Lesson 1 - The Paralegal in the Legal System

Question 1

What is procedural law?

Answer 1

Rules that govern the mechanics of resolving a dispute in court or administrative agency.

Question 2

What are the characteristics of a paralegal?

Answer 2

1. Acquired legal skills through education, training, or on-the-job experience
2. Works under attorney supervision
3. Performs substantive legal work that an attorney would have to do if they didn’t have a paralegal.

Question 3

Why do attorneys choose to work with paralegals?

Answer 3

1. Help keep costs down
2. Enables attorneys to do more work.

Question 4

What is AAfPE?

Answer 4

American Association for Paralegal Education, founded in 1981, serves paralegal education and institutions that offer paralegal education programs.

Question 5

What are the NALA membership tiers?

Answer 5

1. Active (only tier with voting privileges)
2. Student
3. Associate
4. Sustaining Membership.

Question 6

What are the characteristics of law?

Answer 6

1. Precision and attention to detail
2. Skills of listening
3. Thinking before responding
4. Focus on definitions and intentions.

Question 7

What are the two types of independent contractors?

Answer 7

1. Sell services to attorneys
2. Sell services to the public without attorney supervision.

Question 8

What is unauthorized practice of law?

Answer 8

The proffering of legal advice or services by one who is not a licensed attorney.

Question 9

What are the three main sources of controversy over document service providers (DSPs)?

Answer 9

1. Unauthorized practice of law
2. Organizations state the public needs to be protected from DSPs
3. Traditional paralegals resent them because they had to go through rigorous training.

Question 10

What is a paralegal?

Answer 10

A person who is qualified through education, training, or work experience and is employed by a lawyer, law office, government agency, or other entity to work under the discretion of an attorney in a capacity that involves the performance of substantive legal work.

Question 11

What is a pleading?

Answer 11

Complaint of plaintiff’s first court filing.

Question 12

What is fee shifting?

Answer 12

A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.

Question 13

In what situations does fee shifting occur?

Answer 13

1. Prior agreement
2. Bad faith
3. Special statute.

Question 14

What was the ruling in Missouri v. Jenkins?

Answer 14

The District Court correctly compensated the work of paralegals, law clerks, and recent law graduates at the market rates for their services.

Question 15

What is an amicus curiae brief?

Answer 15

A ‘friend of the court’ brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Question 16

What is the realization rate?

Answer 16

The percentage of the total amount billed by a timekeeper that is received by the law firm as income.

Question 17

What is the Rule of 3?

Answer 17

A general guideline used by firms to identify budget expectations from hiring paralegals; gross revenue generated through paralegal billing should equal three times the paralegal salary.

Question 18

What does a paralegal do?

Answer 18

They do the work that only an attorney would otherwise be qualified to do, including legal research, case development, planning, clerical work, filing, and keeping track of communications.

Question 19

Is a paralegal an attorney?

Answer 19

NO.

Question 20

What are the paralegal job duties?

Answer 20

1. Draft legal documents
2. Assist with trial preparation
3. Maintain calendars and monitor deadlines
4. Perform investigations
5. Interview clients and witnesses
6. Conduct legal research using technology.

Question 21

What ratio of Americans will have a legal problem?

Answer 21

1. 52%
2. 1 out of 3.

Question 22

What is NFPA?

Answer 22

National Federation for Paralegal Associations, the first National Paralegal Association founded in 1974, issue-driven policy-oriented professional association directed by membership.

Question 23

What is NALA?

Answer 23

National Association of Legal Assistants, the leading professional association for legal assistants and paralegals; works to improve the quality and effectiveness of the delivery of legal services.

Question 24

What are the two dimensions of legal education?

Answer 24

1. Rules - context of the law
2. Skills - practical techniques of using said context.

Question 25

What is substantive law?

Answer 25

Nonprocedural rules that define rights and duties.

Question 26

What are the essential performance tasks for paralegals?

Answer 26

1. Functions of courts, legislatures, and administrative agencies 2. Rules of professional responsibility (ethics) governing attorneys and paralegals 3. Rules of grammar and clear communications 4. Ability to state facts accurately and comprehensively 5. Basics of computer hardware and software on your desk and in the cloud 6. Ability to adapt to the different standards of different attorneys.

Question 27

What are the major organizations in the paralegal field?

Answer 27

1. NFPA (National Federation of Paralegal Associations) 2. NALA (National Association of Legal Assistants) 3. NALS (The Association for Legal Professionals) 4. SCOP (Standing Committee on Paralegals) 5. State bar association 6. Local paralegal association.

Question 28

What is a traditional paralegal?

Answer 28

A paralegal who works under the supervision of an attorney, usually in a law firm, corporate law department, or governmental agency.

Question 29

What is an independent contractor?

Answer 29

Self-employed person who operates their own business and contracts to perform tasks for others.

Question 30

What are the two broad categories of paralegals?

Answer 30

1. Litigation - work on cases in the pretrial stages of litigation 2. Transactional - provides assistance to attorneys with clients engaged in a large variety of transactions.

Question 31

What are document service providers?

Answer 31

Non-attorneys who work without attorney supervision to provide legal document assistance to individuals who are representing themselves.

Question 32

What is the absence test?

Answer 32

1. Most secretaries don't have the skills to perform the task 2. Most paralegals have the skills to perform the task 3. The attorney would have to perform the task if the office didn't have paralegals but did have secretaries.

Question 33

What is substantive legal work?

Answer 33

Nonclerical tasks that require legal experience or training; tasks that justify an award of paralegal fees.

Question 34

What are the four categories of paralegal fees?

Answer 34

1. Attorney fees are often calculated by the hour unless the client agrees to pay a set amount or percentage of whatever's recorded 2. Court costs 3. Special expenses 4. Operating expenses.

Question 35

What are the two sources of attorney and paralegal fees?

Answer 35

1. American rule 2. English rule.

Question 36

What is the American rule?

Answer 36

Each party in a lawsuit normally pays his or her own lawyer, whether the case is won or lost.

Question 37

What is the English rule?

Answer 37

The losing side in litigation must pay the winner's attorney fees.

Question 38

What are statutory-fee cases?

Answer 38

A case applying a special statute that gives a judge authority to order the losing party to pay the winning party's attorney fees (including paralegal fees) and costs.

Question 39

What is lodestar?

Answer 39

Method of calculating an award of attorney fees authorized by statute.

Question 40

What factors influence the growth of paralegalism?

Answer 40

1. The pressure of economics 2. The call for efficiency and delegation 3. The promotion of Bar Associations 4. The organization of paralegals.

Question 41

What does a self-employed paralegal do?

Answer 41

Seek their own business and work on a contract basis with lawyers or other appropriate organizations, only working on cases they are contracted to.

Question 42

What organizations have helped promote the field of paralegalism?

Answer 42

1. National Federation of Paralegal Associations 2. National Association of Legal Assistants 3. American Bar Association Standing Committee on Legal Assistants 4. State bar associations 5. Local paralegal associations.