Unauthorized Practice of Law by Legal Assistants and Paralegals Research Paper

Unauthorized Practice of Law by Legal Assistants and Paralegals - Research Paper Example The ABA adopted in 1997 the following definition:   Ã¢â‚¬Å"A legal assistant or paralegal is a person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible.†   The ABA adopted in 1997 the following definition:   Ã¢â‚¬Å"A legal assistant or paralegal is a person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible.†   According to the National Association of Legal Assistants, or NALA, certain standard determines the qualifications of a paralegal (http://www.nala.org/98model.htm).   To be accredited a paralegal or legal assistant, one has to undertake the following:   1. Successful completion of the Certified Legal Assistant (CLA)/Certified Paralegal (CP) certifying examination of the National Association of Legal Assistants, Inc.;2. Graduation from an ABA approved a program of study for legal assistants;3. Graduation from a course of study for legal assistants which is institutionally accredited but not ABA approved, and which requires not less than the equivalent of 60 semester hours of classroom study;4. Graduation from a course of study for legal assistants, other than those set forth in (2) and (3) above, plus not less than six months of in-house training as a legal assistant;5. A baccalaureate degree in any field, plus not less than six months in-house training as a legal assistant;6. A minimum of three years of law-related experience under the supervision of an attorney, including at least six months of in-house training as a legal assistant; or7. Two years of in-house training as a legal assistant.   For purposes of these Standards, "in-house trainin g as a legal assistant" means attorney education of the employee concerning legal assistant duties. In addition to the review and analysis of assignments, the legal assistant should receive a reasonable amount of instruction directly related to the duties and obligations of the legal assistant.