Ethics and Electronic Communication
November 29, 2010
Client confidentiality has long been the foundation for building strong relationships between lawyers and their clients. The advent of modern technology including electronic communication has added an important dimension to maintaining that trust. As paralegal duties expand they are often the person that a client communicates with most frequently. Understanding all issues that may pose a breach in confidentiality must be a high priority for all paralegals. Although the American Bar Association (ABA) addresses Model Rules of Professional Conduct, state regulations may differ and are highly influential with both ethics regulators and the courts of each state. There are also the lawyer’s or law firm’s rules of professional conduct that must be adhered to and in the end it is these codes that must be strictly followed.
Although the ABA does not consider confidential information sent by unencrypted e-mail a violation per se, there is an ethical duty to protect confidential client/attorney information and do include very specific guidelines. Lawyers, paralegals and all employees must ensure that reasonable precautions are taken whenever confidential information is being exchanged. It is therefore imperative that paralegals keep current of any new technological advancement which might result in information ending up in the wrong hands. The use of cell phones and other wireless devices are also relatively new threats to client confidentiality. Interception of information of any wireless device is greater than those that are land based. Lawyers and paralegals alike must be highly cognizant in discussing any confidential information over cell phones, wireless e-mails, etc.
Most accredited paralegal schools have incorporated the issue of confidentiality and modern technology into one or more of their paralegal courses to help students understand the seriousness of this type of breach. It is up to each paralegal to ensure that they fully understand the professional rules of conduct of the lawyer or firm they work for. Many legal assistants regularly enroll in online paralegal courses to keep abreast of new Model Rules and opinions that govern both the ABA and their state court system. Continually updating one’s skills will also go a long way in securing your position as a valuable member of any law firm.
Advantages in Expanding the Role of Paralegals
November 26, 2010
The roles of a paralegal within law firms have grown considerably over the years and continues to do so. Lawyers have begun to understand that much of the work they perform does not require a law degree and that they can significantly increase their profitability by focusing on the “business of law”. This has resulted in firms hiring paralegals who have taken more advanced paralegal courses during their studies.
Qualified employees within a law firm are restricted only by not being allowed to perform duties that are considered to be the practice of law. These restrictions are generally fashioned according the American Bar Association’s rule 5.5. The common functions that must be done by a lawyer in most states include:
- Take depositions
- Make legal decisions
- Appear in court
- Set fees
- Accept cases
- Plan strategy
- Give legal advice
Employees with that hold a paralegal certification can perform most other duties under the supervision of a lawyer.
Most accredited paralegal schools understand that today’s career paralegal must have knowledge in a wide array of legal topics. Continuing education is also an important consideration in order to stay in tune with changes in local and state laws. Online paralegal courses are an excellent way for paralegals to advance in their careers and be able to expand their role within a law firm.
While busy law firms understand the value of employing qualified paralegals to allowing them to focus on “the practice of law”, they also need to make certain that having paralegals in their firm is financially profitable. There are several key factors that law firms must adhere to in order to maintain and even increase their profitability through the use of paralegals, which are:
1. Hiring the right person – All legal assistants must have their paralegal certification and be experienced in the areas of law the firm practices. Time must also be taken to ensure that the person will be a good match for whomever they will be working for.
2. Dependability and trust – A paralegal must have the confidence in his/her work and abilities to gain the trust of both the clients and the lawyer.
3. Appropriate delegation – It is not profitable to assign work to a paralegal that can be done by a file clerk, receptionist, etc. All assignments should relate to work that can only be performed by a qualified legal assistant.
There are other factors that lawyers must consider to maintain their profitability but the fact is that under the right conditions, the financial status of a law firm can be increased with the right paralegals.
How Much Does a Paralegal Earn?
November 23, 2010
The salaries for paralegals will depend on several factors. Firstly there are many different types of paralegal courses one can take such as a certificate course, Associate’s or Bachelor’s degree. One can also enroll in online paralegal courses and with the right accredited school, the method by with you learn will not affect the validity or content of the program. Upon graduation from all paralegal schools, one must pass their state’s paralegal certification exam in order to secure a job.
Two other factors that will affect how much a paralegal can earn are the particular industry and which state one is employed in. The most common industries for paralegals are law firms, government, insurance, insurance defense and litigation offices. The salary range throughout the United States can vary significantly and one can expect to earn anywhere from $38,000 to $60,000 annually. While this may seem like a huge disparity one must consider such factors as the cost of living that exists in not only the state but the city one will be working in. Some of the typical salaries earned on both an hourly rate and annually are as follows:
- Arizona hourly $23.00 annually $48,000
- California hourly $27.00 annually $56,000
- Florida hourly $21.00 annually $45,000
- Hawaii hourly $23.00 annually $48,000
- Indiana hourly $18.00 annually $39,000
- Maryland hourly $23.00 annually $48,000
- New York hourly $27.00 annually $57,000
- Oregon hourly $23.00 annually $48,000
- Texas hourly $23.00 annually $48,000
- Vermont hourly $24.00 annually $50,000
Paralegal programs are a relatively new field of study having only received recognition in the late 60’s with both accredited paralegal schools and the job market steadily growing. Whether one chooses to enroll in paralegal courses online or a traditional on-campus school it is recommended that you attend a program that is approved by the American Bar Association. This way you will be certain that whatever paralegal courses you decide to take; they will adequately prepare you for your paralegal certification exams.
What Topics Do Paralegal Courses Cover?
November 20, 2010
The specific paralegal courses students are required to take will, for the most part, depend on whether you are enrolled in a certificate, an Associate or a Bachelor’s Degree program. There are however several core subjects that are mandatory for all paralegal programs. These may include:
- Contracts
- Legal Ethics and Personal Responsibility
- Torts and Personal Injury
- Research – Civil Litigation and Writing
Torts and Personal Injury – This is by far one of the courses that all paralegal schools should be including in their curriculum. It deals with civil laws that affect our everyday actions and interactions such as, negligence, liability, nuisance, invasion of privacy, defamation and more. Focus is generally placed on personal injury and how to document and evaluate claims.
Contracts – Just as tort law is fundamental to our every day lives, contract law is also an essential topic as it encompasses the commitments made between people. All aspects of contracts are explored, from their creation to their termination including how contracts can or cannot be entered into. Specific topics covered should include breaches of contract, statute of fraud, oral contracts and more.
Research and Civil Litigation – This is the area that lawyers most depend on with paralegals. Students will learn about both the plaintiff’s and the defendant’s viewpoint in civil litigation cases. Topics covered should include proper counseling of clients, the process of discovery and investigation methods, motions, drafting a complaint or summons, briefs, pleadings, etc.
Whether students enroll in traditional, on-campus programs or paralegal courses online, it is important to verify the school’s accreditation standing to ensure that they will be eligible for their paralegal certification exams. Other courses that will likely be included in all paralegal programs may include:
- Domestic Relations
- Criminal Law
- Federal Income Taxation
- Business Law and Bankruptcy
- Patents, Copyrights and Trademarks
- Trusts, Estates and Wills
- Preparation of Legal Documents
- Real Property
Once students have successfully completed the program, they will be required to take their certification exams. A certificate program is ideal for those who want to enter the work force as quickly as possible as one can complete the course in as little as 7 months, depending on their paralegal course load.
What Paralegal Jobs Can I Do?
November 17, 2010
Paralegal courses are ideal for those who want to work in the legal field without spending years in university to become a lawyer. There are a number of accredited schools that offer different levels of study including online paralegal courses. A certificate program in paralegal studies is certainly the quickest path however; one can also earn their Associate’s or Bachelor’s degree. Paralegal courses online can be completed in as little as 7 to 17 months depending on the course load one chooses.
A paralegal or legal assistant performs specific tasks that a lawyer would otherwise have to undertake. They have a wide range of duties with restrictions that would be construed as giving legal advice, practicing law, setting fees or acting as counsel. Paralegals can however get involved in many investigative aspects of a case. Some of these duties might include:
- Studying specific articles pertaining to a particular case
- Examining prior relevant legal decisions
- Identify precedents
- Preparation of documents for depositions, trials, hearings, etc.
Paralegal programs will also teach students to prepare draft pleadings, court motions and other forms of legal paperwork necessary for a lawyer to make his/her legal arguments. Other common duties of a paralegal may include drafting documents such as shareholder agreements, contracts and trademark registration applications.
Whether students enroll in on-campus or online paralegal courses, it is essential that the program include topics that will teach them how to distinguish between duties that must be performed by a lawyer and ones that a paralegal or legal assistant may undertake. It is also highly recommended that upon successful completion, all students apply for their certification. Although certification is not mandatory in all states, those that have passed their paralegal certification exam will have many more employment opportunities than those without their certification. Those looking to hire a paralegal for their firm want to be certain that prospective employees will take their role seriously and that they have taken the extra initiative to pass their exam.
Online Paralegal Courses
November 14, 2010
As a first step it is wise to perform a college search or consult a guidance counselor at a college or university so that you know exactly what’s required for you to enter the workforce and receive employment that pays a descent wage. Often these education buffs also have inside information about the industry that can lead to solid job leads and tips on what employers are looking for. After you are sure that being a paralegal is right for you and are aware of what is involved in getting you to your goal it’s time to research online schools to find the courses you need. Most websites that offer diploma programs and online paralegal courses will give you an outline that describes the curriculum and what books and study materials will be expected from the student.
Problems Finding The Right Online Paralegal Courses
A friend of mine’s girlfriend decided to take some online paralegal courses and she spent less than 6 months in training. She said it wasn’t easy and that the instructors were not very helpful when she was having difficulty. Also the testing procedures were always open book and it seemed that the online school she chose wanted to demonstrate a high graduation rate. She claimed that there were never any hands on work and that the whole premise of the course revolved around memorizing books. After she completed the paralegal course she did not feel confident and felt under educated about the Criminal Justice system.
She unfortunately did not take the time to seek out an online program that met here expectations. However, she did consult with a student counselor and managed to get a great job lead that turned into a full time position working at a law firm. She has been there for about a year now and recently received a 5000$ raise for her hard work. Now I would like to believe that things always have a happy ending but it just isn’t so. For those who have taken the necessary precautions before signing up for online paralegal courses the results can be very rewarding. Positions for legal assistants and paralegals pay on average between $45,000 and $55,000 a year depending on the level of education.
The job duties are quite diverse and they include basic office work such as filing, researching, creating legal documents and assisting lawyers who are preparing to enter the courtroom. Preparing for court hearings requires the paralegal to gather all the pertinent information required by the lawyer and to basically cross all the “T’s” and dot all the “I’s” when it comes the preparing drafts. There are literally thousands of online paralegal courses to choose from and hundreds of schools. However, there are only handfuls that prepare you properly to take the American Bar Association exam. Passing this exam is high recognized in the industry and can really open up a lot of doors in respect to job opportunities.
There are basically three different online paralegal courses you can take that include a 2-year diploma program and paralegal certificate, and a bachelor’s degree. The certificate is required to become a legal assistant, which will allow you to apply for positions in government and the public sector. Becoming a full fledged Paralegal can only come by completing your bachelor’s degree at a recognized online school. Paralegal students will learn the basics about the judicial system and learn the processes in place to deal with those who have fallen into a criminal life. To become a paralegal it is important to have a genuine interest for the laws in your county of origin and know the importance that our legal system holds.