Types of Lawyer
What is a Paralegal?
James O’Connell takes a look at what is a Paralegal
Paralegals are not lawyers. Indeed, their whole raison d'être is that they are not lawyers. However, that does not mean that they do not often do many of the jobs that lawyers do.
Answering the question "what do paralegals do?" is tricky because "paralegal" is a default, catch-all term describing many different roles of staggering diversity. Broadly speaking however the paralegal job differs from the job of a lawyer in that it is a "doing" job.
One could describe a lawyer’s responsibility as that of considering a matter from all angles and to work out implications, consequences, issues, liability, important gaps in knowledge and strategy etc.
In contrast, the paralegal’s job is typically to carry out the course of action suggested by the lawyer: interview that witness; research that question; incorporate that company; complete that legal document and file it with the Land Registry; create a set of papers to send to the barrister so he/she can understand the case and give advice etc.
However the above distinction is gradually being eroded in many practice-areas as ever more complex work is being delegated to paralegals working in solicitors' firms. In those areas of practice where many cases are very similar in nature (e.g. conveyancing or probate) or follow a simplified process-driven route (e.g. debt recovery and small claims cases) then paralegals are increasingly handling cases themselves from start to finish.
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"the growing number of paralegal law firms means that we may find that paralegals are doing even the more complex work eventually..."
It is still the case that lawyers will continue to handle the more complex matters/matters where large sums of money are at stake (e.g. mergers and acquisitions work; murder trials; aircraft financing deals, celebrity divorces etc). Where paralegals are involved in such matters, it tends to be on a peripheral basis.
That said, the growing number of paralegal law firms (commercial entities offering legal services to the public and business without any lawyer involvement) means that we may find that paralegals are doing even the more complex work eventually - but it won't be any time soon.
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Examples of paralegal work are:
- Working on/handling probate and family law (divorce etc) cases in a solicitors' firm
- involvement in purchasing land and selling finished properties for a property development company
- Registering and defending trademarks for a food company
- Prosecuting people have been cruel to animals as part of the RSPCA prosecutions team
- Giving immigration law advice to clients when working for a paralegal law firm
- Advising on consumer law protection as part of a local authority trading standards department
- Helping members of the public on a wide variety of issues (e.g. employment/housing) as a Citizens Advice volunteer adviser
- Working for the Crown Prosecution Service
- Incorporating companies and doing other company secretarial work for a solicitors', accountancy or company formation practice
James O'Connell
Institute of Paralegals
15-09-2009
