A paralegal is a professional who performs substantive legal work under the supervision of a licensed attorney. They provide foundational support within the legal system, enabling lawyers to focus on more complex strategic tasks. A paralegal’s contributions are integrated into nearly every aspect of legal service, from initial case assessment to final resolution. This article explores the duties a paralegal can perform, the limitations of their role, common specializations, and the skills needed in this field.
Core Paralegal Duties and Responsibilities
While the day-to-day work of a paralegal shifts based on the practice area, a consistent set of core responsibilities defines the profession. These duties involve a blend of research, writing, and administrative oversight, all performed under an attorney’s guidance. This work ensures that cases progress efficiently and all procedural elements are properly managed.
Conduct Legal Research
A primary function of a paralegal is to conduct factual and legal research. This involves using legal databases like Westlaw and LexisNexis to find statutes, regulations, and case law relevant to a case. They gather and analyze this information to help attorneys understand the legal landscape, build arguments, and develop case strategies.
Draft Legal Documents
Paralegals spend a significant amount of time drafting legal documents. These documents can range from initial pleadings, such as complaints and answers, to motions, discovery requests, and contracts. While the paralegal prepares the initial draft, ensuring it adheres to specific legal standards and formats, every document is reviewed, finalized, and signed by a licensed attorney before it is filed or sent.
Manage Cases and Client Files
Effective case management is central to a paralegal’s responsibilities. This includes organizing case files, tracking deadlines for court filings and statutes of limitations, and managing the case calendar. Many use specialized case management software to keep all materials accessible and well-organized.
Assist in Trial Preparation
As a case moves toward trial, paralegals become heavily involved in preparation. They help attorneys by organizing exhibits, preparing witness binders, and summarizing deposition transcripts. They also coordinate schedules with witnesses and help prepare presentations for the courtroom. During the trial itself, a paralegal might assist in the courtroom by managing exhibits, taking notes, and ensuring the legal team has all necessary documents readily available.
Communicate with Clients and Witnesses
Paralegals often serve as a primary point of contact for clients and witnesses. They are responsible for gathering information, scheduling interviews and depositions, and providing clients with updates on case progress. Their role is to facilitate the flow of information between the client and the attorney, ensuring all parties remain informed.
What a Paralegal Cannot Do
The paralegal role is defined by strict limitations to prevent the Unauthorized Practice of Law (UPL). UPL is the act of providing legal services without a license, and state laws prohibit non-attorneys from performing tasks reserved for licensed lawyers. These rules protect the public by ensuring legal guidance comes only from qualified professionals.
A primary restriction is that a paralegal cannot give legal advice. This includes interpreting laws for a client, predicting the outcome of a case, or recommending a course of legal action. While they can relay information from an attorney, they cannot provide their own counsel or strategic opinions.
Paralegals are also prohibited from representing a client in court. Although they provide extensive support during trial preparation and may even be present in the courtroom, they cannot argue motions, question witnesses, or address a judge or jury on behalf of a client. These actions are the exclusive domain of a licensed attorney acting as a legal advocate.
A paralegal cannot set legal fees or formally accept a case. Establishing the cost of legal services is a contractual matter between the attorney and the client, and paralegals are not authorized to negotiate these terms. The decision to take on a new client and establish an attorney-client relationship rests solely with the supervising attorney.
Common Paralegal Specializations
Many paralegals specialize in a particular area of law, allowing them to develop deep knowledge and a refined skill set for that field. This specialization shapes their daily tasks and makes them valuable assets to legal teams. The choice of specialty often aligns with a paralegal’s interests and the needs of their employer.
Litigation paralegals are focused on the process of resolving disputes through the court system. Their work is heavily centered on trial preparation, which includes managing the discovery process by drafting and responding to interrogatories and requests for documents. They also play a large part in preparing for depositions, organizing evidence, and managing complex case timelines from the initial filing of a lawsuit through to trial or settlement.
Corporate paralegals assist attorneys with matters related to business law. Their duties often involve helping with the formation of new companies by preparing articles of incorporation, maintaining corporate records and minute books, and assisting with mergers and acquisitions. They may also help manage contracts, ensure compliance with government regulations, and prepare materials for shareholder meetings.
In the field of real estate, paralegals are involved in the legal aspects of property transactions. They are responsible for preparing and reviewing documents such as deeds, mortgages, and closing statements. A real estate paralegal may also review title searches and surveys to identify any potential issues with a property and help coordinate the closing process between buyers, sellers, and lending institutions.
Family law paralegals work on cases involving domestic matters. They frequently draft documents related to divorce proceedings, child custody agreements, and adoption petitions. A significant part of their role involves gathering and organizing financial information from clients to create affidavits used in determining spousal support, child support, and the division of assets.
Essential Skills for a Paralegal
Success as a paralegal requires a blend of technical knowledge and practical abilities. These skills enable a paralegal to perform the diverse duties required, from detailed research to client interaction.
Research and writing abilities are foundational to the role. Paralegals must navigate legal databases to find relevant information and synthesize it into clear written documents like memos and briefs. The ability to write with precision is necessary for drafting legal documents.
Organizational and time-management skills are needed to handle the demands of a busy legal practice. Paralegals often juggle multiple cases at once, each with its own set of deadlines for filings, hearings, and discovery responses. The ability to prioritize tasks, maintain detailed calendars, and keep case files in order is necessary.
Proficiency with legal technology is important. This includes familiarity with case management software, e-discovery platforms for reviewing electronic evidence, and legal research databases. Comfort with these tools allows a paralegal to work more efficiently.
Communication and interpersonal skills are a requirement. Paralegals regularly interact with clients, witnesses, court staff, and opposing counsel, requiring them to communicate professionally. They must also demonstrate discretion and integrity when handling sensitive and confidential client information.