Paralegal Potpourri – Titles, Types, and Tribes

The legal profession has seen a proliferation of paralegal titles and job descriptions.  The trend will continue as several states consider regulating the profession and making distinctions between various  types of paralegals.  There has been much debate over who can and cannot call themselves a paralegal.  This article will take a look the most common titles, types, and tribes of the paralegal world.

Paralegal – The American Bar Association definition is, “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 and who performs specifically delegated substantive legal work for which a lawyer is responsible.”  California was the first state to enact legislation restricting  the use of the title “paralegal”  to those whose work is supervised by an attorney.

Legal Assistant – This term is commonly considered interchangeable with the term “paralegal.”  The ABA, The National Association of Legal Assistants and other organizations  use the terms interchangeably.  There are some paralegals however, who  have voiced concerns that legal secretaries use the title of legal assistant and that a distinction should be made between the two titles.

Freelance Paralegal – Sometimes called a contract paralegal.  Freelance paralegals (my tribe) are business owners who work for attorneys on an hourly or retainer basis.  They are experienced paralegals who can help firms on an as-needed basis.  Freelance paralegals are especially beneficial to small firms who may need additional  paralegal support, but cannot afford another full-time employee.

Virtual Paralegal –  Virtual paralegals (also my tribe) are freelance paralegals who complete paralegal work remotely.  The internet ushered in this new tribe of paralegals which is quickly gaining popularity in the legal profession.  Web-based file sharing and other types of software make working with a virtual paralegal seamless for attorneys who have embraced technology.  Virtual and freelance paralegals do legally substantive work supervised by an attorney.  They do not offer services to the general public.

Independent Paralegal – I find this is the most misused and misunderstood of all paralegal titles.  Independent paralegals provide services to the public without the supervision of an attorney.  Freelance and virtual paralegals are often miscategorized as independent since they are not full-time employees of a law firm or corporation.  Traditionally, independent paralegals have been considered the rebels of the legal profession.  Rosemary Furrmond and Peggy Muse are two famous “outlaws” for offering non-attorney legal services to the public.   Some states are now regulating and certifying limited non-attorney legal services (see below).  In the states that have not passed regulations, paralegals who offer services to consumers are guilty of the unauthorized practice of law.

Legal Document Preparer (LPD)  or Legal Document Assistant (LDA) –   An LPD is certified and regulated by the state and may offer assistance  directly to public. LPD’s assist consumers in preparing various tpes of legal documents without the supervision of an attorney.  Some states allow LPD’s  to provide general information to help consumers with the legal documents, but all states  prohibit them from giving legal advice.  LPD’s are popular with consumers who are handling their own legal matters because they cannot afford an attorney.   Divorce and bankruptcy are the most common areas of practice.  This tribe is one to watch as more states consider regulation and consumer demand for affordable access to the legal system continues to rise.

Temporary Paralegal – This genre is self explanatory.  I only want to make a distinction between temporary paralegals and freelance paralegals.  Freelance paralegals are typically small businesses that contract  with attorneys on an ongoing basis.   Temporary paralegals are usually obtained through large legal staffing agencies with a high turnover.  A temporary paralegal who works for a firm on one project may not be available to work on the next one.  A strong business relationship is formed  between freelance paralegals and their clients which is more efficient than breaking in a new temp with each new project.

This list could go on as the titles used for paralegals are as varied as the duties performed by paralegals. If you add paralegal credentials to the mix you have even more variety.  I am glad to work in a profession where one tribe does not fit all – I like the potpourri.