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Paralegal in the legal system
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Paralegal in the legal system
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There are many Legal culture groups, so when joining or interviewing for a position insure you understand the following:
Partner/Associate or Lawyer/Paralegal Ratio:
For Lawyers law firms are either a Partnership or an Association. A partnership some Lawyers are partners with equal shares and blanket insurance, so if a partner fails a care it reflects on all partners, and associates carry their own insurance and are solely responsible for their failures. In an association, one Lawyer is the owner and has their own insurance, and the associate has their own insurance and failures only reflect on the person handling the case.
In a Lawyer/Paralegal ratio, the Lawyer carries the insurance and is solely responsible for the actions of the Paralegal.
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The Paralegal must abide by the States code of conduct and ethics for Lawyers and the Model Standards and Guidelines for Utilization of Paralegals. Single Lawyer firms are difficult because the Lawyer tends to direct the Paralegal culture in the firm. The firm where I worked was a single Lawyer, a Paralegal (me), and a Receptionist. The Lawyer had her culture, which was it was her way or no way, whether she was right or wrong, she was right. She would often change the procedure for how the Paralegal and Receptionist performed their duties. Such as the Receptionist documents calls one way today and tomorrow she will want a different way, and then next week it changes to something different or back to the original way. The Paralegal would constantly draft motions, briefs, and acceptance/non-acceptance letters, faxes, documents for Lawyers, and while today it is correct, tomorrow it will be wrong. I could actually take a document in for her to ok the document and she would make marks all over the document, I would make the changes, and again she would review it and mark it back to what I originally had (Werner, 2005). Diversity: Understanding the diversity of whom you are working with is important. If you have a problem working with anyone, you have to learn to put that stuff aside and do the job (Werner, 2005). Home v. Satellite Office: Are you allowed to dial-in and work at home or do you work in a different location from the main headquarters? Office Location: Is the office located in an area relevant to the Courthouse and jail (Werner, 2005)? Clientele: Some Lawyers do not want to handle Pedophiles, Felons, and Domestic Abuse, they prefer to have clients that want to prepare their estate in case something happens. I saw this first hand, the Lawyer I worked for put criminals into 2 categories: Felons and Non-Felons. Felons were unable to conform to society and were not rehab able (Werner, 2005). Firm Governance: Who ride roughshod over the firm?
Does the Lawyer do this or does the Paralegal, is there a committee? My Lawyer dictated everything, who, how, when, and time limit, thinking that everything should take less time than actually necessary. As I learned working toward my Bachelor’s degree in Paralegal Studies, I discovered there were things and procedures that we were improperly doing. Some were actually criminal, when I brought the areas that we needed to change to her attention. She did not want to hear that, it was her business and anyway I was just a Paralegal and she had a Juris Doctorate degree and a Licensed Lawyer (Werner, …show more content…
2005). Word on the Street: How people feel about a firm says a lot, if there are mistakes who is to blame.
Also how clients see client services such as communication, greeting, making them comfortable, accurate case status’, and the resolution of situations. Actual public opinion is low (Werner, 2005).
The first divorce I ever worked was a couple that was fighting over every little thing. I sat in on the Lawyer interview, so I could learn and do them from now on, and listed everything, bank accounts, guns, house, outstanding payments, child information, and vehicles. Once I had all this information, I was supposed to fill out the divorce complaint, notice of hearing, complainant personal information, divorce agreement, and finial decree of divorce. I drafted everything up and gave it and the interview notes to the Lawyer for review. She had me change a couple of things but they were ready for signatures. She met with the couple, they read it over looking for discrepancies, and signed the documents. Next working day I filed the documents and set the day of hearing. The judge signed the divorce 90 days later and they were
divorced. About 4 months later, the ex-wife (our client) came in with a problem she had gone to finance a house when she learned that one of the accounts were still in her name and that account was delinquent. Therefore, the Lawyer looked over the documents and asked if the account was on the interview, it was, she then said it was not in the divorce agreement. The client got irate and the Lawyer snapped back, “you went over the papers and you signed, not my fault.” She said she would talk to the bank and see what can be worked out. She called the bank and was told her name cannot be taken off the account without the primary coming in and refinancing her name off the debt. The delinquency was $6000.00, $3000.00 for each side, the Lawyer called me into the office and told me how it was going to cost $3000.00 to fix this and I should pay half. I told her, forget that you reviewed the documents and said it was ready, had them read the documents and then you signed and they signed. She dropped it. A few days later, I was empting the firm’s car, there was a single piece of paper, the ex-wife/client, and the Lawyer signed it. It dissolved the Lawyer of any wrongdoing that the incident was half the fault of the client, because she reviewed, agreed, and signed the agreement and half was the fault of Michael Breeds, because I typed the agreement and failed to include the account information. Nothing about how she is responsible for adhering to GUIDELINE 1 of the ABA MODEL GUIDELINES for the Utilization of Paralegal Services. Which states: “A LAWYER IS RESPONSIBLE FOR ALL OF THE PROFESSIONAL ACTIONS OF A PARALEGAL PERFORMING SERVICES AT THE LAWYER’S DIRECTION AND SHOULD TAKE REASONABLE MEASURES TO ENSURE THAT THE PARALEGAL’S CONDUCT IS CONSISTENT WITH THE LAWYER’S OBLIGATIONS UNDER THE RULES OF PROFESSIONAL CONDUCT OF THE JURISDICTION IN WHICH THE LAWYER PRACTICES.” (American Bar Association Standing Committee on Paralegals, 2004) The Lawyer had to pay the $3000.00 in order to keep the client from posting a complaint against her. I quit, and am living retirement ever since.
Hatch, Scott A., Hatch, Lisa Zimmer. Paralegal Career For Dummies. Hoboken, NJ: Wiley Pub., 2006. Print.
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
This assessment involves gathering information about the preference and needs of the client that relates to the delivery of quality service (Rutter 2005). In this case, of Glenda, the question will revolve about personal strengths, employment, financial stability, living environment, relationships and important people, hopes and dreams, lifestyle and health, and choice making and also determine
The process of problem solving includes identifying the client’s problem or problems, identifying the client’s strengths, identifying the context in what he or she lives, and identifying any cultural aspects that influence his or her life. Because it is important to identify these things correctly, the human service professional should develop a strong client/helper relationship with the individual to truly understand his or her needs. Once this is discovered, the professional can determine the best method of treatment for the issue whether it stems from emotions, beliefs, or behaviors (Woodside & McClam,
...s and what and how they feel about the services of case managers. Provides comprehensive overview of consumers opinions to help in quality service.
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
Before starting the paralegal program, I did not have a clear understanding of what a paralegal actually does. I always been interested in being a paralegal, but never clearly understood the full responsibilities. After being in this program, I have some understanding to the many responsibilities than I initially knew. The primary function of a paralegal is to assist attorneys in preparing for hearing, trials, meetings, and real estate closings. In addition, paralegals can also do other office tasks, such as office management as trainer of new hired paralegal, book keeping, and free lancing.
According to Strupp (1971), “The client, therefore, is not a patient who is sick and who is in need o...
The United States Constitution gives us the right of due process under the Fifth Amendment. The right to an attorney is something that should never be taken away. So how do attorneys help their clients? What standards are set to protect them? There are strict guidelines that attorneys must follow to avoid legal misconduct. These standards are stated by the American Bar Association in the ABA Model Rules of Professional Conduct. It is very important that attorneys decide carefully before taking on a case for many reasons. They must remember that they have to carefully consider the needs and problems of their clients and uphold their ethical responsibilities to their profession and the criminal justice system. It is when a lawyer does not balance the needs of the client with the ethical aspects of his or her profession that misconduct can occur.
Becoming a Lawyer Loving to argue, speak, and to persuade/convince, I have chosen to research the career of a lawyer. I have always been intrigued by the audacity and wit that lawyers have naturally. I will explain the steps in order to be on the right path in order to become a lawyer. While attaining a degree in your undergraduate studies, you must select a major that will be of some assistance and relevance to your particular law career. For example, if you want to be a corporate lawyer, you should major in business or if you want to be a judge, you should major in political science.
In order to help client to felt at ease, I attempted to establish a safe atmosphere for client to disclose his issues and also to develop a sense of trust between us by conveying a non-judgmental and non-critical attitude. I use open questions, to invite client to elaborate on information. At the beginning of the session, I manage to use open question to explore more about client issue. Client presenting problem will be financial
self. The majority of what the Lawyer says is not important or not of significance with the
A look at the statuses in this workplace is key in understanding the social structure. All three attorneys are similar in the fact that they have the achieved status of having become a lawyer. They all attended additional schooling and training to reach this respected status. Ed has the achieved status of college graduate and is treated with the respect deserving of this achievement. He also has the status of paralegal. However, even though becoming a paralegal requires training, his status is considered equal to mine without my having training. My duties do not require special training, but they do require computer and organizational skills. Dan has the additional status of owner and head operator of the firm.
...s often need to work part time in another (8). Most starting lawyers usually works earn less than lawyers partnered with firms (8).