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Paralegal Professionals Discuss

"What is the Role of the Paralegal?"

by Tracy Kristjansson

7 December 2000

In today’s society, we are all familiar with the law profession. When thinking of the law, many of us may only be familiar with the lawyer, but behind the majority of every lawyer, is a hard working paralegal. Paralegal: A person who assists a lawyer in duties related to the practice of law but who is not a licensed attorney (Black’s 1136). John Marinan, an attorney at Katich, Werse, Petillo, said, "Paralegals are extremely vital to the legal profession. They in many respects are the unrecognized, the lube shall I say, that keeps the wheels of the profession moving."

What qualities are needed to be a successful paralegal today? A successful paralegal should be organized and flexible, and have an interest in the law. The law is run on many deadlines, papers to be filed and clients to be met with. Lawyers cannot do this alone, and that is where the paralegal comes in.

Over the years, there has been a bit of controversy in the comparison of a paralegal and a legal secretary. Dorothy Secol, a freelance paralegal, said, "…the difference is that the legal secretary usually can draft pleadings from models she has drawn before and has kept. The paralegal, in knowing the theory and the law, can draft a pleading from scratch because she knows the legal theorem behind the questions or the action."

Paralegals come with many different scholastic backgrounds. Lawyers go through such scholastic training to be who they are, usually seven to eight years. A paralegal on the other hand, may have minimal scholastic training. Some attend a two-year program, while others do a four-year program. Denise Vasil, a paralegal at Katich, Werse, Petillo and a learning assistant in the legal department of Brookdale Community College, said, "It depends on the student. There are a lot of students ready to go straight into a four-year program and stick with it, and there are students right out of high school who do not want to commit to anything that long. They are not sure what they want to do, so a two-year program is good for them. More education will never hurt. More attorneys want to see a bachelors degree."

What does a paralegal actually do in his or her job? Ms. Secol said, "I do everything an attorney does except give advice, set fees and go to court to represent a client. I also do the actual research and drafting of documents." Cindy Lopez, a paralegal and also the founder of NJParalegal.com, said, "The paralegal profession is a lot of research, but you do other jobs; investigating, lots of phone work (depending upon your type of law) and writing and analyzing".

Is a paralegal profession good if you have a family? Mr. Marinan said, "I think so, absolutely. It’s flexible. The law is open 24 hours a day. You control the schedule 75% of the time." Ms. Lopez said, "Yes, I know many paralegals who work from 9-3 and are home when their kids get off the bus. You are lucky to find employers who are flexible. Employers are becoming more understanding to family needs." Ms. Vasil said, "I think it is great. That is why I went back and got my second degree. My first job was a very corporate job, and I always wanted to go into law. If you have a computer at home and the software you need you can do it right out of you home. I know a paralegal who goes up to NY once a week and gets her files and works on them all week at home, then goes back the next week to take them back up."

One quality most needed to be a successful paralegal, is organization and flexibility. Ms. Vasil said, "The number one thing to be really successful in this field, is you have to be organized and have a really good sense of organization. Lawyers are notoriously unorganized and a good paralegal is going to be highly organized and be able to do that for the attorney." Mr. Marinan, an attorney for Katich, Werse, Petillo, said, "I haven’t crossed a paralegal yet that is not extremely focused or very dedicated and very knowledgeable."

Ms. Vasil, said, "Flexibility in the legal profession, is important. We are constantly working on deadlines. Something is always coming up. You can’t be so organized, that you’re inflexible. You might have to completely abandon one thing at the last minute, to jump into something else, that is due by the end of the day. When I go in, I start on one thing and inevitably I end up with something else, because someone comes back from court and says, ‘oh God we have to do this’".

Another important quality to succeed in the paralegal profession is, the desire to learn law. Mr. Marinan said,

Paralegals are very eager. They never become complacent in an area of the law. There is always a desire to learn. They remind you of perpetual law students, which in some ways are very good, because there is that constant hunger to learn. That is many times lost, in the practice of law. One of the sad things about practicing law as an attorney, is you spend more time balancing your business account with your trust account, and trying to bring business through the door. You spend less time looking at cases. I think paralegals have the best of all worlds. They’re in the legal profession. They’re not admitted, so you don’t have to deal with a lot of the ancillary mess that we have to deal with as admitted attorneys. They’re fully immersed in the law, and they spend more time in law libraries than lawyers do. Henceforth, know the law better than most lawyers.

Right now, Brookdale Community College offers an excellent paralegal program. It is ABA (American Bar Association) approved. That is really important, with the regulating of paralegals becoming a big issue. Ms. Secol, a freelance paralegal, said, "I think paralegals need to be regulated so that the standard of education is raised and our profession is held to a higher standard". Ms. Lopez, founder of NJParalegal.com web site, said, "I am for the certification of paralegals. Our profession has been fighting for credibility and professional status from the legal community for twenty years. I feel this certification brings that credibility and respect for us as professionals".

Ms. Vasil, a paralegal and legal department learning assistant at Brookdale, said:

Recently California, and I believe Wisconsin and maybe Oklahoma, California definitely, passed through their state legislation to adopt a registry for paralegals. Some people call it licensing. NJ has been batting it around for several years and now they have actually formed a committee that will really examine this issue in depth. Because California has adopted this, I think it will have a dominoing effect in other states and they will follow suit. One primary criteria was completion of an ABA approved program. Brookdale getting its ABA approval now, was not to soon. That will be one of the major criteria’s.

Mr. Marinan, an attorney, said, " Brookdale has an unbelievably phenomenal program. I would have no problem hiring someone coming from the Brookdale program, because I think it is phenomenal". Ms. Lopez, a Brookdale graduate, felt that Brookdale Community College’s paralegal program absolutely taught her the things she actually uses in her day-to-day job.

Do you feel that College taught you the things you actually use in your day-to-day job? Ms. Vasil, a Brookdale graduate, said, "Speaking of my paralegal degree, yes. I felt very confident going into my first job, that I had a background I knew exactly what I was doing, it was amazing. It was amazing to me because I never worked in a law office but I really knew what to do. The only thing I would suggest is computer classes. Our program doesn’t offer a lot, but we are improving that with our new program starting next fall".

Classes that are considered to be the most helpful are: Legal research and writing, Litigation assistance procedures and internship. Ms. Vasil, said, "I have my book right at my desk, I have always kept it there. I do litigation. That really gave me the nuts and bolts to what I am doing, and how to draft documents". Mr. Marinan, said, "All of them were. I don’t think there was any class that I took at Brookdale that I would weigh on more that the other".

Internship is a very vital part of your program. Mr. Marinan, said, "I think internships are valuable for both paralegals and law students. I think it takes you from what you learned in academia, and apply it in practicality. You can see the interaction between your formal legal studies and then put that into practum in terms of how to apply those legal principles you learned in a book and how you do it in a day-to-day situation. Internships are invaluable for anybody".

Ms. Vasil, said, "I think it is probably one of the best things you can do here. So many of our interns are offered employment after their internship. It’s the only way you get the hands on experience. Here, you learn things in class, but till your sitting there at the desk and an attorney drops that file and says, ‘will you begin doing this’, you have no idea that is what you will be doing".

If you are an organized and flexible person, who has an interest in the law, paralegal may be a great choice for you. It is a challenging and forever changing career. Just like the relationship of a paramedic and a doctor, a paralegal is just as important to a lawyer. The paralegal and the paramedic may not share equal amount of schooling, but they both share equal amount of love for their profession. It is a rewarding career that deserves respect. Whether you are single or married, children or no children, it can work for you.

Works Cited

Lopez, Cindy. E-mail Interview. December 4, 2000

Marinan, John. Personal Interview. Fairhaven Office. December 1, 2000

Secol, Dorothy. E-mail Interview. December 4, 2000

Vasil, Denise. Personal Interview. Brookdale Campus. November 28, 2000

Author's Biography:  Tracy Kristjansson is currently enrolled for the fall semester at Brookdale Community College, Lincroft, New Jersey, maintaining GPA of 4.0!  She is a member of Phi Theta Kappa Honor Society, a member of National Deans list and the 
Deans list in Brookdale Community College, Officer of P.E.C.E. (People for Early Childhood Education), and a member of the Brookdale Community College Paralegal Student Association.

All interviewees have given expressed permission to publish this report on NJParalegal.com.