Question

Explain why lawyers are not as good at identifying and aiding battered women clients as they should be, what makes paralegals better at it, and steps each should take in creating an identification protocol, including working with the battered woman.

Answer 1

ABA Groups Standing Committee on Paralegals Information on the Profession

INFORMATION ON THE PROFESSION
Information for Lawyers: How Paralegals Can Improve Your Practice
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It's one of the most important skills in practicing law: building an effective work team to serve clients in the best possible manner and generate profits. Paralegals can be a key element in that team, especially in fostering cost efficiency. The information in this section is intended to guide you in the effective utilization of paralegals in your practice.

The Paralegal Role in the Legal Profession

1. What is a paralegal?
2. How are paralegals regulated?
3. What is a "certified" paralegal?
4. How is the American Bar Association involved with the paralegal field?
Paralegal Work Assignments

5. What can paralegals do?
6. How would a paralegal improve my practice?
7. How would a paralegal improve my practice's bottom line?
8. May I include my paralegal in my firm's pro bono activities?
Ethical Considerations

9. What are my ethical responsibilities in employing a paralegal?
10. What are my paralegal's ethical responsibilities?
11. How do I inform my clients about my paralegal's role?
12. May I screen my paralegal to avoid disqualification of my law firm under conflicts rules?

Fees & Compensation Issues

13. What fees should I charge for my paralegal's work?
14. How do I compensate my paralegal?
15. Do I have to pay my paralegal for overtime?

Recruitment & Education

16. How do I recruit and hire a well-qualified paralegal?
17. What qualities should I look for in hiring a paralegal?
18. What sort of educational programs would a paralegal have completed?

The Paralegal Role in the Legal Profession
1. What is a paralegal?
A legal assistant or paralegal is 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. ( ABA House of Delegates, 1997)
The titles "paralegal" and "legal assistant" are generally synonymous. One state, California, has a law specifying who may use the title "paralegal," and other states, such as North Carolina and Wisconsin (PDF) are considering similar proposals. Maine, Indiana (PDF) and South Dakota have defined the terms. Maine's definition also carries fines for misuse.
Paralegals are qualified to perform their responsibilities by completing an educational program, receiving training on the job, or through actual work experience. They are not licensed as attorneys are.
Paralegals perform substantive legal work that would otherwise be done by attorneys. Clerical work is not substantive legal work.
Attorneys remain responsible for legal work delegated to paralegals and must supervise paralegals' work.
Paralegals work under the supervision of attorneys and are not "document preparers" working directly with the public.
2. How are paralegals regulated?
Paralegals currently are not licensed as lawyers are, nor subject to any other regulatory scheme. California, however, requires a certain level of education of persons using the title "paralegal."
3. What is a "certified" paralegal?
Technically a "certified" paralegal is a paralegal who has completed the voluntary certification process of a professional association by developing a specified level of professional competency.
The National Association of Paralegals (NALA) awards the designation Certified Legal Assistant (CLA) or Certified Paralegal (CP) to persons who have met its requirements, which include passing a competency exam. Advanced specialty certification (CLAS) exams are also administered by NALA, as are a few state-specific advanced competency examinations.
The National Federation of Paralegal Associations (NFPA) awards the designation Registered Paralegal (RP) to persons who have met its requirements, which include passing the Paralegal Advanced Competency Exam (PACE).
NALS...the association for legal professionals, awards the Professional Paralegal (PP) certification designation which reflects a proficiency in procedural law, substantive law and an overall commitment to a higher standard of conduct and professionalism. NALS' Professional Paralegals may distinguish themselves further by earning Specialty Certifications in various substantive law areas. For information on the exams, test dates, eligibility requirements, etc., please visit NALS' website at www.nals.org.
The American Alliance of Paralegals (AAPI) awards the designation American Alliance Certified Paralegal (AACP).
The Texas Board of Legal Specialization offers a voluntary specialty certification program in six areas of Texas law. Florida, North Carolina, and Ohio also have state-specific voluntary certification programs.
The term "certified" is sometimes mistakenly used when referring to a paralegal who has earned a certificate by completing a course of study.
The American Bar Association does not certify individual paralegals.
4. How is the American Bar Association involved with the paralegal field?
The ABA endorsed the use of paralegals in 1967 and established the first committee on paralegals in 1968.
Since 1975 the ABA has approved paralegal programs that satisfy the rigorous standards of the ABA Guidelines for the Approval of Paralegal Education Programs (PDF).
The ABA adopted Model Guidelines for the Utilization of Legal Assistant Services in 1991. The ABA Model Guidelines for the Utilization of Paralegal Services (PDF) were revised in February 2012. Many states such as Indiana, New Hampshire, North Dakota, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, and state bar associations such as Colorado, Connecticut, Michigan, Missouri, New Mexico, New York (PDF) and North Carolina have adopted these guidelines or their own versions.