Foundations Chapter 1 PowerPoint

1

Overview of the
Paralegal
Profession

Chapter 1 2


Role of the
Paralegal


Introduction to the Paralegal 3


Profession, Role of the Introduction to
Law and the
Paralegal, Law, and the Legal Legal System



System 4

Program
Overview



5

Key Takeaways








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1

What is a
Paralegal?



2
Paralegal
Education
Section 1

3

Paralegal
Specialties and
Overview of the Paralegal Credentials


Profession 4



Continuing Legal
Education



5
Regulation of the
Paralegal
Profession








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1| Overview of the Paralegal Profession:

What is a Paralegal?









 A paralegal is a person who is

qualified and retained by an

attorney to assist with legal

work


 Generally, legal assistants and

paralegals can conduct the

same work, although

sometimes “assistant” refers to

a secretary


 Paralegals can NEVER give

legal advice to clients, make

case acceptance decisions, or

set fees







© 2018 UEducate

1| Overview of the Paralegal Profession:

What is a Paralegal (Cont’d.)






 Typical paralegal duties include:






✓ Interviews

✓ Drafting correspondence

✓ Compiling and organizing evidence and other case-related documents
✓ Gathering evidence

✓ Monitoring case status

✓ Drafting pleadings and motions
✓ Summarizing witness testimony

✓ Performing legal research

✓ Filing documents with the court

✓ Case-related calendaring
✓ Coordinating depositions, conferences, and other meetings

✓ Docket control and deadline management

✓ Communicating with clients, vendors, court officials, other attorneys,
paralegals, and support staff





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1| Overview of the Paralegal Profession:

Paralegal Education







 Currently, there is no


uniform education

requirement for paralegals



 While some students learn

best in formal classroom


settings, others learn by


doing (hands on)


 This Program offers a

blended approach,


providing varied methods


in which to prepare for

your career






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1| Overview of the Paralegal Profession:


Paralegal Specialties and Credentials






 As with any profession,


paralegals can develop


specialties over time and

with practice



 Paralegals can also

combine their educational


and work experiences to

become credentialed in a


field


 Credentials are offered


through NFPA and NALA,


which also provide

networking opportunities



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1| Overview of the Paralegal Profession:

Continuing Legal Education







 Continuing Legal


Education (CLE) is

required for attorneys,


and can be utilized by


paralegals


 There are many ways to


obtain CLE credits, such

as online or in seminars


 You should always keep


learning and hone your


skills, given the

changing nature of the


law


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1| Overview of the Paralegal Profession:


Regulation of the Paralegal Profession











 There is no umbrella

authority to the


paralegal profession


 Registration is different


from licensing, as


registration is voluntary

and provides a chance


to demonstrate your

skills














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1| Overview of the Paralegal Profession:

Ethics Pause Point








 While the attorney position may be more heavily


regulated than that of the paralegal, ethical

obligations trickle down and affect the work


performed by the paralegal


 One of the most important ethical obligations of a


paralegal is the requirement that you never offer

legal advice. This may sound simple in theory, but in


practice can be tempting once you are familiar with


a legal topic and you feel qualified to answer a

client’s questions


 This rule, however, is a hard and fast one which


may never be violated under any circumstances





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1
Role of the

Paralegal in a
Law Office



2
Billing



Section 2 3

Role of the
Paralegal in
Other Settings
Role of the Paralegal

4

Which
Environment is
Right for Me?



5
Paralegal

Professional
Skills






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2| Role of the Paralegal:

Role of the Paralegal in a Law Office








 The majority of paralegals

work in law firms, as firms are

most likely to handle matters

requiring paralegal assistance


 Law firms vary by size and

practice area, and include

firms with multiple offices and

hundreds of employees, to

single-attorney practices


 Several other employees of a

law firm will make up a legal

team, including partners,

associates, law clerks,

librarians, and other support

staff


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2| Role of the Paralegal:

Role of the Paralegal in a Law Office



(Cont’d.)





 Small firms typically have 2-10

attorneys and associated

support staff. “Boutique Firm”
Adobe is the term for a firm which

178377783
specializes in a specific area

of the law


 Medium firms employ 10-50

attorneys and associated

support staff. They may include

more than one location

 Large firms have more than 50

attorneys and hundreds or

even thousands of employees

in total. They are known for

handling complex cases




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2| Role of the Paralegal:

Billing










 Attorney’s fees are fees charged
by an attorney for his or her

services. Both attorneys and
paralegals bill for their time
using the “billable hours”

concept

 Not all performed work is
considered billable, as most

administrative tasks are
considered non-billable

 Good timekeeping skills are
essential, in order to stay well-

organized and meet ethical
obligations

 Use the Timesheet throughout
the Program to track your time

for all work done for your five
assigned clients



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2| Role of the Paralegal:

Role of the Paralegal in Other Settings









 Employment


opportunities exist

outside of a law firm


which may be better


suited to your

preferences



 In-house is work for one

company, while


positions also exist in

government roles



 Freelance work allows

you to work for yourself




© 2018 UEducate

2| Role of the Paralegal:

Which Environment is Right for Me?







 Salary is always an


important factor, but

should not be the only


one to consider


 Look at the non-tangible


parts of a job, such as


advancement

opportunities and


responsibilities


 Evaluate using other


fulfillment factors, such as

firm culture and working


hours


© 2018 UEducate

2| Role of the Paralegal:
Which Environment is Right for Me (Cont’d.)








 Another important consideration should be the area of the

law in which you would like to focus. Here are some

potential areas of the law in which you can work as a

paralegal:





➢ Criminal Law and Criminal Procedure


➢ Elder Law and Healthcare Law

➢ Employment Law and Workers’ Compensation Law


➢ Family Law


➢ Foreclosure Law and Eviction Law

➢ Immigration Law


➢ Real Estate Law

➢ Tort Law


➢ Wills, Trusts and Estate Law


© 2018 UEducate

2| Role of the Paralegal:


Paralegal Professional Skills









 Beyond the classroom

training, paralegals should


possess certain skills and


attributes in order to

flourish


 Always continue to develop


your professional skills


throughout your career


 The legal field is built upon

trust and ethical practices;


never ignore ethical


concerns




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1
Section 3 What is Law?



2

Introduction to
Introduction to Law and the the Legal System


Legal System 3



Sources of Law





















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3| Introduction to Law and the Legal System:


What is Law?







 Defines a system and a

process, meaning both


norms to which we must

adhere, and a system which

enforces those norms


 All federal laws stem from

the U.S. Constitution, which


is the highest law in the land


 The terms “attorney” and

“lawyer” are used

interchangeably to refer to

one who is trained to


advocate on behalf of others

and provide legal advice



© 2018 UEducate

3| Introduction to Law and the Legal System:

Introduction to the Legal System










 The U.S. Constitution


provides for three

separate branches of


government


 U.S. Supreme Court


oversees the judicial

branch



 Under the Supreme Court

are Circuit Courts of


Appeal, which oversee 94


district courts






© 2018 UEducate

3| Introduction to Law and the Legal System:

Key Terminology – Legal System







 Supreme Court = Highest court in the land



 Circuit Courts of Appeal = Mid-level courts in the

federal system, hear federal appeals



 District Court = Trial court level in the federal system


 State Supreme Court = Highest court in each state


 State Appellate Level Court = Hear appeals of state


cases


 Trial Courts = Initial level of courts in the state


system


 Note that while all state courts have trial courts,


appellate level courts and supreme courts, they are

sometimes called by different names




© 2018 UEducate

3| Introduction to Law and the Legal System:

Sources of Law








 The U.S. Constitution is


the primary source of all

laws in the U.S.



 Primary authority is a

direct source of the law,


while secondary authority

compiles and analyzes


primary authority


 Substantive law addresses


legal topics, while

procedural law covers how


laws are implemented &


defended


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1

Overview of
Program
Structure:
Foundations and

Law Blocks
Section 4

2

Introduction to
Assignments and
Program Overview Virtual Clients

File



3

Creating and
Maintaining a
Client File













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4| Program Overview:


About the Program:


Program Description and Outcomes





Description Outcomes

The Program, through a skill-building and ➢ Applying ethics rules in
developmental approach that emphasizes the legal environment
application-based, incremental learning, ➢ Navigating procedural
prepares participants to transition from the rules for case
classroom to the legal community with a management and
comprehensive knowledge base for work as compliance
paralegals within legal and ethical ➢ Conducting electronic
parameters. Emphasis is placed on legal research using Lexis
foundational skill development. A building and Westlaw
block learning approach is taken, with focus
on legal terminology, sources of law, legal ➢ Constructing legal
research techniques, and legal writing analysis based on law
interpretation
strategies applied to core paralegal
functions and fourteen specific substantive ➢ Drafting legal documents
law areas. Skill sets are developed in the ➢ Using legal technology
core areas of law office technology and ➢ Exploring key components
operations, and administrative support for all of fourteen substantive
stages of the legal process. Participants areas of law
apply skills in progressive drafting ➢ Demonstrating
assignments, using multiple hypothetical fundamental and
clients, culminating in a Virtual Clients File substantive specific
ePortfolio of work to showcase abilities. skillsets associated with
career readiness


© 2018 UEducate

4| Program Overview:


Overview of Program Structure:


Foundations and Law Blocks





 This Program provides


foundations for skill-

building, such as


using court rules and

drafting documents



 Law blocks focus on

fourteen commonly


encountered

substantive law areas



 Legal technology and

research information


prepares you for your


career


© 2018 UEducate

4| Program Overview:

Introduction to Assignments and Virtual



Clients File






 Application-based
assignments provide a


portfolio of practical work
experience


 Meet your Virtual Clients,

who each present

different legal needs


 Your digital ePortfolio will

showcase the work

prepared for the student’s

five (5) different clients

housed in the Virtual
Clients File (VCF) which


will be placed in the
ePortfolio




© 2018 UEducate

4| Program Overview:

Introduction to Assignments and Virtual



Clients File (Cont’d.)







 Using information learned in the Program,

students will complete the following tasks in


Foundations:


➢Prepare a preliminary and follow-up interview questions

➢Draft a demand letter

➢Conduct legal analysis using the IRAC method


➢Prepare a complaint and summons

➢Draft discovery requests to parties and non-parties

➢Understand complex motion drafting and brief drafting

➢Drafting notices of appeal for substantive-specific legal

drafting

➢Demonstrate legal research proficiency in Westlaw and

Lexis






© 2018 UEducate

4| Program Overview:

Introduction to Assignments and Virtual



Clients File (Cont’d.)




Foundations Law Blocks


▪ Core skills will be learned, with ▪ E ach student wi l l be assi gned f our di fferent Law
assignments building in complexity B l ock cl i ents (one cl i ent per Law B l ock)
▪ One client will be assigned to each ▪ C l i ent assi gnments wi l l be posted i n the
student announcements bef ore the f i rst assi gnment f or
▪ Client assignments will be posted in each Law Bl ock
the announcements before the first ▪ A hel p document f or accessi ng Law B l ock cl i ents
Foundations assignment i s posted i n the A nnouncements
▪ A help document for accessing ▪ C l i ents and tem pl ates wi l l be accessed through
the V i rtual C onference R oom
Foundations clients is posted in the
Announcements ▪ A ssi gnments i ntroduce students to appl i cation -
based, entry l evel paral egal f orm com pl etion
▪ Clients and templates will be accessed ▪ N o rubri cs are used f or the Law Bl ocks
through the Virtual Conference Room ▪ S tudents wi l l be assi gned di fferent tem plates
▪ Templates (when applicable) are based on cl i ent f act patterns
viewable in Google Docs for editing ▪ Templates m ust be cut and pasted i nto the edi tor
▪ Some assignments are instructions or com pleted i n f i l labl e PD F f orms and upl oaded
only (no templates); these assignments ▪ Templates contai n di recti ons (som e i n bl ack text,
will be completed in the editor, in som e i n orange text)
Google Docs ▪ Inf ormation not speci fically provi ded can be
▪ Rubrics for Foundations assignments created by the student
are posted in the Announcements ▪ N o text col or, other than bl ack, shoul d be

▪ Once feedback is received, correct vi ewabl e i n student submi ssi ons
your assignments and load your work ▪ Once f eedback i s recei ved, correct your
into your ePortfolio to showcase your assi gnments and l oad your work i nto your
skills, abilities, and knowledge eP ortfolio to showcase your sk i lls, abi l ities, and
k nowledge

© 2018 UEducate

4| Program Overview:


Creating and Maintaining a Client File








 Creating and organizing a


client file is a common


paralegal task


 Sort documents by


category if working with a

hard-copy file



 Remember to account for

time spent organizing a


file


 Consider employer


preferences for any filing

or organizing system




© 2018 UEducate

4| Program Overview:


Creating and Maintaining a Client File


(Cont’d.)






 When creating a file, whether in hard copy or as part of a


digital filing system, you are likely to use the following


document categories:

• Correspondence


• Pleadings

• Motions


• Orders


• Discovery

 Maintaining all client information in the proper files can


help you to locate documents quickly and simply. As a

paralegal, you will be expected to be familiar with and


proficient in locating materials in a client file upon request.






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Section 5

























Section 5

Key Takeaways






























© 2018 UEducate

5| Key Takeaways:

Conclusion








 Paralegals assist attorneys with legal


representation issues


 Paralegals can work for law firms, the

government, in-house positions, or as freelancers



 The legal system is broken up into state and

federal categories, with both being subject to the


laws of the U.S. Constitution


 In this Program, you will build knowledge, skills,


and abilities that will transfer over to your career,

including drafting, file maintenance, and research



 You will also learn about key substantive legal

fields which are common in today’s law practices




© 2018 UEducate