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How Paralegals Are Utilized

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  6. How Paralegals Are Utilized

published March 10, 2014

By CEO and Founder - BCG Attorney Search left
Published By
( 16 votes, average: 4.8 out of 5)
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In 1998, the American Bar Association published the results of a comprehensive survey of its members engaged in private practice. The survey, which examined the utilization of legal assistants (the term used in this survey rather than paralegal), revealed the following:
 
  • Almost two-thirds of the lawyers who responded to the survey employed legal assistants.
  • Large firms are more likely to employ legal assistants than small firms.
  • Lawyers in smaller firms delegate more tasks, such as drafting correspondence and legal documents, interviewing clients, and serving as a liaison with clients to legal assistants than those in large firms.

Paralegals can perform many more tasks than those listed above, however. To understand the broad spectrum of skills a paralegal must possess, consider the following list of tasks that can be assigned to paralegals in the criminal, domestic relations, environmental, and estate areas of practice. (The lists are extracted from the article "Paralegals: Changing the Practice of Law" by Jacqueline Rasmussen and Paul Sedlacek, which appeared in the 1999 South Dakota Law Review.) Many of the terms used below will be unfamiliar to you at this time. They are included only for the purpose of giving you a sense of the broad scope of tasks assigned to paralegals. For now, simply skim over this list; then, after you have read the entire text, come back to this section and read the list more carefully to get a clearer picture of what paralegals are asked to do.


Criminal Defense
 
  1. Gather initial information from the client.
  2. Assist the attorney in the bail process, the preliminary hearing, and the trial and appeal processes.
  3. Obtain information with regard to the charge.
  4. Research possible defenses.
  5. Obtain copies of related court documents and records.
  6. Locate evidence and obtain exhibits.
  7. Investigate the crime scene.
  8. Locate and interview witnesses.
  9. Locate expert witnesses.
  10. Review the State's evidence with the attorney.
  11. Maintain a file with regard to dates and deadlines.
  12. Prepare legal research for pretrial motions and trial.
  13. Assist in the development of defenses, theories of the case, and trial strategy.
  14. Draft pretrial motions and supporting documents.
  15. Obtain, list, and mark exhibits.
  16. Organize and index files.
  17. Prepare subpoenas and arrange for service.
  18. Review the jury list.
  19. Draft voir dire examination questions.
  20. Assist in preparation of direct and cross-examination question for clients and witnesses.
  21. Assist in preparation of clients and witnesses.
  22. Draft the jury instructions.
  23. Schedule the witnesses' times for testimony.
  24. Arrange for travel and accommodations for witnesses.
  25. Prepare trial notebooks.
  26. Prepare exhibits and visual aids.
  27. Prepare trial briefs.
  28. Assist in the trial.
  29. Assist in the preparation of post-trial motions and other proceedings.
  30. Assist in the preparation for sentencing hearing.
  31. Draft the notice of appeal.
  32. Research and draft the appellate briefs.

Domestic Relations
 
  1. Conduct the initial interviews of prospective clients.
  2. Maintain files on resource materials for clients.
  3. Draft the commencement pleadings including the summons, complaint, affidavits, admissions of service, and protection orders.
  4. Draft correspondence to clients, courts, and attorneys.
  5. Arrange for service of process.
  6. Investigate the facts.
  7. Develop forms for gathering information from clients.
  8. Conduct client interviews.
  9. Conduct witness interviews.
  10. Collect documents.
  11. Set hearing dates and arrange for notice.
  12. Assist in settlement negotiations.
  13. Draft stipulations for temporary orders.
  14. Draft subpoenas and arrange for service.
  15. Prepare financial affidavits.
  16. Analyze income and expense information.
  17. Work with accountants, financial advisors, and other experts.
  18. Retain appraisers for real estate, business, and personal property.
  19. Prepare child support worksheets.
  20. Work with clients and child support agencies in compiling information for determining child support.
  21. Draft discovery requests.
  22. Assist clients in gathering documents and data to respond to discovery requests.
  23. Prepare responses to discovery requests.
  24. Organize, index, and summarize discovered and produced materials.
  25. Prepare for and assist at depositions.
  26. Develop and maintain databases for indexing and tracking discovered and produced materials.
  27. Maintain files on mediation professionals.
  28. Assist in scheduling mediation sessions with clients and opposing counsel.
  29. Assist in preparing clients for mediation.
  30. Communicate settlement proposals and counteroffers to the client and opposing counsel.
  31. Assist the attorney in an analysis of proposed settlements.
  32. Research legal questions and assist in drafting correspondence, briefs, and memoranda.
  33. Maintain files on current case law.
  34. Maintain files on stipulation provisions.
  35. Assist in drafting stipulations.
  36. Prepare decrees, affidavits, and orders.
  37. Prepare motions and supporting documents.
  38. Prepare trial notebooks and trial exhibits.
  39. Prepare pretrial conference checklists.
  40. Maintain files on experts in various fields.
  41. Arrange for expert witnesses and assist in preparing witnesses and clients for trial.
  42. Assist at trial.
  43. Prepare findings and conclusions, final orders, and notices of entry of judgment.
  44. Prepare documents for a transfer of assets.
  45. Arrange for filing and recording of transfer documents.
  46. Review bills for tax-deductible fees.
  47. Prepare post-trial and execution documents.
  48. Draft pleadings for withdrawal from case.
  49. Prepare the notice of appeal.
  50. Research and draft an appellate brief.

Environmental Law
 
  1. Research questions pertaining to environmental law.
  2. Maintain files on pertinent state and federal statutes.
  3. Maintain files on pertinent case law.
  4. Maintain files on state and federal regulations.
  5. Maintain files on pertinent secondary materials for a broad information base.
  6. Gather and examine information from various governmental agencies.
  7. Review abstracts of title.
  8. Correspond with government officials for data and answers to questions.
  9. Draft memoranda.
  10. Draft instruments such as deeds and assignments.
  11. Draft pleadings.
  12. Maintain indexing and inventory systems for documents.
  13. Review county records.
  14. Prepare affidavits.
  15. Investigate the facts.
  16. Interview clients and other persons.
  17. Prepare information summaries.
  18. Prepare necessary reports.
  19. Develop and maintain research notebooks for future reference.
  20. Prepare bibliographies on environmental topics.
  21. Draft memoranda regarding pertinent issues or public policy developments.
  22. Research the history of the legislation.
  23. Assist in preparation of environmental assessments.
  24. Assist in preparation of environmental impact statements.
  25. Prepare briefs and other memoranda.
  26. Locate and schedule witnesses for hearings.
  27. Assist in preparation for hearings.
  28. Prepare property exhibits.
  29. Assist at hearings.

Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

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  1. Legal Jobs
  2. Legal Articles
  3. Legal Staff
  4. Legal Staff Career Advice
  5. Achieving Success as a Legal Staff Member
  6. How Paralegals Are Utilized

published March 10, 2014

By CEO and Founder - BCG Attorney Search left
( 16 votes, average: 4.8 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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