NCJ Number
53178
Journal
Baylor Law Review Volume: 30 Issue: 4 Dated: (FALL 1978) Pages: 841-852
Date Published
1978
Length
12 pages
Annotation
THE USE OF PARALEGALS TO PROVIDE MORE AFFORDABLE LEGAL SERVICES TO A GREATER NUMBER OF PEOPLE AND TO INCREASE ATTORNEYS' PRESTIGE AND INCOME IS EXPLORED.
Abstract
IT IS FIRST EXPLAINED THAT, AS A RESULT OF HIGH OVERHEAD COSTS AND THE RISING COST OF LIVING, LEGAL FEES HAVE RISEN BEYOND THE MEANS OF MANY PEOPLE. THE PRESTIGE AND PROFITABILITY OF THE LEGAL PROFESSION HAVE SUFFERED AS A CONSEQUENCE. IN CONSTRAST, THE MEDICAL PROFESSION IS EXPERIENCING GROWTH IN BOTH PRESTIGE AND INCOME. ONE FACTOR MAY BE THAT THE MEDICAL PROFESSION USES FIVE TIMES AS MANY PARAPROFESSIONALS AS DOES THE LEGAL PROFESSION. REASONS BEHIND ATTORNEYS' RELUCTANCE TO ACCEPT PARALEGALS, INCLUDING THE TENDENCY TO VIEW PARALEGALS AS COMPETITORS RATHER THAN ALLIES, ARE NOTED. THE FUNCTIONS OF PARALEGALS AND FACTORS IN THEIR INCORPORATION INTO LAW PRACTICES ARE DISCUSSED. A SYSTEMS MANAGEMENT APPROACH TO DELEGATING TASKS IN LAW OFFICES IS SUGGESTED. PARALEGALS' POTENTIAL AS REPRESENTATIVES OF CLIENTS IN ADMINISTRATIVE PROCEEDINGS AND AS WORKERS IN PREVENTIVE LAW (DETECTING SITUATIONS THAT COULD DEVELOP INTO LEGAL PROBLEMS) IS NOTED. THE IMPORTANCE OF PARALEGAL TRAINING IS DISCUSSED, AND AMERICAN BAR ASSOCIATION VIEWS ON PARALEGAL TRAINING PROGRAMS, CURRICULUMS, AND ADMISSIONS REQUIREMENTS ARE CITED. THE DEBATE CONCERNING CERTIFICATION AND LICENSURE OF PARALEGALS IS DISCUSSED, AS ARE ETHICAL CONSIDERATIONS THAT ARISE WHEN ATTORNEYS HIRE PARALEGALS. IT IS CONCLUDED THAT ETHICAL CONCERNS ABOUT UNAUTHORIZED PRACTICE OF LAW AND INFRINGEMENT ON THE ATTORNEY-CLIENT RELATIONSHIP ARE GROUNDLESS AS LONG AS ATTORNEYS SUPERVISE AND ACCEPT RESPONSIBILITY FOR THEIR PARALEGAL EMPLOYEES' WORK. (LKM)