegal association for insight on how important ABA Approval is in your area.

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