Posted by Ernest__CT on 7/14/06 6:53am
Msg #133115

For the Paralegals out there in Notary Rotary Land

In the context of these questions, I mean a Paralegal operating on her or his own, not working under the direct supervision of an attorney. Do Paralegals ever work NOT under the supervision of an attorney? If you would like to qualify your answers and/or expand the questions, that would be appreciated also!

Just what can a Paralegal do (by law) that a Notary Public can't do (by law)? Does it vary by state? (I'm assuming so.) Just what does Certification as a Paralegal buy you?

Reply by NCLisa on 7/14/06 7:08am
Msg #133117

In some states Paralegals can do simple bankruptcies, fill out the forms, etc, but not give legal advice. There are a few other areas in different states, where a paralegal can be used and not an attorney.

Paralegals working for themselves, normally do contract work for lawyers that can't afford to hire full time help, etc. In these cases, the paralegals are supervised by an attorney, their work is checked. A paralegal does far more than a notary public, I can do a real estate closing from start to finish, do a title search, draft pleadings, interview witnesses, put together trial exhibits, etc. I did these things while working for law firms, and while on my own.

Certification as a paralegal is not something that you do online like becoming a certified notary public. You find the best program you can, and go there. I got my certification at St. Mary's College of California in Moraga, which is still considered the #1 ABA approved program in the US. It also cost me $12,000+ to do so. Depending on which state you are in, certification greatly increases your salary. It did so in CA. Here in NC, the State Bar until several years ago, was against paralegals, said that no one but an attorney did anything of meaning in the office. Now suddenly they have started a bar approved cert program, but it is actually just to get more money out of a different group of people. For awhile it was going to be mandatory if you wanted to use the term paralegal, but several of us fought tooth and nail against that and won.

Reply by ColleenCA on 7/14/06 8:50am
Msg #133134

You do what I call the "grunt work", but you cannot give legal advice. You must work under the supervision of an attorney. I contract with a firm and work from home and that is my full-time job. I went to school for 2 years to earn my certification and it is basically the same first 2 years of classes for a 4 year law degree.

Reply by Korey Humphreys on 7/14/06 10:58am
Msg #133183

NCLisa

You wrote: **Certification as a paralegal is not something that you do online like becoming a certified notary public**

Actually some very good schools offer paralegal certification via the internet. When I became certified as a paralegal two years ago I went through http://www.theparalegalinstitute.com . The Massachusetts Bar Association and the National Association of Legal Assistants recommended this school. I have to admit that I was very pleased!

Now I am attending a “traditional school” for my Associates Degree in Paralegal Studies (not via the internet/correspondence) and am realizing that I am re-learning everything I already learned through the Paralegal Institute.

So can you earn your paralegal certification online? Yes you can. With online and/or correspondence schools you want to make sure that the school is (1) licensed, AND (2) accredited by the U.S. Department of Education.

Reply by NCLisa on 7/14/06 9:41pm
Msg #133307

Re: NCLisa

I should have said like a NSA certification. You went through an ABA approved program, you took classes, and you learned alot. I understood the original poster to mean getting certification like for the NNA, just pay to take a test and your "certified".

I love the internet, but would never have taken my paralegal cert courses there. Especially since I would have been lost the first time in the law library had the legal research and writing instructor not taken us there and showed us around.

Reply by Korey Humphreys on 7/14/06 10:49am
Msg #133177

**Do Paralegals ever work NOT under the supervision of an attorney?**

Yes. Some paralegals are considered independent paralegals whereas they work directly for the public.


**Just what can a Paralegal do (by law) that a Notary Public can't do (by law)?**

The term "paralegal" in previous years was synonymous with legal secretary, whereas persons having those titles were of considerably assistance to attorneys on a day-to-day basis, but did not exactly work independently of the attorney. That has all changed.

The services provided by most paralegals and legal secretaries are quite distinguishable in the current day. Paralegals are now proficient in conducting investigations, legal research and the preparation of pleadings, discovery demands, motions and briefs, without the assistance of an attorney. Courts throughout the United States are cognizant of this and, as a result, fees for paralegal services may now be recoverable in most cases wherever an award of attorney's fees or costs is available.

In Massachusetts non-attorneys may even represent people in Small Claims actions pursuant to the Uniform Small Claims Rule 7(e), which states: "non-attorneys shall be allowed to assist parties in the presentation or defense of their cases when, in the judgment of the court, such assistance would facilitate the presentation or defense." Depending on your case, our paralegals may assist you in this capacity.

In conclusion, retaining an independent paralegal is profitable to law firms, furthers public policy and provides quality legal services to the general public at a fair rate. Please note, however, that if you decide to use an independent paralegal, you must remember that we ARE NOT attorneys licensed to practice law and cannot give or accept fees for legal advice. (---yeah I copied it from my site---)



**Does it vary by state?**

Yes.



**Just what does Certification as a Paralegal buy you?**

Let's see..... it bought me a car.... clothes on my back.... food on my table.... lol


Go here for a brief introduction into the practice of paralegalism: http://manotary.cjb.cc/downloads/paralegalism.pdf

Reply by Becca_FL on 7/14/06 11:02am
Msg #133186

Korey

You and I did the same course. I'm only 3 credits from my AS degree. One of these days.....

Reply by Korey Humphreys on 7/14/06 2:05pm
Msg #133236

Re: Korey --- Becca

Same course meaning the text or school (the Paralegal Institute)?

Reply by BrendaTx on 7/14/06 2:14pm
Msg #133242

Re: Korey --- Hijack

I just did a nice little job for $150. I went to a person's house, dialed a number, swore them in and left while they did their telephone court hearing/ conference. Fax one page in, mail one page in. I won't post or say where I got the job because it's too good to pass around, but it definitely made my week. The second one the tx network has been called about in a month.

I thought maybe you do these kinds of jobs. Love 'em.

Reply by Becca_FL on 7/14/06 10:27pm
Msg #133311

Re: Korey --- Becca

Same type of course. I went to NIPAS n/k/a Kaplan College. I hope to finish my BS at the local community college someday.

Reply by Becca_FL on 7/14/06 11:12am
Msg #133189

I went to school for a career change. I always had an interest in the justice system and had very good research skills. The problem was, after receiving my certification, I decided I did NOT like working for lawyers. I worked p/t as a real estate assistance while taking classes so title work was an obvious perfect fit for me.

Many Paralegals in Florida have "store fronts" and prepare docs such as QCDs, Wills, Living Wills, AHCDs, divorce, bankruptcy, corporations, and even custody agreements.

Shoot - I gotta go. Honey's saddle bags are in and I have to go pick him up. I finish this later...sorry

Reply by Becca_FL on 7/14/06 11:56am
Msg #133200

Re: For the Paralegals Ernest...Part II

Paralegals that have their own shop walk a very thin UPL line. They can not give legal advice, but can draw a document with information given to them by their client. Some Paralegal shops have been shut down because the paralegal has crossed the line. The reputable shops do have legal council on staff, although not in-house.

Reply by Marlene/USNA on 7/14/06 1:14pm
Msg #133215

OT - Honey's saddle bags?

Is that the same as love handles?

Reply by Becca_FL on 7/14/06 10:19pm
Msg #133310

Re: OT - Honey's saddle bags?

Custom made for his Harley. LOL, Marlene! Honey has no saddle bags, just a big belly.