The Difference Between Paralegals and Legal Assistants

The Difference Between Paralegals and Legal AssistantsThe Difference Between Paralegals and Legal AssistantsThe terms paralegal and legal assistant have been used interchangeably over the years and with good reason. These legal professionals perform similar duties within a law firm, and theyre often referred to in the same context in legal decisions handed down by courts. Court rules dont differentiate between them, and bar associations rarely distinguish between the roles when setting rules for practice. That said, paralegal assistants and legal assistants shouldbedrngnis be confused with legal secretaries who generally do not share the same responsibilities. What Is a Paralegal Assistant? The term paralegalis widely understood to describe a person qualified througheducation, training, or work experience to perform substantive legal work under the guidance and supervision of an attorney. The same often applies to legal assistants, but the National Association of Legal Assistants made a distinction between the two roles in 2004. It added certified paralegal to address those who have passed the NALA certification exam. Other professionals may only refer to themselves as legal assistants. Surveys of the paralegal industry have revealed an overwhelming preference by paralegals for this title over that of legal assistant. The two terms- paralegal and legal assistant- are still used interchangeably in the legal industry, but the growing trend is to use the title of paralegal for certifiedemployees. Duties of Paralegals vs. Legal Assistants Paralegals and legal assistants perform many of the duties an attorney would have to take care of personally if he did not hire such a professional. They do legal research and draft pleadings, contracts, leases, and other court and legal documents. They help with trial preparation and can usually assist clients by answering many of their questions. However, they cannot give legal advice or guide clients toward one course o f action or another. Also, they cannot sign pleadings or other documents, which must be reviewed and signed by the attorney. Most lawyers bill their paralegals or legal assistants hours to their clients, just as they would bill their own time, but at a lower rate. For example, they may bill $100 an hour for the paralegals or legal assistants time and $300 for their own. Paralegals and legal assistants do not receive this money directly, however, as theyre typically paid set salaries through the firm. Legal Secretaries vs. Paralegals and Legal Assistants Many law firmscall their legal secretarieslegal assistants so they can justify billing clients for these employees hours as well, but the duties of a legal secretary are typically mora limited. They may draft correspondence and usually organize files and perform word processing, transcribing the attorneys dictation from audio devices and following his directives for other tasks. They take phone calls but are not usually entrusted with answering client questions. More commonly, theyll draft those questions in a memo which is passed on to the attorney, so he has a full understanding of the clients concerns and needs when he returns calls. Legal secretaries set appointments and calendar court appearances and events in each case. They may also take care of other administrative tasks, such as billing clients. Most law firms use the terms paralegal and legal assistant toavoid confusion with secretarial and other legal support roles.