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Paralegal Ch. 2
| Term | Definition |
|---|---|
| paralegal | a person who assists an attorney and, working under the attorney's supervision, does tasks that, absent the paralegal, the attorney would do; cannot give legal advice or appear in court; "legal assistant" |
| American Bar Association (ABA) | national voluntary organization of lawyers |
| ABA definition of paralegal/legal assistant (1997) | a person, qualified by education, training, or work experience who is employed/retained by a lawyer, law office, corporation, governmental agency, or other entity & performs specifically delegated substantive legal work for which a lawyer is responsible |
| NALA and NFPA | the two major national associations of paralegals/legal assistants |
| NALA definition of paralegals/legal assistants | a distinguishable group of non-lawyers who assist attorneys in the delivery of legal services |
| NALA definition of paralegals/legal assistants (continuted) | through formal education, training, and experience, they 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 |
| NFPA definition of paralegal/legal assistant | 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 |
| NFPA definition of paralegal/legal assistant (continuted) | 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 |
| freelance paralegal | a paralegal who works as an independent contractor rather than as an employee of a law firm or corporation |
| independent contractor | a person who works for another but who retains the right to control the manner of producing the end result; not an employee |
| lay advocate | generally someone operating within the law, representing persons before administrative agencies that permit this practice |
| legal technician | a nonlawyer who provides legal services directly to the public without being under the supervision of an attorney; absent a statute allowing this activity, it constitutes the unauthorized practice of law |
| pro se | one who represents himself or herself in a legal action |
| legal scrivener | the provider of a typing service; offers to prepare standardized legal documents for people who are attempting to handle their legal matters pro se |
| legal document assistants (California) and legal document preparers (Arizona) | prepare legal documents for members of the public who are representing themselves in a legal matter; assistance is limited to ministerial tasks and to providing general published factual information; explicitly prohibited from giving legal advice |
| independent paralegal | a paralegal working under the supervision of an attorney in a contractual relationship; sometimes used to refer to a paralegal providing legal services directly to the public without being under the supervision of an attorney |
| law clerk | a law student or a recent law school graduate whose duties usually focus on legal research |
| documents clerk | someone who organizes and files legal documents |
| attorney | lawyer; a person licensed by a court to practice law |
| American Association for Paralegal Education (AAPE) | national organization of paralegal programs that promotes high standards for paralegal education, provides a forum for professional improvement for paralegal educators, & promotes research & dissemination of information regarding the paralegal profession |
| National Federation of Paralegal Associates (NFPA) | a national association of paralegal associations; formed in 1974 as a federation of local paralegal groups |
| National Association of Legal Assistants (NALA) | a national paralegal association; formed in 1975; direct membership organization |
| International Paralegal Management Association (IPMA) | a national association of legal assistant managers |
| registration | the process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency |
| certification | a method of recognizing accomplishment administered by nongovernmental bodies |
| certified | the status of being formally recognized by a nongovernmental organization for having met special criteria, such as fulfilling educational requirements and passing an exam, established by that organization |
| certificated | the status of having received a certificate documenting that the person has successfully completed an educational program |
| licensing | the process by which governmental agencies establish standards (or adopt those of other groups) and then prohibit those who have not met these standards from working in that occupational field |
| legal aid services | programs that deliver legal assistance to the indigent |
| pro bono work | legal representation done without charge |
| partnership | a business run by two or more persons as co-owners |
| partners | receive a share of the firm's profits rather than a set salary |
| associates | employees of the firm who receive a set salary, along with bonuses, for their efforts |
| professional corporation (PC) | a professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment |
| limited liability partnership (LLP) | a professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners |
| sole proprietorship | a business owned by a single owner |
| investigators | often former law enforcement officers who located and interview witnesses, take photographs of accident scenes, and gather documentary evidence |
| general counsel | has responsibility for advising corporate officials on how to minimize legals risks and how to respond to legal difficulties |
| legal clinic | provides low-cost legal services on routine matters by stressing low overhead and high volume |
| legal services offices | legal aid services that serve those who would otherwise be unable to afford legal assistance |
| Legal Services Corporation | a federally funded program to deliver legal assistance to the indigent |
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