Law 20The Legal Team & Regulation of Lawyers

The Legal Team

o Attorneyso Partner/Shareholdero Managing Partnero Associate Attorneyo Lateral Hireo Nonequity Partnero Staff Attorneyo Contract Attorneyo “Of Counsel”

o Legal Administratorso Legal Assistantso Office Managerso Law Clerkso Law Librarianso Legal Secretarieso Clerks

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“Paralegal” - ABA Definition

o American Bar Association:o A legal assistant or paralegal is a

person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.

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Paralegal - NALA Definition

o National Association of Legal Assistants (NALA):o [l]egal assistants are a

distinguishable group of non-lawyers who assist attorneys in the delivery of legal services. Through formal education, training and experience, legal assistants 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.

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Paralegal - NFPA Definition

o National Federation of Paralegal Associations (NFPA):o A paralegal/legal assistant is 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. This person 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.

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Paralegal - California Definition

o Cal. Bus. & Prof. Code §6450 (2006):o “Paralegal” means a person who holds

himself or herself out to be a paralegal, who is qualified by education, training, or work experience, and who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity, and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California…or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her.

o Synonymous terms: paralegal, legal assistant, attorney assistant, freelance paralegal, independent paralegal, contract paralegal

Categories of Paralegal Practice

o Traditional Paralegalo Under supervision of attorneyo Law firm, corporate law department

or governmental agency

o Freelance or Contract Paralegalo Self-employed, independent

contractor who hires themselves out to attorneys for specific projects or tasks

o Independent Paralegalo Works directly for consumers

without supervision by an attorney.o Complete forms and agreements and

participate in real estate closings.

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Paralegal Compensationo Salaries vary greatly, depending on education, training, experience,

the type and size of employer, and the geographic location of the job. o In general, paralegals who work for large law firms or in large

metropolitan areas earn more than those who work for smaller firms or in less populated regions.

o In May 2006, full-time wage-and-salary paralegals and legal assistants had median annual earnings, including bonuses, of $43,040. The middle 50 percent earned between $33,920 and $54,690. The top 10 percent earned more than $67,540, and the bottom 10 percent earned less than $27,450. Median annual earnings in the industries employing the largest numbers of paralegals were:

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Federal Government $56,080

Management of companies and enterprises

52,220

Local government 42,170

Legal services 41,460

State government 38,020

Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2008-09 Edition, Paralegals and Legal Assistants, on the Internet at http://www.bls.gov/oco/ocos114.htm (visited January 2, 2009).

Types of Law Practice

o Corporate Law Practiceo large corporations, banks, retailers,

manufacturers, transportation companies, publishers, insurance companies, and hospitals, have their own in-house law departments

o Government Practiceo law departments for agencies,

district attorneys, city attorneys, attorney generals, and U.S. attorneys

o Legal Services/Aid Office (Legal Clinic or Public Law Office)

o Private Law Practice

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Types of Private Law Practices

o Sole Practitionero Small Law Firms

o fewer than 20 attorneyso “boutique law firm”

o specializes in only one or two areas of the law

o Medium-Size Firmso between 20 and 75 attorneys

o Large Firmso between 75 and several hundred

attorneyso Megafirms

o a thousand or more attorneyso Plaintiff/Defense Firmso Mergers and Acquisitionso Geographic Service Areas

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Legal Forms of Private Law Firms

o Sole Proprietorshipo Partnership

o two or more attorneys associate themselves together and share in the profits or losses of the business

o All the partners are jointly and severally liable for the actions of the firm and for the debts of the partnership

o Professional Corporationo allows a single shareholder or group of

shareholders from the same profession, to share in the outcomes of a business

o Shareholders not personally liableo Limited Liability Company

o allows for limited personal liability of company debts for owners, but is treated like a partnership for tax purposes

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Davis v. Alabama State Bar

o Pages 45- 48 of the Roper textbook.

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Regulation of Lawyers

o Codes of Ethicso ABA

o Canons of Professional Ethics (1908)o Model Code of Professional

Responsibility (1969)o Model Rules of Professional Conduct

(1983)o Ethics 2000 (1997)

o California has its own code of ethics

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Sanctions and Remedies

o Disbarmento CA State Bar Action

o Suspensiono Reprimando Legal Malpractice

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Regulation of Paralegals

o ABA Standing Committee on Paralegals

o National Association of Paralegal Assistants (NALA)o Certified Legal Assistant

certification programo Certified Paralegal

o National Federation of Paralegal Associationso Paralegal Advanced Competency

Examination

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