Chapter 7: The Legal Profession

identify 5 types of settings in which paralegals may be found

(a) private law firms (b) law departments of corporations, banks, insurance companies, and other businesses (c) government (federal, state, and local) (d) legal service/legal aid offices (civil law) (e) special interest groups or associations (f) criminal law offices

Lawyer (attorney)

Individual who has completed the necessary requirements of education and training and who has been licensed to practice law in a jurisdiction

Multistate exam

Part of the bar exam that is a standardized exam administered to test the knowledge of general areas of law

Appellate Judges

Review cases that have been ruled on previously in a trial court

Advocacy

The process of representing the legal rights and interests of another person within the confines of legal proceedings in a branch of government

discuss the evolution of the paralegal profession

The profession was created in the 1960's in an effort to assist attorneys with their increasing caseload and extend access to the legal system to more socioeconomic groups

When can someone without a license practice law?

You can represent yourself without a license

how is the function of a qualified paralegal different from that of a legal secretary

a paralegal perform more legal duties than a legal secretary, they are still considered a non-attorney and cannot perform certain tasks

What two skills distinguish a licensed attorney?

advocacy legal advice and analytical ability

describe the special skills that a licensed attorney is expected to have

advocacy legal advice, analysis, and analytical ability

define the role of an administrative law judge

has the authority to render decisions involving governmental agencies

explain what is necessary to become a licensed attorney

must graduate from an accredited school, bachelor undergrad degree, pass the state bar exam, and some states test lawyer's analytical ability

what is the role of the law office administer

responsible for seeing that all attorneys and legal support staff in the office have coordinated schedules and maintain everything within the office

describe the skills that a qualified paralegal is expected to have

should be trained in legal writing, basic legal research, drafting of documents, client and witness interviews, investigative techniques, knowledge in law and terminology, and any other routine matters that arise in the case

Advocacy and advice are the cornerstones of the practice of law to the extent they require licensure

true

Advocacy and advice are the cornorstones of the practice of the practice of law to the extent they require licensure

true

Benefits of formal paralegal organizations include continuing education, job referrals, and advancement of the public image of the profession

true

Some individuals can enegage in the limited practice of law without a license to do so

true

Some individuals can engage in the limited practice of law without a license to do so

true

The potential consequences for an employee paralegal who engages in the unauthorized practice of law can include civil and criminal charges

true

explain the difference between a trial judge and an appellate judge

1. Appellate judges only review cases rendered by lower courts for. 2. Trial judges presides over cases in litigation within the court system

What is the difference between a certified legal assistant and a registered paralegal?

1. Legal assistant cannot establish attorney-client relationship, set legal fees, give legal opinions, or advice, or represent a client before a court unless authorized to do so. 2. The paralegal has special qualifications due to education, training, or on-the-job experience; The paralegal works under attorney supervision; and the paralegal performs substantive legal work that the attorney would have to perform if the paralegal were not present

Administrative Law Judges

Judges who preside over cases involving an administrative agency and an individual or entity that challenges the agency's action

Trial Judges

Judges who try cases in a court of original jurisdiction

Jurists (Judges)

Judicial officer who presides over cases in litigation within the court system.

Paralegal (legal assistant)

One who has training and knowledge in legal principles and practices and who supports and assists an attorney in the practice of law

A paralegal is actually the same as an experienced legal secretary

false

Before one can qualify as a paralegal, one must be licensed

false

It is advantageous to employ another attorney as a paralegal

false

It is just as advantageous to employ another attorney as a paralegal

false

Paralegals are regulated through educational institutions

false

The duties of a paralegal are interchangeable with an attorney

false

The primary responsibilities of a law office administrator usually include being a paralegal

false

The primary responsiblities of a law office administrator usually include being a paralegal

false