ocos114.htm), the legal assisting profession is expected to rank among the 20 fastest growing occupations in the economy, making legal assisting an exciting occupation with many opportunities for growth.

The Responsibilities of a Legal Assistant

A legal assistant (also called paralegal) performs many of the same tasks as a lawyer, except for the actual practice of law (setting fees, giving legal advice, and presenting cases in court). The duties of a legal assistant vary with his or her experience. A legal assistant can choose to have a solid knowledge of all aspects of law or to specialize in a certain area. With the continual changing of laws and procedures, the legal assistant’s work is both interesting and challenging. The following is just a sampling of the responsibilities assigned to a legal assistant:

ü Assist with preparing work in closings, hearings, trials, and corporate meetings

ü Prepare legal arguments, draft pleadings, draft motions, and obtain affidavits

A prime responsibility of a legal assistant is their ethical duty to the legal profession. A legal assistant is required to uphold the integrity of the law by their actions both at and away from the law office. Specific codes of ethics can be found in the by-laws of the National Association of Legal Assistant (NALA) [LINK: www.nala.org] and the National Federation of Paralegal Associations (NFPA) : www.paralegals.org].

Working Environment

Legal assistants have the option of working in a variety of employment settings: corporations, private law firms, administrative agencies, courts, government agencies, community legal service projects, and insurance companies. A legal assistant may work alone or with a team of legal assistants. Often times, a legal assistant works closely with attorneys, judges, prosecutors, or public defenders. Most legal assistants work at desks in offices preparing documents and conducting computerized legal research. Legal assistants often spend much of their time at the various clerk of court offices and in law libraries. A legal assistant usually works a 40-hour week, although overtime is often required when a deadline is nearing.

Free-lance legal assisting is another option. Free-lance legal assistants are an economical way for law firms to meet the demands of large projects or to help with short-term needs (ex. times of heavy caseload). The free-lance legal assistant provides support to a law firm on an “as needed” basis. Some free-lance legal assistants provide services to the public by creating basic forms, such as wills and uncontested divorces. This is an area to be entered into with great caution, since a legal assistant is not permitted to enter into the unauthorized practice of law.

Specialty Areas

There are many areas of law that a legal assistant can choose to specialize in, such as:

Alternative Dispute Resolution: The legal assistant assists attorneys with settling disputes by means other than litigation, such as arbitration, mediation, or mini-trials. Commercial and labor disputes, divorce actions, and malpractice tort claims are all areas of law that are taking advantage of this type of procedure that costs less and saves time when compared to the regular channel of litigation.

Corporate Law: Many companies employ in-house legal departments. The legal assistant may be involved in a number of areas of the companies particular business, such as computer technology, telecommunications, financial services, publishing, transportation, or insurance.

Criminal Law: Many legal assistants work for attorneys that specialize in criminal law. This can prove to be a particularly challenging area of law since the clients are accused criminals and many times are guilty of the crime. The legal assistant helps the attorney prepare for trial by assisting in the discovery phase, such as interviewing clients while they are incarcerated.

Family Law: This area includes divorce, custody, and support that requires additional knowledge in juvenile law, tax law, and property law. The legal assistant helps in the preparatory phase by preparing documents and interviewing clients.

Government: Legal assistants are used extensively by all levels of the government and in many different capacities. The pay scale is usually higher when compared to legal assistants who work in the private sector.

Litigation: The majority of legal assistants work in litigation where they play an important part in helping the lawyer prepare for trial. Duties may include preparing documents, creating and organizing briefs, preparing witnesses, conducting interviews, and verifying facts.

Personal Injury: Personal injury (tort law) cases can take months or even years to settle. Types of cases may include product liability or physical injury due to an accident. These cases typically make the most money in way of settlements.

Real Estate: The legal assistant handles a variety of duties in real estate transactions. Researching zoning and land use regulations, performing title searches, and assisting the lawyer at the time of a closing are just a few of the responsibilities.

Skills Desired to Become a Legal Assistant

A persons ability to handle problems logically, maintain confidentiality, and to communicate with different types of people, both orally and in writing, are a few of the skills that are pre-requisites to becoming a legal assistant. A competent legal assistant must be willing to learn and understand legal terminology and the ever-changing aspects of the legal world. In addition, good research and investigative skills are a must. A legal assistant must be committed to continuing their legal education by way of seminars and active participation in professional organizations.

The computer age has touched most areas of business and the legal profession is no exception. To be competitive in a law office, a legal assistant must obtain computer skills to fully utilize their education and experience. Computer software and on-line legal research (ex. LEXIS: www.lexis-nexis.com] and WestLaw www.westlaw.com]) are increasingly being used in law offices because of their time and money savings. The Internet continues to develop in becoming a less expensive alternative for legal research. And the advent of e-filing (the electronic filing of motions and pleadings directly to the court via an email system) is forcing even the toughest conservatives to become computer literate. In addition, many typical business software programs are utilized daily by a legal assistant, such as programs in word processing, spreadsheets, databases, and billing.

In 1996, approximately 113,000 legal assistants held jobs in the United States, with the majority working in private law firms. This figure is expected to grow much faster than average within the next five years, ranking the legal assisting profession as one of the fastest growing occupations in the United States. This growth can be attributed to the growing need for legal services. With this growth, law firms will seek to hire more legal assistants instead of attorneys to help contain costs in an efficient manner. It is projected that private law firms will continue to be the sector that employs most legal assistants, especially in the areas of alternative dispute resolution, environmental law, and health care law.

Salaries for legal assistants vary greatly, depending on education, training, experience, type and size of employer, and geographic location. According to the National Federation of Paralegal Associations, the average legal assistant had an annual salary of $32,900 in 1995. Starting salaries were estimated at $29,300. Annual bonus’ were observed in many law firms, with the average bonus being $1,900. In the government sector, the annual salary was $44,400 in 1997.

Licensing and Certification

State licensing of legal assistants is under current discussion and consideration among many states. States recognize the need for licensing due to increased cases involving legal assistants and the unauthorized practice of law (UPL). As the states review how and who will be required to obtain a license, they recognize that certification programs are already in use.

At this time, becoming a certified legal assistant is voluntary. The standards for certification exams are established by two organizations: the National Association of Legal Assistants (NALA) : www.nala.org and the National Federation of Paralegal Associations (NFPA) : www.paralegals.org. The exams offered by NALA and NFPA are only available to qualified legal assistants who have demonstrated a combination of education and experience. The exam is usually taken over a course of two days during specific times of the year at designated testing sites. Those who pass the exam administrated by NALA may use the designation Certified Legal Assistant (CLA) while those who take NFPA’s exam may use the designation Registered Paralegal (RP). Either designation is a sign of a competent legal assistant and can lead to career advancement in the legal profession.

The Legal Assisting Profession

According to the 1998-99 Occupational Outlook Handbook (http://stats.bls.gov/oco/ocos114.htm), the legal assisting profession is expected to rank among the 20 fastest growing occupations in the economy, making legal assisting an exciting occupation with many opportunities for growth.

The Responsibilities of a Legal Assistant

Working Environment

Specialty Areas

Skills Desired to Become a Legal Assistant

Licensing and Certification