Question

What kinds of work can both a paralegal and a lawyer perform for a customer in your locale (Illinois)? For what reason would a customer consider recruiting a paralegal instead of a lawyer? OK, think about performing a function as a free paralegal?

Answer 1

A paralegal is a person, having qualified education, training or work experience who is employed or trained by a lawyer, law firm, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.

• Paralegals are not licensed as attornys are but are qualified to perform their responsibilities by completing an educational program, receiving training on the job, or through actual work experience.
• Paralegals perform substantive legal work that would otherwise be done by attorneys.
• Attorneys remain responsible for legal work delegated to paralegals and must supervise paralegal's work.
• Paralegals work under the supervision of attorneys and are not "document preparers" working directly with the public.
• Paralegals can be delegated any task normally performed by a lawyer, as long as the lawyer supervises the work, except those proscribed by law.
• For example, paralegals can review and organize client files, conduct factual and legal research, prepare documents for legal transactions, draft pleadings and discovery notices, interview clients and witnesses, and assist at closings and trials.
• Paralegals must avoid the unauthorized practice of law. Generally, paralegals may not represent clients in court, take depositions, or sign pleadings.
• Some federal and state administrative agencies, however, do permit non-lawyer practice. For example, Social Security Administration. Check with specific agency to determine whether nonlawyer practice is authorized.
• Paralegals may not establish the attorney's relationship with the client or set fees to be charged, and may not give legal advice to a client.