Law 20
The Legal Team & Regulation of Lawyers
The Legal Team
o Attorneys
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Partner/Shareholder
Managing Partner
Associate Attorney
Lateral Hire
Nonequity Partner
Staff Attorney
Contract Attorney
“Of Counsel”
Legal Administrators
Legal Assistants
Office Managers
Law Clerks
Law Librarians
Legal Secretaries
Clerks
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“Paralegal” - ABA Definition
o American Bar Association:
o 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.
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Paralegal - NALA Definition
o National Association of Legal
Assistants (NALA):
o [l]egal assistants are a distinguishable
group of non-lawyers 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.
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Paralegal - NFPA Definition
o National Federation of Paralegal
Associations (NFPA):
o A paralegal/legal assistant is a person,
qualified through education, training or
work experience, to perform substantive
legal work that requires knowledge of
legal concepts and is customarily, but
not exclusively performed by a lawyer.
This person may be retained or employed
by a lawyer, law office, governmental
agency or other entity, or may be
authorized by administrative, statutory, or
court authority to perform this work.
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Paralegal - California Definition
o Cal. Bus. & Prof. Code §6450 (2006):
o “Paralegal” means a person who holds himself or
herself out to be a paralegal, who is qualified by
education, training, or work experience, and 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…or an attorney practicing law in the
federal courts of this state, that has been
specifically delegated by the attorney to him or
her.
o Synonymous terms: paralegal, legal assistant,
attorney assistant, freelance paralegal,
independent paralegal, contract paralegal
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Categories of Paralegal Practice
o Traditional Paralegal
o Under supervision of attorney
o Law firm, corporate law department or
governmental agency
o Freelance or Contract Paralegal
o Self-employed, independent contractor
who hires themselves out to attorneys for
specific projects or tasks
o Independent Paralegal
o Works directly for consumers without
supervision by an attorney.
o Complete forms and agreements and
participate in real estate closings.
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Paralegal Compensation
o Salaries vary greatly, depending on education, training, experience, the type
and size of employer, and the geographic location of the job.
o In general, paralegals who work for large law firms or in large metropolitan
areas earn more than those who work for smaller firms or in less populated
regions.
o In May 2006, full-time wage-and-salary paralegals and legal assistants had
median annual earnings, including bonuses, of $43,040. The middle 50
percent earned between $33,920 and $54,690. The top 10 percent earned
more than $67,540, and the bottom 10 percent earned less than $27,450.
Median annual earnings in the industries employing the largest numbers of
paralegals were:
Federal Government
$56,080
Management of companies and enterprises
52,220
Local government
42,170
Legal services
41,460
State government
38,020
Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2008-09 Edition, Paralegals and Legal Assistants, on the
Internet at http://www.bls.gov/oco/ocos114.htm (visited January 2, 2009).
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Types of Law Practice
o Corporate Law Practice
o large corporations, banks, retailers,
manufacturers, transportation
companies, publishers, insurance
companies, and hospitals, have their own
in-house law departments
o Government Practice
o law departments for agencies, district
attorneys, city attorneys, attorney
generals, and U.S. attorneys
o Legal Services/Aid Office (Legal
Clinic or Public Law Office)
o Private Law Practice
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Types of Private Law Practices
o Sole Practitioner
o Small Law Firms
o fewer than 20 attorneys
o “boutique law firm”
o specializes in only one or two areas of the law
o Medium-Size Firms
o between 20 and 75 attorneys
o Large Firms
o between 75 and several hundred attorneys
o Megafirms
o a thousand or more attorneys
o Plaintiff/Defense Firms
o Mergers and Acquisitions
o Geographic Service Areas
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Legal Forms of Private Law Firms
o Sole Proprietorship
o Partnership
o two or more attorneys associate themselves
together and share in the profits or losses of
the business
o All the partners are jointly and severally liable
for the actions of the firm and for the debts of
the partnership
o Professional Corporation
o allows a single shareholder or group of
shareholders from the same profession, to
share in the outcomes of a business
o Shareholders not personally liable
o Limited Liability Company
o allows for limited personal liability of
company debts for owners, but is treated like
a partnership for tax purposes
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Davis v. Alabama State Bar
o Pages 45- 48 of the Roper textbook.
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Regulation of Lawyers
o Codes of Ethics
o ABA
o Canons of Professional Ethics (1908)
o Model Code of Professional Responsibility
(1969)
o Model Rules of Professional Conduct (1983)
o Ethics 2000 (1997)
o California has its own code of ethics
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Sanctions and Remedies
o Disbarment
o CA State Bar Action
o Suspension
o Reprimand
o Legal Malpractice
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Regulation of Paralegals
o ABA Standing Committee on
Paralegals
o National Association of Paralegal
Assistants (NALA)
o Certified Legal Assistant certification
program
o Certified Paralegal
o National Federation of Paralegal
Associations
o Paralegal Advanced Competency
Examination
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