NCJ Number
53013
Journal
Illinois Bar Journal Volume: 62 Dated: (APRIL 1974) Pages: 432-438
Date Published
1974
Length
7 pages
Annotation
REASONS FOR HIRING PARALEGALS, ETHICAL CONSIDERATIONS IN DETERMINING PARALEGALS' FUNCTIONS, AND PROFESSIONAL RESPONSIBILITIES OF ATTORNEYS AND PARALEGALS ARE DISCUSSED IN AN ARTICLE DIRECTED TO ATTORNEYS.
Abstract
GENERALLY, THE USE OF PARALEGALS BY ATTORNEYS IS COST EFFECTIVE. IF, BY USING A PARALEGAL, AN ATTORNEY WOULD SAVE 1 HOUR OF HIS OR HER BILLABLE TIME PER DAY, OVER A PERIOD OF 45 YEARS, THE TOTAL SAVINGS COULD AMOUNT TO AN ADDITIONAL $500,000 INCOME IN THE ATTORNEY'S LIFETIME. OTHER BENEFITS TO BE GAINED BY USING PARALEGALS ARE THE ATTORNEY'S FREEDOM TO SPEND MORE TIME ON TRULY PROFESSIONAL ACTIVITIES, THE LIKELIHOOD THAT MORE PEOPLE WILL BE ABLE TO OBTAIN LEGAL SERVICES, AND THE OPPORTUNITY FOR NONATTORNEYS TO ENTER THE FIELD OF LAW. A REVIEW OF THE AMERICAN BAR ASSOCIATION CODE OF PROFESSIONAL RESPONSIBILITY SUGGESTS THAT USING PARALEGALS IS ETHICAL. IN VIEW OF THE BENEFITS TO BE GAINED, IT MAY BE UNETHICAL NOT TO USE THEM. THE KEY TO THE ETHICS QUESTION IS THE ATTORNEY'S RESPONSIBILITY TO CLIENTS FOR ALL SERVICES PERFORMED BY THE PARALEGAL-EMPLOYEE. PARALEGALS SHOULD NEVER ENGAGE IN ACTIVITIES CALLING FOR 'LEGAL CREATIVITY' (E.G., INTERVIEWING A CLIENT OR ATTEMPTING TO DETERMINE WHAT ISSUES OF LAW EMERGE FROM A CLIENT'S STORY). SUCH FUNCTIONS ARE FEW, PARTICULARLY IN COMPARISON TO THE NUMBER OF ROUTINE TASKS TO BE PERFORMED IN THE LAW OFFICE. IF ATTORNEYS ARE TO BE HELD RESPONSIBLE FOR PARALEGALS' ACTIONS, THEN PARALEGALS MUST RECEIVE COMPETENT TRAINING SO THAT NEGLIGENCE IS MINIMIZED. PARALEGAL TRAINING SHOULD COVER PROFESSIONAL RESPONSIBILITY. IN FACT, THERE IS A GENERAL NEED FOR A SENSE OF PROFESSIONALISM IN THE PARALEGAL MOVEMENT, AND ATTORNEYS CAN PROMOTE THIS SENSE BY DEMONSTRATING RESPECT TOWARD PARALEGALS AND BY SHARING RESPONSIBILITIES WITH THEM. THERE MAY BE A NEED FOR A PROFESSIONAL CODE OF RESPONSIBILITY FOR PARALEGALS, FOR SPECIFIED STANDARDS OF PARALEGAL PERFORMANCE, AND/OR FOR LICENSING OR CERTIFICATION OF PARALEGALS. (LKM)