Paralegals

Are Paralegal Fees Recoverable? What is the ’s For more information regarding education and professional development for paralegals contact: Utilizing Paralegal hours are billable to the client and Responsibility? those fees are recoverable if the paralegal is per- A lawyer who supervises a paralegal: National Association of Legal Assistants (NALA) forming substantive legal work that would other- • must ensure that the paralegal’s conduct complies 1516 South Boston, #200, Tulsa, OK 74119 Paralegals wise be performed by an attorney, with the Kansas Rules of Professional Conduct; (918) 587-6828 • www.nala.org • must ensure that the paralegal is competent to In Missouri v. Jenkins, 491 U.S. 274 (1989), the perform the work assigned to him/her; U.S. Supreme upheld the practice of billing National Federation of Paralegal Associations (NFPA) • must not form a partnership or other entity with 23607 Highway 99, Suite 2-C, Edmonds, WA 98026 in Kansas paralegal hours at market rates, stating that “[b]y the paralegal for the purpose of practicing ; (425) 967-0045 • www.paralegals.org encouraging the use of lower cost paralegals rather • must not share fees with the paralegal; and than attorneys wherever possible, permitting mar- • must maintain ultimate responsibility for the ket-rate billing of paralegal hours encourages cost- paralegal’s work product. effective delivery of legal services...” Further, are increasingly prone to reduced fee awards when they determine that the work performed should have been done by a paralegal KBA Pamphlets instead of a lawyer. See, e.g., Lipsett v. Blanco, 975 As a public service of the KBA and the in your com- F.2d 934 (1st Cir. 1992). munity, the following pamphlets are available in limited quantities through the KBA office, 1200 SW Harrison, Topeka, KS 66612-1806; (785) 234-5696.

Can a Paralegal’s Name Appear Aging and the Law • The Automobile Accident • Child on Firm Letterhead? Custody, Support, & Visitation Rights • A Death in the Family... What Should I do? • Domestic Violence – A The KBA Professional Ethics Advisory Committee Practical Guide for Victims • Violencia Domestica – Guia authorizes the listing of the name of a paralegal on Practica para las Victimas • Divorce – an IRS Perspective the firm’s letterhead if the paralegal’s non-lawyer • Introducing Your Lawyer • Is a Living Trust for You? status is clearly indicated. • Joint Tenancy • Juror: Your Rights and Duties • Living Wills and the Durable Power of Attorney for Health Care Paralegals may also have business cards that clearly Decisions • Marriage & Divorce • Small Claims Court • What Lawyers and indicate their non-lawyer status and include the Stop, Look, and Check Before Buying a Home • Ways to name and address of the lawyer or firm for whom Settle Your Dispute • What Is ? • What’s So Im- Paralegals Must Know portant About a Will? they work. Prepared & issued as a public service by

June 2012 Utilizing Paralegals in Kansas

Who is a Paralegal? Paralegal vs. Legal Assistant 3. Completion of a baccalaureate degree in any Paralegal Accountability discipline from an accredited institution and A paralegal is defined by the Official Standards Historically, the terms “paralegal” and “legal as- The paralegal is directly accountable to the lawyer. not less than one year of in-house training as a and Guidelines for the Utilization of Paralegals in sistant” have been used interchangeably. The term The lawyer maintains ultimate responsibility for paralegal. Kansas as follows: “A paralegal is a person quali- “legal assistant” is now being used to refer to po- and has an ongoing duty to actively supervise the or fied by education, training, or work experience sitions outside the paralegal definition, includ- paralegal’s work performance, conduct and work who is employed or retained by a lawyer, law office, ing legal secretaries and other law office support 4. Completion of an associate’s degree in any dis- product. corporation, governmental agency, or other entity, staff, and is no longer synonymous with the term cipline from an accredited institution and not and who performs specifically delegated substan- “paralegal.” Within the last few years, the term less than three years of in-house training as a tive legal work for which a lawyer is responsible.” “paralegal” has become the preferred term across paralegal. What is a Paralegal’s Duty Persons not meeting the definition of a paralegal the United States to identify highly trained legal to the Public? as defined by the Official Standards and Guide- support staff that perform substantive legal work. What Conduct is Prohibited A paralegal shall: lines for the Utilization of Paralegals in Kansas are discouraged from identifying themselves as para- by a Paralegal? • disclose to the client that he/she is not a lawyer What are the Qualifications legals. Lawyers are also discouraged from identify- A paralegal shall not: and cannot give legal advice; and ing non-lawyer support staff as paralegals unless for a Paralegal in Kansas? • accept cases; • follow the Kansas Rules of Professional he/she qualifies as a paralegal. Any lawyer employing a paralegal should establish • set fees for the services performed by the Conduct. guidelines as to the expertise, educational back- paralegal or the lawyer; A paralegal shall perform services for the public ground, and any other special requirements need- • give legal advice; only under the supervision of a lawyer unless oth- What is “Substantive Legal ed for the position. The KBA Paralegal Committee • appear, plead, try cases, or argue on behalf of a erwise authorized by law. Work?” recommends the following standards: client in a Kansas court or agency; or “Substantive legal work” is work that requires 1. Graduation from an educational program for • engage in any conduct that constitutes the knowledge of legal concepts and is customarily, but paralegals which has been approved by the unauthorized . not exclusively, performed by a lawyer. Examples ABA or graduation from a paralegal program of substantive legal work performed by a paralegal offered by an accredited institution which is in include: case development and management; inter- substantial compliance with ABA guidelines viewing clients; fact research and analysis; legal re- for paralegal education. search and analysis; and drafting legal documents. or Substantive legal work performed by a paralegal under the supervision of a licensed lawyer does not 2. Passing one of the nationally recognized ex- constitute the unauthorized practice of law. aminations designed for paralegals, such as the CP (Certified Paralegal) or the ACP (Ad- vanced Certified Paralegal) administered by the National Association of Legal Assistants, or the CRP™ (CORE Registered Paralegal) or the RP® (Registered Paralegal) adminis- tered by the National Federation of Paralegal Associations. or