Paralegal Studies
Paralegals do, basically, the same work that an attorney does, with the exception of representing a client in court. However in the field of Workers’ Compensation, some paralegals are allowed to serve as hearing representatives in court. This is because Workers’ Compensation has its own legal system, separate from the courts that handle criminal, civil, family law and Probate actions.
A comprehensive program of paralegal studies should include the following sections:
Paralegals are widely used in Civil Litigation. Students becoming paralegals will be taught all of the time limits required in taking a case to trial and how to work within the civil court system. They will learn how to draft the Summons and Complaint to initiate the action. They will learn to draft and answer questions called Interrogatories. Paralegal students will learn all the court rules both statewide, federally and locally. Paralegals will learn how to take witness statements and how to summarize depositions. They also write Motions to the Court, which are very lengthy and have many strict time constraints. Paralegal students will learn how to fill out all of the forms for the civil courts, in addition to being taught the drafting of Mandatory Settlement and Trial Briefs.
Federal Civil Litigation includes the bankruptcy court. This is a very specific subsection of the law and has its own rules and procedures. Paralegal students will learn these and may even decide to specialize in Federal Law.
Paralegals students will learn about drafting court documents, instructing clients in bail procedures, taking witness statements and keeping up with criminal law time constraints and changes in the law.
Paralegal students will learn how to interview clients and obtain all of the details for a dissolution of marriage or custody proceeding. They will learn how to work with private detectives, how to draft court forms and briefs. They also will learn the many important time deadlines in family law and how to draft briefs.
The Probate courts handle distribution of a deceased’s property when there is no trust or will in place. Paralegal studies in this field will include how to write trusts and wills and how to probate an estate with the court. There are time limits, specific forms and trial briefs to learn about in the event of a will contest.
Paralegal students will be taught appellate procedures at the state and federal levels. Unlike other areas of the law, the appellate courts are even stricter than the state courts. It is the paralegal’s job to remain updated on every upcoming date and time constraint. In school, paralegal students will learn the differences between the state, federal and appellate court and how to maintain appellate cases.
Paralegals working in the field of Workers’ Compensation will find more expanded duties than in the other areas of law. Paralegal students learn how to create pleadings, briefs and court forms. They also may interview clients and have a caseload of their own, just like attorneys. Because of this, studies in Workers’ Compensation must cover how to handle as caseload from beginning to end, how to deal with clients at court and how to negotiate with other attorneys. A paralegal in some states can even try a case at court (under the supervision of a registered member of the Bar Association). Workers’ Compensation paralegals who act as attorneys are called Hearing Representatives.
Another important consideration in pursuing a paralegal degree or certificate is learning both sides of the law. For instance, the plaintiff side of a case is handled very differently than a defendant’s. In paralegal school, a student will learn the procedures for both sides.
Schools of Paralegal Studies:
Depending on what state a student resides in, he may attend an 18-month paralegal studies program at the junior college level and receive a Certificate or Associate’s Degree in Paralegal Studies. State colleges and Universities offer Bachelor Degrees in Paralegal Studies. Often a paralegal will get his paralegal degree, work for a law firm and eventually go to law school while working at the same law firm. If the paralegal is lucky, the law firm will pay for his law school, with a contractual promise that, when the paralegal finally gets his law degree and passes the Bar Exam, he will continue to work for that same law firm for a set number of years.
There are also private schools and private universities that offer paralegal studies programs for varying amounts of time from a year to four years while others offer breadth classes in more general areas of the law and elective courses in, say, probate law, federal bankruptcy law and other subspecialties. Generally, in these schools, students take the required breadth classes and specialize in two elective areas of law. For example, some paralegals end up working for probate law firms. They come into the office once a week, pick up the files that need work and do the work at home. There are also online paralegal studies programs.
Whether your educational goal is to become a paralegal, or you would like to use your paralegal degree as a bridge to becoming a lawyer, the legal field always needs paralegals.
