Summary of Definitions
of Terms:
Legal Assistant and Paralegal
Released: January 23, 1997 (updated
1/02)
National Association
of Legal Assistants, Inc.
1516 S. Boston, #200
Tulsa, Oklahoma 74119
(918) 587-6828; FAX (918) 582-6772
Introduction
The National Association of Legal
Assistants, Inc., is a professional association composed of individual
members and 92 state and local affiliated association, representing over
18,000 legal assistants. Established in 1975, NALA goals and programs were
developed by 800 charter members to:
-
increase the professional standing of legal assistants throughout
the nation
-
provide uniformity in the identification of legal
assistants
-
establish national standards of professional
competence for legal assistants
-
provide uniformity among the states in the
utilization of legal assistants
One of the services of this association is tracking legislative, court and
bar association activities related the paralegal profession. The following
is a summary of the various definitions of the terms "paralegal"
and "legal assistant" as of June, 1998, from 27 states, the
United States Supreme Court, the American Bar Association, and the
National Association of Legal Assistants.
Definition of Legal Assistant/Paralegal
National associations, bar associations, legislatures and supreme
courts have addressed the definition of legal assistants and paralegals.
Through discussions within each group, similarities in the identification
and duties of legal assistants are emerging with routine consistency. The
common threads in these definitions and discussions are:
Legal Assistants:
1) have received specialized training
through formal education or many years of experience;
2) work under the supervision and direction of an attorney; and
3) perform non-clerical, substantive legal work in assisting an
attorney.
This paper summarizes these definitions.
National Organizations
The definition of "legal
assistant" adopted in 1984 by the National Association of Legal
Assistants is as follows:
Legal assistants (also known as
paralegals) are a distinguishable group of persons who assist
attorneys in the delivery of legal services. Through formal education,
training, and experience, legal assistants have knowledge and
expertise regarding the legal system and substantive and procedural
law which qualify them to do work of a legal nature under the
supervision of an attorney.
In 1986, the American Bar Association adopted the following definition:
A legal assistant is a person, qualified through education, training
or work experience, who is employed or retained by a lawyer, law
office, governmental agency, or other entity, in a capacity or
function which involves the performance, under the ultimate direction
and supervision of an attorney, of specifically-delegated substantive
legal work, which work, for the most part, requires a sufficient
knowledge of legal concepts that, absent such assistant, the attorney
would perform the task.
In 1997, the American Bar Association
amended this definition. The 1997 version is:
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 who performs specifically
delegated substantive legal work for which a lawyer is responsible.
Both definitions recognize the terms "legal assistant" and
"paralegal" as identical terms.
In fact, in recognition of the similarity
of the definitions and the need for one clear definition, in July 2001, the
NALA membership approved a resolution to adopt the ABA
definition.
State Legislatures
Legislatures among the United States have
also addressed this question. The State of Florida statute 57.104,
effective 10/1/87, specifically states that legal assistants work under
the direction of the supervision of an attorney.
Similar legislation was introduced in 1993 in the states of Indiana and
Oklahoma. These bills call for the recoverability of legal assistant time
in attorney fee awards. The Indiana bills (House Bill 1583; Senate Bill
424), passed April 27, 1993; now public law 93-6. They define paralegals
as persons (1) qualified through education, training or work experience,
and (2) employed by a lawyer, law office, governmental agency or other
entity to work under the direction of an attorney in a capacity that
involves the performance of substantive legal work that usually requires a
sufficient knowledge of legal concepts and would be performed by the
attorney in the absence of the paralegal. This definition is, essentially,
the same as the definition adopted by the American Bar Association.
Oklahoma House Bill 1628 defined legal
assistants in the same manner, using the ABA definition as a basis. This
bill passed the Oklahoma House of Representatives on February 15, 1993. It
did not reach the Senate floor during the session.
The California legislature recently enacted a statute governing the use of
the terms paralegal and legal assistant. See Chapter
5.6 Paralegals 6450 of the Business and Professions Code. This law.
effective January 1, 2001, defines "paralegal" as follows:
6450. (a) ‘‘Paralegal’’ means a person who
either contracts with or is employed by an attorney, law firm,
corporation, governmental agency, or other entity and who performs
substantial legal work under the direction and supervision of an active
member of the State Bar of California, as defined in Section 6060, or an
attorney practicing law in
the federal courts of this state, that has been specifically delegated
by the attorney to him or her. Tasks performed by a paralegal
include, but are not limited to, case planning, development, and
management; legal research; interviewing clients; fact gathering and
retrieving information; drafting and analyzing legal documents; collecting,
compiling, and utilizing technical information to make an independent
decision and recommendation to the supervising attorney;
and representing clients before a state or federal administrative
agency if that representation is permitted by statute, court
rule, or administrative rule or regulation.
6454. The terms ‘‘paralegal,’’
‘‘legal assistant,’’ ‘‘attorney assistant,’’
‘‘freelance paralegal,’’ ‘‘independent paralegal,’’ and ‘‘contract paralegal’’ are
synonymous for purposes of this chapter.
Illinois Senate Bill 995, passed and signed
by the governor on July 7, 1995, sets forth a definition of a paralegal.
Effective January 1, 1996, the bill amended the Statute on Statutes by
adding Section 1.35 as follows:
Sec. 1.35. Paralegal. "Paralegal" means a person who is
qualified through education, training, or work experience and is
employed by a lawyer, law office, governmental agency, or other entity
to work under the direction of an attorney in a capacity that involves
the performance of substantive legal work that usually requires a
sufficient knowledge of legal concepts and would be performed by the
attorney in the absence of the paralegal. A reference in an Act to
attorney fees includes paralegal fees, recoverable at market rates.
The Pennsylvania legislature has addressed paralegals in its unauthorized
practice of law statutes. Effective July 11, 1996, Section 2524(a) of
Title 42 of the Pennsylvania Consolidated Statutes now reads:
(a) General rule.--Except as provided in subsection (b), any person,
including, but not limited to, a paralegal or legal assistant, who
within this Commonwealth shall practice law, or who shall hold himself
out to the public as being entitled to practice law, or use or
advertise the title of lawyer, attorney at law, attorney and counselor
at law, counselor, or the equivalent in any language, in such as a
manner to convey the impression that he is a practitioner of the law
of any jurisdiction, without being an attorney at law or a corporation
complying with 15 Pa.C.S. Ch. 29 (relating to professional
corporations), commits a misdemeanor of the third degree[.] upon a
first violation. A second or subsequent violation of this subsection
constitutes a misdemeanor of the first degree.
This statute is in response to widespread concern that some individuals
using the terms "paralegal" or "legal assistant" as
their occupational title and in advertisements were doing so in a way that
lead potential customers to believe they are authorized to deliver legal
services. This legislation prohibits use of the terms
"paralegal" and "legal assistant" in this fashion.
Rather than serving as a definition of what paralegals may do, the statute
informs the public that paralegals and legal assistants do not deliver
legal services without attorney supervision and cannot hold themselves out
as individuals entitled to practice law.
The State of Maine statutorily defined the
terms "legal assistant" and "paralegal" in 1999.
By passage of LD 0724 the legislature has not only defined the
terms, it provides that a person who claims to be a paralegal or
legal assistant and does not meet the statutory definition commits a civil
violation for which a forfeiture of up to $1000 may be adjudged. The
adopted definition is:
"Paralegal" and "legal
assistant" mean a person, qualified by education, training or work
experience, who is employed or retained by an attorney, law office,
corporation, governmental agency or other entity and who performs
specifically delegated substantive legal work for which an attorney is
responsible."
Supreme Court
Recognition
The United States Supreme Court encourages and recognizes the use of legal
assistants working under the supervision of an attorney.
It has frequently been recognized in the lower courts that paralegals
are capable of carrying out many tasks, under the supervision of an
attorney, that might otherwise be performed by a lawyer and billed at
a higher rate. Missouri v. Jenkins, 491 U.S. 274, S.Ct. At
2471-72 (1989).
State supreme courts have also addressed the definition of "legal
assistant" or "paralegal" in their rules and in their
opinions. Many of the state supreme court findings are included in this
section. Further, the definitions of legal assistants or paralegals
adopted by bar associations that are regulated by supreme courts are
included in this section.
Kentucky
Among the earliest to address the utilization of paralegals in its rules
is the Kentucky Supreme Court in adoption of rule 3.700 on September 4,
1979. The rule, revised through 1989, lists the following definition:
For the purposes of this Rule, a paralegal is a person under the
supervision and direction of a licensed lawyer, who may apply
knowledge of law and legal procedures in rendering direct assistance
to lawyers engaged in legal research; design, develop or plan
modifications or new procedures, techniques, services, processes or
applications; prepare or interpret legal documents and write detailed
procedures for practicing in certain fields of law; select, compile
and use technical information from such references as digests,
encyclopedias or practice manuals; and analyze and follow procedural
problems that involve independent decisions.
Michigan
Effective January 1, 2001, the Michigan Supreme Court amended its
rules to provide the following:
Rule 2.626 Attorney Fees. An
award of attorney fees may include an award for the time and labor of
any legal assistant who contributed nonclerical, legal support under
the supervision of an attorney, provided the legal assistant meets the
criteria set forth in Article 1, Section 6 of the Bylaws of the State
Bar of Michigan.
Article 1, Section 6 of the Bylaws of the
State Bar of Michigan states:
Any person currently employed or
retained by a lawyer, law office, governmental agency or other
entity engaged in the practice of law, in a capacity or function
which involves the performance under the direction and supervision
of an attorney of specifically delegated substantive legal work,
which work, for the most part, requires a sufficient knowledge of
legal concepts such that, absent that legal assistant, the attorney
would perform the tasks and which is not primarily clerical or
secretarial in nature, and;
(a) who has graduated from an ABA
approved program of study for legal assistants and has a
baccalaureate degree; or
(b) has received a baccalaureate
degree in any field, plus not less than two years of in-house
training as a legal assistant; or
(c) who has received an associate
degree in the legal assistant field, plus not less than two years of
in-house training as a legal assistant; or
(d) who has a minimum of four years
of in-house training as a legal assistant;
may upon submitting proof thereof at
the time of application and annually thereafter become a Legal
Assistant Affiliate Member of the State Bar of Michigan.
Rhode Island
In Rhode Island Supreme Court Provisional Order No. 18, effective February
1,1983 and revised through October 31, 1990, "legal assistant"
is defined as follows:
A legal assistant is one who under the supervision of a lawyer, shall
apply knowledge of law and legal procedures in rendering direct
assistance to lawyers, clients and courts; design, develop and modify
procedures, techniques, services and processes; prepare and interpret
legal documents; detail procedures for practicing in certain fields of
law; research, select, access, and compile information from the law
library and other references; and analyze and handle procedural
problems that involve independent decisions.
The guidelines accompanying this definition emphasize that legal
assistants shall work under the direction and supervision of a lawyer who
shall be ultimately responsible for their work product.
New Mexico
The New Mexico Supreme Court Judicial Pamphlet 16, 1986, states that:
A 'legal assistant' means a person, not admitted to the practice of
law, who provides assistance to a licensed lawyer and for whose work
that licensed lawyer is ultimately responsible. The assistance may
include, but is not limited to, record and statistical research;
investigation; analysis of records, documents and facts; problem
analysis; preparation of legal memoranda; assistance in drafting legal
documents, interrogatories and correspondence; completion of forms
which have been prepared by or under the supervision of the
supervising attorney; location of reported decisions, cite checking
and shepardizing; and interviews of clients and witnesses. These and
other types of assistance must be provided under the supervision and
direction of a licensed attorney. . . .
The commentary to this definition includes
references to the fact that the definition of "legal assistant"
is intended to cover those persons usually designated as "legal
assistants," "paralegals" and "lawyers
assistants."
In 1995 the Supreme Court amended SCRA 1986, 24-101 of the Rules Governing
the New Mexico Bar to establish a division of the bar for legal
assistants, affirming the definition and listing qualifications for
division membership.
New Hampshire
Supreme Court Administrative Rule 35, Guidelines for the Utilization by
Lawyers of the Services of Legal Assistants Under the New Hampshire Rules
of Professional Conduct, amended through 1987, define a legal assistant
as:
a person not admitted to the practice of law in New Hampshire who is
an employee of or an assistant to an active member of the New
Hampshire Bar, a partnership comprised of active members of the New
Hampshire Bar or a Professional Association within the meaning of RSA
Chapter 294-A, and who, under the control and supervision of an active
member of the New Hampshire Bar, renders services related to but not
constituting the practice of law.
South Dakota
In Rule 92-5, March 6, 1992, the Supreme Court of South Dakota adopted the
following definition of legal assistants.
Legal assistants (also known as paralegals) are a distinguishable
group of persons who assist attorneys in the delivery of legal
services. Through formal education, training, and experience, legal
assistants have knowledge and expertise regarding the legal system and
substantive and procedural law which qualify them to do work of a
legal nature under the direct supervision of a licensed lawyer.
The rule further states that "any
person having been convicted of a felony shall not serve as a legal
assistant in the State of South Dakota, unless upon application to the
Supreme Court of South Dakota, establishing good moral character and
restoration of full civil rights, and its approval thereof."
The South Dakota rule goes on to list seven minimum qualifications as
follows:
(1) Successful completion of the Certified Legal Assistant (CLA)
examination of the National Association of Legal Assistants, Inc.;
or
(2) Graduation from an ABA approved
program of study for legal assistants; or
(3) Graduation from a course of study
for legal assistants which is institutionally accredited but not ABA
approved, and which requires not less than the equivalent of sixty
semester hours of classroom study; or
(4) Graduation from a course of study
for legal assistants, other than those set forth in (2) and (3)
above, plus not less than six months of in-house training as a legal
assistant; or
(5) A baccalaureate degree in any
field, plus not less than six months in-house training as a legal
assistant; or
(6) A minimum of three years of
law-related experience under the supervision of a lawyer, including
at least six months of in-house training as a legal assistant; or
(7) Two years of in-house training as
a legal assistant.
Indiana
The Indiana Supreme Court adopted
Guidelines on the Use of Legal Assistants January 1, 1994, which are part
of the Indiana Rules of Professional Conduct. The rules provide:
"A legal assistant shall perform
services only under the direct supervision of lawyer authorized to
practice in the State of Indiana and in the employ of the lawyer or
the lawyer’s employer. Independent legal assistants, to-wit, those
not employed by a specific firm or by specific lawyers are
prohibited. A lawyer is responsible for all of the professional
actions of a legal assistant performing legal assistant services at
the lawyer’s direction, and should take reasonable measures to
insure that the legal assistant’s conduct is consistent with the
lawyer’s obligations under the Rules of Professional
Conduct."
The guidelines provide that a lawyer may
delegate to a legal assistant any task normally performed by the lawyer;
however, any task prohibited by statute, court rule, administrative rule
or regulation, controlling authority, (or the) Indiana Rules of
Professional Conduct may not be assigned to a non-lawyer. They also
provide that a lawyer may charge for the work performed by a legal
assistant. Finally, the guidelines set forth a statement of legal
assistant ethics and provide that all lawyers who employ legal assistants
in the State of Indiana shall assure that such legal assistants conform
their conduct to be consistent with stated ethical standards.
North Dakota
Amendments to the North Dakota Rules of Professional Conduct adopted
December 11, 1996 by the North Dakota Supreme Court, with an effective
date of March 1, 1997, include rules which govern legal
assistants/paralegals in North Dakota. Rules 1.5 (Fees), 5.3
Responsibilities Regarding Nonlawyer Assistants, 7.2 Firm Names and
Letterheads and the Terms section of the NDRPC include a definition of
"legal assistant", suggested minimum standards, and comments
related to supervision of legal assistants, the unauthorized practice of
law and billing for work performed by a legal assistant.
The rules state the following definition:
"Legal Assistant" (or paralegal) means a person who assists
lawyers in the delivery of legal services, and who through formal
education, training, or experience, has knowledge and expertise
regarding the legal system and substantive and procedural law which
qualifies the person to do work of a legal nature under the direct
supervision of a licensed lawyer.
Virginia
On March 8, 1996, the Virginia State Bar Standing Committee on the
Unauthorized Practice of Law adopted a resolution stating that a legal
assistant working under direction of a member of the Virginia State Bar in
conformance with the Standards and Guidelines would not be engaged in the
unauthorized practice of law and that the employment or supervision by a
Virginia State Bar member of legal assistants who conform to the Standards
and Guidelines would be in the best interest of the public.
The resolution recommends that members of the Virginia State Bar make all
reasonable efforts to encourage all legal assistants to subscribe and
conform to the Standards and Guidelines. This resolution adopts the
following definition of a legal assistant (paralegal):
"as one who is a specially trained individual who performs
substantive legal work that requires a knowledge of legal concepts and
who either works under the supervision of an attorney, who assumes
professional responsibility for the final work product, or works in
areas where lay individuals are explicitly authorized by statute or
regulation to assume certain law-related responsibilities."
Cases
Arizona
In Continental Townhouses E. Unit One Ass'n v. Brockbank, 152 Ariz.
537, 733P.2d 1120, 73 A.L.R.4th 921 (1986), the Arizona Court of Appeals
considered whether the time of a non-lawyer employee may be included in
attorney fee awards. In its opinion, the Court relied upon the definition
of "legal assistant" formulated by the American Bar Association.
The court also used the terms "legal assistant" and
"paralegal" interchangeably.
New Jersey
In 1990, the New Jersey Committee on Unauthorized Practice of Law issued
Opinion No. 24 which held that legal assistants or paralegals who contract
their services to attorneys are engaged in the unauthorized practice of
law. The New Jersey Committee on the Unauthorized Practice of Law is
appointed by the Supreme Court, thus its findings and opinions become
Supreme Court Rule. This opinion was appealed to the New Jersey Supreme
Court. The Supreme Court issued its Opinion on May 14,1992, and held:
The evidence does not support a categorical ban on all independent
paralegals practicing in New Jersey. Given the appropriate
instructions and supervision, paralegals, whether as employees or
independent contractors, are valuable and necessary members of an
attorney's work force in the effective and efficient practice of law.
The court further stated that charges for
non-lawyers' time that properly fall within the definition of
"attorney fees" are those that are clearly shown to have been
made (1) for the delegated performance of substantive legal work, that (2)
would otherwise have to be performed by a lawyer, (3) at a rate higher
than that charged for non-lawyers' time.
Oklahoma
In Taylor v. Chubb, 874 P.2d 806 (Okla. 1994), the Oklahoma Supreme Court
held that charges for legal assistants could and should be included by
courts in attorney fee award decisions. In its decision, the court refers
to the definition of a legal assistant as promulgated by the American Bar
Association, and specifically enumerated a list of duties that may be
properly performed by legal assistants as follows:
1. Interview clients
2. Draft pleadings and other documents
3. Carry on legal research, both conventional and computer aided
4. Research public records
5. Prepare discovery requests and responses
6. Schedule depositions
7. Summarize depositions and other discovery responses
8. Coordinate and manage document production
9. Locate and interview witnesses
10. Organize pleadings, trial exhibits and other documents
11. Prepare witness and exhibit lists
12. Prepare trial notebooks
13. Prepare for the attendance of witnesses at trial
14. Assist lawyers at trials
South Carolina
In The State of South Carolina v.
Robinson, Opinion No 24391, filed March 18,1996, the court stated the
function of a paralegal was addressed In re: Easler, 275, S.C.400,
272 S.E.2d 32 (1980):
Paralegals are routinely employed by licensed attorneys to assist in the
preparation of legal documents such as deeds and mortgages. The
activities of a paralegal do not constitute the practice of law as long
as they are limited to work of a preparatory nature, such as legal
research, investigation, or the composition of legal documents, which
enable the licensed attorney-employer to carry a given matter to a
conclusion through his own examination, approval or additional effort. Id.
at 400, 272 S.E.2d at 32-33.
The opinions stated that while there are no
regulations dealing specifically with paralegals, requiring a paralegal to
work under the supervision of a licensed attorney ensures control over his
or her activities by making the supervising attorney responsible. See Rule
5.3 of the Rules of Professional Conduct, Rule 407SCACR (supervising
attorney is responsible for work of non-lawyer employees). Accordingly, to
legitimately provide services as a paralegal, one must work in conjunction
with a licensed attorney."
Washington
Adopted 12/3/94, the Washington State Bar Association Board of Governors
has established guidelines for the utilization of legal assistant
services. The guidelines are based on the ABA Model Guidelines for
Utilization of Legal Assistants and adopt the definition of legal
assistant/paralegal promulgated by the American Bar Association.
In Absher Construction Company v. Kent
School District, 29 Wn. App. 841, (1995),the Washington Court of
Appeals considered the question of the award of non-lawyer time in
attorney fee awards if the non-lawyer is a legal assistant. The Court
defined a legal assistant as one who is "qualified through education,
training, or work experience, is employed or retained by a lawyer, law
office, governmental agency or other entity in a capacity or function
which involves a performance, under the ultimate direction and supervision
of an attorney, of specifically delegated legal work, which work, for the
most part requires a sufficient knowledge of legal concepts that, absent
such assistant, the attorney would perform the task." The Court set
forth the following criteria relevant in determining whether such services
should be compensated:
1. The services performed by the
nonlawyer personnel must be legal in nature.
2. The performance of these services
must be supervised by an attorney.
3. The qualifications of the person
performing the services must be specified in the request for fees in
sufficient detail to demonstrate that the person is qualified by
virtue of education, training, or work experience to perform
substantive legal work.
4. The nature of the services
performed must be specified in the request for fees in order to
allow the reviewing court to determine that the services performed
were legal rather than clerical.
5. As with attorney time, the amount of time expended must be set
forth and must be reasonable; and
6. The amount charged must reflect
reasonable community standards for charges by that category of
personnel.
Bar Association Activity
Bar associations in the following states
have defined legal assistants as qualified and educated individuals
working under the supervision of attorneys:
Alaska
Arizona
California (Santa Barbara Bar)
Colorado Connecticut
Florida
Illinois
Iowa
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
Missouri
|
New
Mexico
New Hampshire
North Carolina
North Dakota
Ohio
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Virginia
West Virginia
Wisconsin |
The following are examples of bar
resolutions or guidelines adopted by the associations to assist attorneys
in the utilization of paralegal services.
Bar Association Sections
and Divisions
Michigan
The Bylaws of the State Bar of Michigan, Article 1, Sec. 6, defines
"legal assistant" for the purposes of membership in the State
Bar Legal Assistant Section, as follows:
Any person currently employed or retained by a lawyer, law office,
governmental agency or other entity engaged in the practice of law, in
a capacity or function which involves the performance under the
direction and supervision of an attorney of specifically delegated
substantive legal work, which work, for the most part, requires a
sufficient knowledge of legal concepts such that, absent that legal
assistant, the attorney would perform the tasks and which is not
primarily clerical or secretarial in nature, and;
(a) who has graduated from an ABA
approved program of study for legal assistants and has a baccalaureate
degree; or
(b) has received a baccalaureate degree
in any field, plus not less than two years of in-house training as a
legal assistant; or
(c) who has received an associate
degree in the legal assistant field, plus not less than two years of
in-house training as a legal assistant; or
(d) who has a minimum of four years of
in-house training as a legal assistant . . .
On April 23, 1993, the Michigan State Board of Commissioners announced
approval of Michigan Guidelines for the Utilization of Legal Assistants.
In recognition of the professional status of legal assistants, the
guidelines cite Missouri v. Jenkins in allowing that a fee
arrangement with a client may include a reasonable charge for work
performed by legal assistants at market rates.
Nevada
As part of the creation of a Division of Legal Assistants, the State Bar
of Nevada has adopted the following definition of a legal assistant:
(12/94)
A legal assistant (also known as a paralegal) is a person, qualified
through education, training or work experience, who is employed or
retained by a lawyer, law office, governmental agency, or other entity
in a capacity or function which involves the performance, under the
ultimate direction and supervision of an attorney, of specifically
delegated substantive legal work, which work, for the most part,
requires sufficient knowledge of legal concepts that, absent such an
assistant, the attorney would perform the task.
This definition is identical to that adopted by the American Bar
Association in 1986.
Texas
As early as 1981, the Board of Directors, State Bar of Texas, adopted
General Guidelines for the Utilization of the Services of Legal Assistants
by Attorneys. These guidelines require that a legal assistant work under
the supervision of an attorney and shall not give legal advice or
otherwise engage in the unauthorized practice of law. An attorney may
allow a legal assistant under his or her supervision and direction to
perform delegated services in the representation of that attorney's
clients provided: 1) the client understands the legal assistant is not an
attorney; 2) the attorney maintains a direct relationship with the client;
3) the attorney directs and supervises the legal assistant; and 4) the
attorney remains professionally responsible for the client and the
client's legal matters. The State Bar of Texas was the first state to
establish a membership division for legal assistants within its bar
association.
Bar Association Guidelines
Colorado
One of the first states to establish guidelines for paralegals in July
1986, the Colorado Bar has adopted the following definition of a
paralegal:
Legal assistants (also known as paralegals) are a distinguishable
group of persons who assist attorneys in the delivery of legal
services. Through formal education, training and experience, legal
assistants have knowledge and expertise regarding the legal system and
substantive and procedural law which will qualify them to do work of a
legal nature under the direct supervision of a licensed attorney.
Connecticut
From a December 11, 1985 Report of
Connecticut Bar Association Special Inter-Committee Group to Study the
Role of Paralegals, the committee sets forth recommendations as to what
the professional obligations of lawyers should be in relation to
paralegals. The report uses "paralegal" and "legal
assistant" as having identical meanings and define the terms as
follows:
persons employed by law offices who are
not admitted to practice law but a major part of whose work is
performing tasks commonly performed by lawyers and who are under the
general supervision and control of lawyers. Paralegals may be salaried
employees or independent contractors such as freelance paralegals
utilized on occasion by lawyers for special assignments.
The Connecticut Bar Association offers associate membership to paralegals.
Georgia
Georgia Advisory Opinion No. 21, revised May 20, 1983, sets forth the
following definition of legal assistant as follows:
For the purposes of this opinion, the terms 'legal assistant,'
'paraprofessional,' and 'paralegal' are defined as any lay person not
admitted to the practice of law in this state who is an employee of or
an assistant to, an active member of the State Bar of Georgia or of a
partnership or professional corporation comprised of active members of
the State Bar of Georgia and who renders services relating to the law
to such member, partnership or professional corporation under the
direct control, supervision and compensation of a member of the State
Bar of Georgia.
Idaho
In State Bar Resolution 94-7, adopted November, 1994, the Idaho State Bar
urged the Supreme Court to adopt the ABA Model Standards and Guidelines
for Utilization of Legal Assistant Services, which includes the definition
of a legal assistant/paralegal promulgated by the American Bar
Association.
Maryland
In 2001, the Maryland State Bar Association began offering associate
membership to legal assistants. The definition and requirement
states:
Paralegal/Legal Assistant. A
paralegal/legal assistant is a person qualified through education,
training or work experience to perform work that requires knowledge of
legal concepts and is customarily, but not exclusively, performed by a
lawyer. This person shall be retained or employed by a lawyer, law
office, governmental agency or other entity or be authorized by
administrative, statutory, or court authority to perform this
work. A paralegal/legal assistant may apply for associate
membership if sponsored by an active lawyer member of the Association.
New York
The New York State Bar Association Committee on Law Office Economics and
Management Subcommittee on Legal Assistants published a pamphlet entitled
"The Expanding Role of the Legal Assistant in New York State."
This references guidelines for the utilization of legal assistants,
published in 1976, and adopts the definition of a legal assistant as
promulgated by the American Bar Association.
Oklahoma
During its meeting on August 20, 1999, the Oklahoma Bar Association
Board of Governors adopted a resolution defining the terms "legal
assistant" and "paralegal" to provide guidance to members
of the bar. The board approved the following definition as a guide to
Oklahoma attorneys, corporations or other entities to utilize the services
of legal assistants/paralegals and bill their clients separately for such
services:
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 who performs specifically delegated substantive
legal work for which a lawyer is responsible, and absent such assistant,
the lawyer would perform the task.
Effective September 15, 2000, the Oklahoma
Bar Association adopted minimum qualification standards to serve as a
guide for Oklahoma attorneys. The guidelines include the above
quoted definition, prescribes standards for qualified legal
assistants, and includes a recommendation for continuing legal
education. Click here
to review the guidelines in their entirety.
Oregon
The Oregon State Bar Association has published a pamphlet entitled
"The Lawyer and the Legal Assistant" (undated). This states the
terms "legal assistant" and "paralegal" are synonymous
terms, and that legal assistants must work under the direct supervision of
a licensed attorney.
Utah
As published in January 1994, the Office of Attorney Discipline of the
Utah State Bar has set forth standards related to the ethical use of
paralegals in the practice of law. The office has reviewed the National
Association of Legal Assistants Guidelines for Utilizing Paralegals as
well as the ABA Model guidelines for Utilization of Legal Assistant
Services and "in an attempt to provide a safe harbor for those
lawyers utilizing paralegals until the Supreme Court Advisory Committee on
Discipline formally considers amending Rule 5.3 and 5.5(b) of the Rules of
Professional Conduct, promulgates standards and guidelines." The
guidelines require attorney supervision of legal assistants, and list
general duties and responsibilities of a legal assistant.
West Virginia
During its annual meeting held July 16-17, 1999, The West
Virginia State Bar Board of Governors approved the following definition:
A legal assistant is a person,
qualified through education, training or work experience, who is
employed or retained by a lawyer, law office, governmental agency, or
other entity, in a capacity or function which involves the
performance, under the ultimate direction and supervision of an
attorney, of delegated substantive legal work, which work, for the
most part, requires a sufficient knowledge of legal concepts that,
absent such assistance, the attorney would perform the task.
The members of the The State Bar Legal
Assistant Committee felt the adoption of the definition of a legal
assistant/paralegal by The State Bar is important to the legal profession
in providing uniformity in the identification of legal assistants.
Wisconsin
The following definition of a paralegal has been approved by the Wisconsin
State Bar Paralegal Task Force, November 1996:
A 'paralegal' is an individual qualified through education and
training, who is supervised by a lawyer licensed to practice law in
this State, to perform substantive legal work requiring a sufficient
knowledge of legal concepts that, absent the paralegal, the attorney
would perform the work.
Summary
All definitions describe a professional group working under the direct
supervision of an attorney, and acknowledge that the terms
"paralegal" and "legal assistant" are used
synonymously. They intentionally exclude persons who do not work under
attorney supervision even though they may perform law related work. This
direct supervision is required whether the legal assistant is utilized in
the course of full time employment or is being utilized on a contractual
basis by an attorney or firm. In both instances, the work product of the
legal assistant becomes merged into the final product of the supervising
attorney.
Bar association definitions may be found in guidelines and informational
materials developed by the bar associations to assist their members in
understanding more about the utilization of legal assistants and how this
may assist their practice. In addition, bar associations that offer
associate membership to legal assistants include a definition of
"legal assistants" or "paralegals" within the
membership requirements.
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