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The Role of the Paralegal Today California State University, San Bernardino CSUSB ScholarWorks Theses Digitization Project John M. Pfau Library 1994 The role of the paralegal today Marie C. Stortz Follow this and additional works at: https://scholarworks.lib.csusb.edu/etd-project Part of the Law Commons Recommended Citation Stortz, Marie C., "The role of the paralegal today" (1994). Theses Digitization Project. 886. https://scholarworks.lib.csusb.edu/etd-project/886 This Project is brought to you for free and open access by the John M. Pfau Library at CSUSB ScholarWorks. It has been accepted for inclusion in Theses Digitization Project by an authorized administrator of CSUSB ScholarWorks. For more information, please contact [email protected]. THEROLE OF THEPARALEGAL TODAY A Thesis Presented to the Faculty of California State University, San Bernardino In Partial Fulfillment ofthe Requirementfor the Degree Master ofArts , • in • ■ Interdisciplinary Studies by Marie C.Stortz June 1994 THE ROLE OF THE PARALEGAL TODAY A Thesis Presented to the Eaeultyof California State University, San Rernardino by Marie C. Stortz June 1994 Approved by: hl lH <7, Dr. Chair, Criminal Justice Dat! Dr. Paul Guynfon,Paralegal Studies .James D. Thomas,Politicar Scienee ABSTRACT The primary focus ofthis thesis is to examine the utilization ofparalegals in the job market. A summary and analysis ofthe paralegal role will include career development,level ofacademic education,and employment outlook. Interviews with key personnel in the field, such as Andrea S. Wagner author of "How To Land Your First Paralegal Job," and Barbara Clements Administrative Assistant for the California State Attorney General's Office will be conducted and assimilated into this thesis. An review ofthe literature in the field will also be examined and incorporated into my conjecture. The thesis cbncludes by hypothesizing upon the future role ofthe paralegal in the delivery oflegal services. Appendices are attached which describe the resources available for individuals interested in the paralegal field. Ill ACKNOWLEDGEMENTS My special thanks and sincere appreciation to Frances Coles,Doctor of Criminology,California State University,faculty advisor to the writer. Dr. Coles dedicated many hours ofdirection and assistance, as well as a great deal ofmoral support, during the preparation ofthis thesis. As a class instructor,she has always shown great concern and dedication to all her students. She has been a tremendous influence to me both as a class instructor and a student advisor. Her encouragement and advice will always be remembered. IV TABLE OF GONTENTS ABSTRACT ..... .; .iii AGKNOWLEDGEMENTS ...iv CHAPTER ONE .1 Introduction .1 Background 2 The Paralegal Field 5 Defining the Paralegal........ .9 CHAPTER TWO. ... .. ... L .... .35 Education, Training,and Skills .35 CHAPTERTHREE. ... ... .. ... .43 Paralegal: The Next Generation 43 APPENDIX A:LEGAL ASSISTANT ANDPARALEGALSCHOOL LISTING.........45 APPENDIX B:LEGAL ASSISTANT AND PARALEGAL,ASSOCIATION LISTING... 56 APPENDIX C:PARALEGAL TEXTBOOK REFERENCE .61 APPENDIXD:LAW DICTIONARIES/piRECTORIES AND OTHER REFERENCES..66 APPENDIX E:COMPUTERIZED LITIGATION SUPPORT .68 APPENDIX F:LEGALSPECIALTY AND SUB-SPECIALTY REFERENCES.........69 APPENDIX G:PARAI^EGAL JOB DESCRIPTIONS...........>...:...............70 BIBLIOGRAPHY.........,............ ..................... .. .75 CHAPTER ONE :Introduction ' The coricept ofthe paraprofessional has been accepted for years. Other fields of study,such as dentistry(dental hygienists)and medicine(paraniedics, nurses, etc.), have been using paraprofessionals for years. However,the legal profession hasjust begun to utilize the benefits ofparalegals. Why isthe paralegal profession one ofthe fastest growing careers today? First,it is a flexible profession. It can be a career in itself; a stepping stone to other careers, or an educational foundation for law or business school. Second,the profession evolved through necessity.Increased consumer demand for affordable legalservices,the overburdened court system,and the increased use ofparalegals by attorneys has made the paralegal profession a necessary element in the law,and a top career option in the legal industry. Third,the paralegalprofession is a nontfaditional and diverse career path. People considering a new career or reentering the work force,can quickly enter the legal profession without going to law school. Further, people can easily transfer their present educatiop andjob skills in to the paralegal profession, A medical nurse,for example,can utilized his/her knowledge ofmedicalterminology and procedure when he/she prepares legal documents. Simply put,the paralegal profession is the legal industry's response to the social, economic,and technological changes that have occurred during the past century.Changes 1 in peoples basic social attitudes have created higher expectations for fairness and justice. Growing public concern over worker safety,environmental pollution, and health care has prorhpted increased governmental regulations and laws. Advances in technology and communications have shifted our economy and work force from a production to a service-oriented society. These changes and others have resulted in a greater demand for legal services. Accordingly,the legal industry has responded in different ways,one of which is the legal paraprofessional. Background Despite the turmoil caused by the 1990 economic depression,there is widespread consensus throughout the legal community that the paralegal profession will continue to expand throughout the next decade. This consensus is supported by a 1992 report produced by the Bureau ofLabor Statistics.' The report projects that the paralegal profession will become one ofthe top thirty fastest growing occupations with the largest job growth occurring between the years of 1990-2005.In addition,the paralegal profession was rated thirteenth best out of250 in the 1992 Jobs Rated Almanac published by American Reference,Inc.. The criteria used in this particular study included,salary, work environment,employment outlook,job security, stress, and physical demands. However,the development toward the formal recognition ofthe paralegal profession did ' Kutscher, Ronald E. "Outlook 1990-2005: Major Trends and Issues." Occupational Outlook Quarterly. 6 (Spring 1992) : p. 2-5 Berman. Jay M.; andlCosca, Theresa A.) The 1990­ 2005 Job Outlook in Brief, fashington D.C. : U.S. Department of Labor, 1992, p. 6-41., ) not happen over night. The profession evolved gradually. During the past 25 years,tremendous changes have oceurred in our social and economic structures. As a prospering nation, we experienced changes in the basic sOcial attitude toward the poor,elderly, work,sex,the family unit, and the status ofwomen.The changes in social attitude helped heighten people's expectations offairness and justice. The new social conscience prompted a demand for an increase in the number offederal programs for the poor and elderly. Raised consumer eonsciousness led to a greater awareness ofconsumer rights and a consumer protection movement.Public coneem about worker safety, environmental pollution,and health care led to an increase in government regulations and complex laws.These changes and others created a demand for greater legal services. One resportse by the legal community was the creation ofa new paraprofessional-the paralegal. As more demands were placed on the legal system,it became apparent that the lawyer/secretary team could no longer handle the work load. As a result, legal secretaries began to perform more paralegal-type functions and fewer clerical ones,and the new profession was bom. The same can be said about public service paralegals. Federally funded lawyers in poverty law programs used the first paralegals to reduce the cost ofhelping low-income clients. Consequently,social workers employed in food stamp,public housing, medicare, and social security programs began to perform paralegal-type tasks as part oftheirjobs. In short,individuals who work in private law firms and federal government agencies have been performing paralegal-type functions for many years. One ofthe first steps toward the formal recognition ofthe paralegal profession occurred in 1968 when the ABA(American Bar Association)established its Special Committee on Lay Assistants for Lawyers.The committees purpose was to first, study how lawyers could effectively uSe nonlawyers,and second,to determine educational requirements and standards for paralegal education. The committee's initial conclusions were that the legal industry could profit from the use ofparaprofessionals. The committee has since changed its name to the Standing Committee on Legal Assistants. It continues to work with national paralegal associations toward the development ofstandards for paralegal education. In 1972:,the NationalParalegal Institute was established within the federal government's Office ofLegal Services. By 1975,the institute began training paralegals and other individuals in the delivery oflegal services to the poor and elderly. In addition. President Richard M.Nixon signed in to law a bill that created the Legal Services Corporation. The intended purpose ofthis corporation was to oversee a nationwide legal service program.The corporation used paralegals to help the poor and elderly in civil matters such as landlord-tenant disputes,job discrimination cases,and divorces. Another important step toward the recognition ofthe paralegal profession came with the emergence and growth ofparalegal educational
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