WHO ARE PARALEGALS?
Remember Rachel Zane from Suits?
A paralegal is the professional of legal science that performs procedures autonomously or semi autonomously, as part of a legal assistance system, and performs tasks that require understanding of the legislation for its proper execution.
In other words, paralegals are professionals trained to assist lawyers in various legal capacities. Paralegal duties entail more responsibility than clerical tasks, and fall into a broad range of substantive legal work. Paralegals conduct factual and legal research, draft legal documents, work with clients, and manage cases. Many paralegals are involved in challenging and exciting assignments that would otherwise be performed by lawyers, but paralegals may not provide legal services directly to the public unless permitted by law.
ARE THERE PARALEGALS IN INDIA?
In India, no formal position for paralegals exist, however informally many advocates appoint paralegals to assist them with their workload. In fact, young law graduates who are working for senior lawyers often perform the same work as that of a paralegal. A paralegal in India is usually taken to mean a long-term intern who has not yet completed his or her degree in law. Once he or she does so and clears the Bar exam, they officially become an Advocate. Prior to that, however, they cannot provide legal services to people or represent their clients in the court of law. Nonetheless, as there is no formal educational courses for paralegals, most law interns or freshly graduated lawyers work as paralegals under senior attorneys. They do subordinate tasks while training under established lawyers.
SKILLS REQUIRED FOR BEING A PARALEGAL
Being a paralegal is a position of high responsibility, where people are relying on your work for their cases. Perhaps the only practical between a paralegal and a lawyer is that the former cannot represent a client in court or on paper.
Here are some of the important skills required for being a paralegal-
- High personal standards and positive work ethics
- Self confidence – persistence, assertiveness, initiative, and a self-starter
- Intellectual curiosity – dedication to continuing education and skill development, and a “need to know”
- Analytical skills – ability to identify the problem, to collect, organize, review, evaluate, and draw conclusions, and to develop strategies
- Organizational skills – systems orientation, ability to conceptualize and prioritize, and time management skills
- Detailed oriented – passion for accuracy, and follow-through
- Oral communication skills
- Written communication skills – command of grammar and the English language
- Interpersonal “people” skills – team player
- Common sense and good judgment
- Research skills – legal research and factual investigation
- Computer Skills – knowledge of word processing, spread sheet, database, presentation software, litigation support, and internet
- Desire and willingness to work in the legal area
- Ability to multitask
- Ability to work under pressure to meet deadlines
- Participation in Pro Bono work
- Ability to speak a second language but not required
DUTIES OF A PARALEGAL
- One of the most important roles of a paralegal is to assist their attorney in preparing for trials, hearings, and closings. A large part of this consists of conducting legal research and gathering relevant information to the case. This includes researching the facts of the case as well as identifying the appropriate laws, judicial decisions, and legal articles relevant to the case. The paralegal gathers and analyzes information, then prepares a written report that the attorney uses to determine how the case should be handled.
- Interviewing is another important part of being a paralegal. A paralegal normally does not conduct the initial client interview where the attorney obtains information about the legal problems of the client. However, they are often present in order to observe the questioning and take notes so they are prepared to conduct subsequent interviews with clients and witnesses. After locating and interviewing a witness, the paralegal prepares a memo summarizing the testimony for the attorney.
- A large part of a paralegal’s day is spent drafting legal documents. This can include drafting correspondence and pleadings, such as complaints, subpoenas, interrogatories, deposition notices, pretrial orders, and legal briefs with various parties. Paralegal training in the art of written communication is essential.
- In addition to these duties, paralegals are expected to handle administrative tasks such as filing papers, answering telephone calls, and maintaining and organizing reference files. Paralegals are often in charge of maintaining the schedule of their attorney, and spend some time of each day calling clients, lawyers, witnesses, experts and court personnel to schedule interviews, hearings, meetings, depositions, and trials. Paralegals may also handle any needed travel arrangements.
Paralegals are like legal agents of attorneys who help to reduce the workload. Paralegal position is not a specified formal post in India but it is a good learning opportunity for law students or newly graduated lawyers. Paralegals are training lawyers who intern under senior advocates to get experience in the legal field. Paralegal may also be employed by legal firms to do subordinate task which requires minimal legal knowledge.
Countries like United States of America, United Kingdom and Canada have formal positions for paralegal. They have specific courses and training programmes for people who want to work as paralegals. It takes around 2-4year to complete paralegal trainings. Their job might be similar to that in India but with a definite salary and official post.
YLCC would like to thank Nandinee Sharma for her valuable insights in this article.
