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Maryland Bar
Bulletin
Publications :
Bar Bulletin
The Evolution of the
Paralegal Profession:
Improving Efficiency and Profitability
By: Dorothe J. Howell
The effective use of paralegals
can significantly boost a firm’s profitability. When properly utilized,
paralegals lead to greater efficiency and larger profits, higher billable hours,
fewer turnovers and a much more focused staff. Law offices that add paralegals
to their staff enable the associates and partners within the firm to focus on
substantive legal work and client development.
The role of a paralegal has
been drastically redefined during the past two decades. Many entities such as
the American Bar Association have published a wide range of definitions.
Nevertheless, all focus on the fact that a paralegal is a person qualified not
only through education and training but also by work experience, and that under
the supervision of an attorney, a paralegal can perform a wide range of tasks,
including specifically delegated substantive tasks, direct contact with the
clients, and, of course, legal drafting and research. A paralegal can work in
many different settings, such as law firms, local and federal government and
corporations.
As the profession has evolved
over the past few decades, paralegals have organized themselves in local and
national associations and have created professional guidelines, much like
attorneys. From the 1970s to mid ‘90s, many paralegal education programs
emerged. Today there are approximately 600 paralegal education programs in the
U.S. and paralegals may choose between certificate programs or two- and
four-year degree programs. National paralegal associations and many state courts
are enacting or considering regulation of the paralegal profession much like
attorneys.
A paralegal should work under
the direct supervision of an attorney who must, of course, make reasonable
efforts to ensure that the paralegal’s conduct is compatible with the
professional obligations of the attorney. Although rules vary by state, the
attorney is essentially subject to disciplinary procedures for ethical
violations committed by his/her paralegal.
A paralegal should be given
substantive tasks according to the skill level and, in offices where support
staff is available, should be assigned secretarial and/or administrative
assistance. A paralegal's time is directly billable to the client.
To ensure that an attorney is
getting the maximum profitability from his or her paralegal, the skill level of
the paralegal should be noted. A paralegal should be given the opportunity to
participate in continuing legal education opportunities as well as opportunities
for professional development, such as the participation in local and national
professional organizations. A paralegal who is treated as a professional and is
allowed participation in practice group meetings generally has greater job
satisfaction.
There are many obstacles to the
effective uses of a paralegal, many of which are directly related to the
inconsistent use of the paralegal, confusion about the role of the paralegal
(the attorney does not know the exact skills level or the volume of work a
paralegal can take on). Often, a paralegal is either not treated as a
professional within the firm or lacks a clear career path within the firm or
corporate setting. Very often the lack of firm structure will detract from
maximum paralegal efficiency. Too much time is frequently spent on
administrative matters. A common mistake is that firms hire too many associates
and therefore create a situation where there might not be enough work for the
associates and the paralegal.
In short, the economic benefits
of employing a paralegal far outweighs the additional ethical responsibility of
the supervising attorney. With the increase in associate salaries and the
economic downturn (accomplishing the same task in the same timeframe, except
cheaper), hiring a paralegal can be much more cost-effective.
A paralegal is not subject to
the same “up or out” model as an associate, therefore minimizing costly
turnover. A paralegal can provide stable long-term leverage. Minimizing costly
turnover among personnel is one of the primary benefits of leveraging a firm
with paralegals.
There are a few rules of
practice, however, that are important to note. A paralegal CANNOT give legal
advice. A paralegal MAY NOT accept case matters directly from the client. A
paralegal may also NOT set fees. A paralegal CANNOT sign pleadings or legal
documents nor can he/she represent clients in court or formal legal proceedings,
including but not limited to formal legal proceedings such as depositions,
unless statutorily or administratively authorized to do so.
Also, the paralegal's
non-lawyer status must always be perfectly clear in all oral and written
communication. There are
specific exceptions to the unauthorized practice of law set forth in the Federal
and Administrative Procedures Act, U.S.C. 555(b). These exceptions pertain to
the Social Security Administration, Internal Revenue Service, Department of
Labor and the Environmental Protection Agency.
Dorothé J. Howell
Legal Assistant
McGuireWoods, LLP
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