NCJ Number
76153
Journal
Clearinghouse Review (April 1976) Pages: 851-861
Date Published
1976
Length
11 pages
Annotation
The limitations on paralegal practice, authorizations for paralegals engaging in law-related activities, and suggestions for expansion of those activities are explored.
Abstract
Paralegals work with lawyers and undertake some tasks formerly performed exclusively by lawyers. The Standing Committee on Legal Assistants has published a listing of the services which a legal assistant might provide under the supervision and direction of a lawyer. For example, paralegals working in a probate and estate speciality prepare detailed accounts, reports, and pleadings required. The variety of paralegal functions calls for flexibility and innovation in training programs, although every program should acquaint the paralegal with the general framework of the legal system. Authorization for nonlawyers to engage in law-related activities is either derived explicitly from statutes and court decisions or indirectly through supervision by an attorney who is subject to the Code of Professional Responsibility. The liberalizing trend of allowing paralegals to perform functions which at one time could be performed only by attorneys is reflected in several recent Supreme Court decisions, such as NAACP v. Button. Alternations of legal status by means of uncontested divorce, separation, change of name, adoption, or bankruptcy could be facilitated in an administrative process using paralegals when representation is necessary but the skills of a lawyer are not required. Paralegal responsibilities should be expanded along these lines. Seventy-nine footnotes are included.