NCJ Number
53486
Journal
Clearinghouse Review Volume: 9 Issue: 12 Dated: (APRIL 1976) Pages: 851-861
Date Published
1976
Length
11 pages
Annotation
AN OVERVIEW OF PARALEGALISM IS PRESENTED, WITH EMPHASIS ON FACTORS IN DETERMINING WHAT FUNCTIONS MAY BE LEGALLY PERFORMED BY PARALEGALS.
Abstract
SOME OF THE PROBLEMS FACING THE LEGAL PROFESSION ARE NOTED, AS ARE WAYS IN WHICH PARALEGALS CAN OFFER SOLUTIONS. PARALEGAL FUNCTIONS AND TRAINING PROGRAMS ARE DESCRIBED BRIEFLY. STATUTORY AND JUDICIAL AUTHORIZATION FOR PARALEGAL ACTIVITIES (I.E., AUTHORIZATION FOR NONLAWYERS TO ENGAGE IN LAW-RELATED ACTIVITIES) IS DISCUSSED. THE AMERICAN BAR ASSOCIATION (ABA) CODE OF PROFESSIONAL RESPONSIBILITY PROVISIONS RELATED TO AUTHORIZATION OF PARALEGAL PRACTICE UNDER THE SUPERVISION OF AN ATTORNEY ARE REVIEWED. U.S. SUPREME COURT DECISIONS REFLECTING A LIBERALIZING TREND TOWARD ALLOWING NONLAWYERS TO PEFORM FUNCTIONS WHICH AT ONE TIME COULD BE PERFORMED ONLY BY ATTORNEYS ARE CITED. FACTORS IN DECIDING WHETHER A PARTICULAR ACT BY A PARALEGAL CONSTITUTES UNAUTHORIZED PRACTICE OF LAW ARE CONSIDERED. THE ECONOMICS OF PARALEGAL EMPLOYMENT IS DISCUSSED BRIEFLY, WITH REFERENCE TO AN ABA STUDY THAT CONTRASTED INCOME AND TIME ALLOTMENTS UNDER THE TRADITIONAL LAW PRACTICE APPROACH AND THE LEGAL ASSISTANT/LAW CORPORATION APPROACH. THE FINDINGS OF THE NATIONAL PARALEGAL INSTITUTE'S 1975 SURVEY OF STATE BAR ASSOCIATIONS REGARDING PARALEGAL ACTIVITIES ARE SUMMARIZED. RECOMMENDATIONS FOR ENHANCING THE PREPARATION AND UTILIZATION OF PARALEGALS ARE OFFERED. IT IS CONCLUDED THAT, EQUIPPED WITH TRAINING, MANUALS, AND CHECKLISTS AIDED BY STANDARDIZED PROCEDURES AND FORMS, AND SUBJECT TO CAREFUL SUPERVISION BY ATTORNEYS, PARALEGALS CAN CONTRIBUTE GREATLY TO THE SATISFACTION OF WELL-DOCUMENTED NEEDS FOR LEGAL ASSISTANCE. STATE LEGISLATURES, STATE COURTS, AND THE ABA ARE URGED EITHER TO MEET THE PUBLIC'S LEGAL LEGAL NEEDS OR REEVALUATE THEIR POSITIONS ON WHAT CONSTITUTES THE PRACTICE OF LAW, WITH A VIEW TO TURNING OVER CERTAIN CURRENTLY PROSCRIBED ACTIVITIES TO SKILLED, SUPERVISED PARALEGALS. (LKM)