Paralegals And Document Preparation

If you live in one of the states which allow non-attorneys to work in document preparation, you have an exciting way in which you can put your paralegal knowledge to work. It is essential, however, for you to know in advance your particular state laws regarding this subject.

There are a number of positive aspects to working in document preparation. While you may have the option of either working for a document preparation service or having this as your own business, the latter has the potential to help you earn a very nice income, as well as being able to set your own schedule.

If you have a passion for the field you are working in and the job that you are doing, this is the most wonderful way to ensure that every day and every assignment is a new adventure. As each assignment that you contract will be different from the previous assignment, your enthusiasm and interest will continue to grow, and you will never need to be concerned that boredom will ever be a part of your work life.

Even in the states which do allow for document preparation to be done without a supervising attorney, there are a couple of very important facts which you must know and keep in mind. One point is that you can never misrepresent yourself as being an attorney if you actually are not one. This means that whether you work for a service or are in business for yourself, you must be honest with your clients regarding your status, as well as what functions you can and cannot perform.

Another important point is that if the law in your state allows you to do this type of work, you cannot solicite, offer, or provide these services outside of the jurisdiction. What this means is that you cannot take on clients who live in a location where this practice is deemed Unauthorized Practice of Law.

If you have a love of the legal field and also enjoy helping people on a one-to-one basis, working in document preparation can be a great option for you. In addition to the paralegal coursework which you have already taken, you can find resources on your own and even take classes to learn how to do this.

The two main factors in being able to do this type of work are having the knowledge of the necessary types of documents, and knowledge of procedure in your specific location. For example, if you are producing the documents for an uncontested divorce case, you will not only need to know what documents are required for such a case, but also the specific format for each one. Second, you must also know when, where, and by whom a document must be filed.

Although these days it is becoming more and more common for people to deal with their own documents, it is generally not in the best interest of an untrained, unqualified individual to attempt to produce his or her own legal documents from a template in a book or an online source. Many people do so simply because they cannot afford the high cost of consulting an attorney. You can provide these services at a much lower cost to them and a good income for yourself.

Paralegals And Notary Public Services

If you are a paralegal, or are planning to enter this career field, you might also like to consider becoming a Notary Public. Although states vary in their requirements for this, if you live in an area where your paralegal training also qualifies you to carry out the duties of a Notary Public, you will be providing a very valuable service to your community.

Whether you live in a large city or a rural location, you may have had the experience of not being able to find a Notary Public when you needed one. In addition, many Notaries are located in banks, post offices, and within other such businesses which often do not have business hours that are as convenient as many people need them to be. If you are qualified to provide this service, it can be both a very helpful way of assisting others, as well as a rewarding experience for you yourself.

Although the classifications of Notaries vary, also, providing this service generally includes the basic duties of administering oaths, being witness to the signing of a variety of legal documents, and placing your Notary Public stamp on each document to verify that you have personally carried out these tasks.

As each state varies in its laws regarding qualifications necessary in order to become a Notary Public, as well as differences in the processes for doing so, if you are interested in providing this service it is essential that you first find out the facts specific to your state. To illustrate how important it is to make certain of your state specific laws well in advance, it is interesting to note that while some states require nothing more than an application and an accompanying fee, others require a licensure examination, and yet others require a prospective Notary Public to be bonded before becoming able to practice. If all of this appears confusing, it need not be; all you really need to do is find out where your state laws stand, meet its requirements, and follow its procedure.

Although it is not likely that you can earn a comfortable living solely by providing Notary Public services, it is a great option to consider in addition to your regular paralegal job. If you are currently working for an attorney, he or she will probably be more than willing to help you get the information that you need regarding the requirements, regulations, and process for becoming a Notary.

If you have ever needed to get an important document notarized on short notice as most of us have! you are already well aware of the need for more people who are willing to provide this service, and willing to provide it at convenient times, in convenient places.

If you are considering taking on the duties of a Notary Public in addition to your regular job as a paralegal, you may be further spurred toward making the decision to do so when you realize exactly how essential this service is to the community.

Paralegals And Standards

Although negativity and popular opinion may suggest otherwise, attorneys are expected to abide by some basic standards both in their professional and their personal lives. A paralegal is expected to adhere to the same standards as an attorney. The reason for this is based on general common sense: when a person in the legal field upholds high standards, both individuals and the public as a whole are much more able to place their trust in him. In the legal field, such trust is essential.

Whether one's practice involves the sensitive subject of criminal law, the financial importance of tax or corporate or business law, or any other specialized or general law field, both the attorney and the assisting paralegal have the potential to effect significant change in a person's life, either for the better or for the worse.

While professional competence is undeniably important, the standards which the legal professional adheres to is also a factor. In addition to upholding professional standards in the workplace and when doing field work, the person's standards in his or her personal life are expected to be above reproach. The character points of integrity, ethics, and basic standards of morality, are not only required by the legal field but expected by the clients whom they serve.

As each and every client deserves not only competent representation but representation by those who take their role seriously, acceptable standards of behavior and lifestyle, absence of illegal drug use or abuse of alcohol, absence of prior criminal history, and the highest standards of both professional and personal ethics and integrity, are prerequisites and ongoing requirements for those who wish to be accepted into the paralegal field and continue to do well in it.

There is simply no legitimate place in the paralegal field for someone who is a recreational drug user, or someone who does not adhere to the laws in his or her jurisdiction, or other negative qualities which would not only diminish the person's capacity to conduct her job duties effectively but would also diminish both the client's and the public's trust in her.

As a practicing attorney is expected to follow the professional code of standards, so is a paralegal equally bound to it. While the direct wording of this code is quite clear, it is actually common sense for a person who wishes to not only do the best but also be the best that she can be, both in her professional and personal life.

The paralegal field will give you many interesting, positive, exciting opportunities. A very important part of it is the professional status that you will have in this line of work. You must, however, be completely willing and completely able to maintain the highest possible standards not only on the job but in all of the other areas of your life.

The legal field is not for everyone; before making the final decision as to whether it is the right one for you, you should first assess your attitudes and priorities in order to establish that the high standards set forth for this field are not a sacrifice but your chosen way of life.

Paralegals And The Professional Code Of Ethics

Although many paralegals work under the supervision of an attorney, paralegals are professionals in their own right. As many people still have the common misconception that a paralegal's place in the law firm consists of little more than being an underling to a superior, it might be a good idea to get a clearer view of the facts, and possibly set this misconception to rest.

The paralegal's professional status can at once be underscored by what is known as the Professional Code of Ethics. A paralegal is as equally bound to this Code as any attorney in the law firm. He or she is expected to adhere as strictly to the policies set forth in the Code of Ethics, and can face suspension or even termination from both the job and loss of credentials if he or she does not do so.

For example, one of the most significant points set forth in the Code of Ethics is that of privileged communications. A paralegal, no different from an attorney, a doctor, or a minister, is bound from disclosing information that he or she is told, has read, or learns, regarding the case and the client. As a paralegal who works in a law firm or for an individual attorney routinely has access to such information in general, and, in many situations, is the person who actually receives the information directly, the information can go no further than the attorney who is actively working on the case.

If someone does not recognize the paralegal in her professional regard, the person may assume that the paralegal is free to talk about a case. This is not true; for whether a paralegal is your best friend, your spouse, or a family member, she is never at liberty to disclose privileged communications. This is a fact which paralegals and the people in their lives must take seriously; for even talking about a case or a client in a vague manner can lead a paralegal to lose not only her job but her credentials to practice in the field.

One of the best ways to keep this in its proper perspective is to keep in mind that while you are working for an attorney, you are basically working for the client as well. The trust that the client places in his attorney, he also places in you. This is true whether you have had personal communications with the client, or whether everything you know about him and the case has come from the paperwork that you have been dealing with on a regular basis in the office.

In the legal field, violating a client's confidentiality is something which simply is not allowed, and cannot be allowed. Regardless of the specifics of the case, privileged communications is the client's right, and it is the responsibility of the paralegal as well as the attorney to ensure that this right is not violated.

Even for this reason alone, it is essential for anyone who plans to enter the paralegal field to not only be fully aware of her responsibility for professional conduct, but also be fully willing to adhere to it at all times.

Paralegals And Unauthorized Practice Of Law

UPL or Unauthorized Practice of Law is often one of the most dreaded terms for paralegals and attorneys alike. While the logical reason for this is that Unauthorized Practice of Law frequently results in the individual losing his or her credentials to practice, the additional factor is that states radically differ in what they deem Unauthorized Practice of Law.

In order for a paralegal to avoid potential repercussions, it is essential that she familiarize herself with the term as it is defined by the particular state in which she lives. Most states in America conclude that Unauthorized Practice of Law covers any legal advice or legal services which are rendered by anyone other than a practicing attorney. Such states require that any work or duties which are carried out by a paralegal must be done under the supervision of a practicing attorney, or acting on his knowledgeable behalf.

There are very few states which take a more lenient view of this subject. For example, California is one of the few states which allows for document preparation by non-attorneys. As long as the paralegal is not wrongfully misrepresenting herself as an attorney, or taking an attorney's role in court proceedings, she can earn a very comfortable living providing such basic services as preparing the documents for divorce proceedings and similar types of cases. Most states in America, however, do not go this far, and can legally prosecute a person who does this type of work for being Unauthorized Practice of Law.

The best way of finding out what the status of UPL is in your particular state of residence is to thoroughly investigate the facts. While preparing court documents, Wills, and other such services to the community can be an excellent business, obviously that is not the case if the state where you live considers it to be a crime. Some states are very clear as to what constitutes UPL, while others are vague enough in their definition that you in turn must be very clear in finding the facts. As there are serious penalties for UPL, it is in a paralegal's best interests to be completely knowledgeable about her state's specific laws on the subject, and to adhere to them one hundred percent.

If you work in a law firm or in an individual attorney's private practice, it is also wise to be aware of UPL. While the job consists of doing many tasks which are delegated to you by the attorney, you must be aware that his discretion does not include crossing the very fine line into Unauthorized Practice of Law.

Actually, in many cases, the responsibility for this falls more on the paralegal herself than on the attorney. In other words, if he is asking you to carry out a task in his behalf, you must know for sure in advance that a paralegal has the authority to do it. It does occasionally happen that an attorney loses his own license to practice law simply by assigning a task to a paralegal that she does not actually have the authority to do.

Whether you plan to work for an attorney, a law firm, or investigate the possibility of providing services, it is essential that you get the facts beforehand.

Where Can You Find Good Resources For Paralegals?

As a paralegal, it is essential to have good resources. This is true whether you are still studying, or whether you are already working in the field. Everything from the regions which offer the most jobs, particular hiring processes, salary information, and regulations surrounding educational requirements, are all topics that it is wise to keep up-to-date with their current status.

There are a number of good resources which will help you to stay well-informed on every aspect of the paralegal field. All you really need to do is make a bit of effort in making them an ongoing part of your life. One form of resource is a discussion group. You may wish to form or join such a group in your own locale; but branching out to the types of discussion groups that you can find online will provide you with a much wider range of perspectives from paralegals all over the United States.

In this type of discussion group, you will also have the opportunity to get to know many people who are in different stages of their paralegal careers-- from students to beginners to those who have worked in the field for many years. You will see that each person has his or her own very unique experiences, feedback, and viewpoints to contribute. If you take part in a discussion group on a regular basis, it will be a very positive experience.

On a wide scale, the National Federation of Paralegal Associations and the National Association of Legal Assistants are excellent resources. As most states have at least one and usually more associations for members of this field, most of these groups are connected with either one or the other of these nationwide Associations. In addition to providing a wealth of information regarding the essential aspects of the paralegal field, you can also find assistance in continuing your education and gaining a higher tier of certification. Becoming a member of either NFPA or NALA is one of the best decisions you can possibly make toward enhancing your career.

In addition to these interactive resources, subscribing to a trade magazine will also help to keep you well-informed and current in your field. "Legal Assistant Today" is one which you might like to consider. Although this widely-circulated magazine is available in print form, you can also find it online, which will give you the opportunity to check into the prior issues in the archive, as well as the current edition.

As the paralegal field is not an isolated type of work, seeking out all of the resources which are available to you will be a wonderful aid to your career. As this is a field where the more you know the better your chance of success, as well as the need to stay updated with all of the changes in the field, it is unwise to try to navigate all of the necessary information without electing to use a number of relevant resources. Whether you choose magazines, Association membership, or a combination of resources, you will find that they are a very positive influence on your career.

Credentials For Paralegals

As there are a number of different credentials for paralegals, you may be wondering what the difference is and why it is relevant. Especially if you are now planning to begin your paralegal studies, it is a good idea for you to be aware of these facts so that you can make the decision that is best for you.

One of the most important factors in deciding what type of credential you should work toward is your career goal. This factor in turn depends on the workplace in which you plan to eventually work. Law firms, private practice attorneys, various agencies and other businesses which hire paralegals all have their own very specific requirements as to which forms of education and credentials they will accept when hiring a paralegal to work for them.

Whether you have a specific workplace in mind yet or not, it is a good idea to check into whichever ones you are considering in order to find out as early as possible the type of credentials they will require you to have. You will find some law firms that will not hire a paralegal who has anything less than a college degree for a specific type of paralegal coursework, businesses which are willing to provide on-the-job training for someone who does not yet have any credentials at all, and virtually everything inbetween.

Even if the business where you wish to work does not have strict requirements, it is a very good idea to consider becoming certified anyway. In addition to providing you with better standing in the workplace, becoming certified will open up many new possibilities for you.

Although you may be quite satisfied with your job, certification will not only give you the chance for newer and better opportunities, but can also help you in gaining a higher salary where you do work. In the paralegal field, becoming certified is one of the most important examples of how putting a small amount of time and your serious effort into something will benefit you in the longrun.

When you are thinking about what form of credential you wish to work toward, it is also in your best interest to keep in mind your thoughts regarding career advancement. Even if you have a specific place in mind where you plan to work after you have completed your studies, you may later decide that you want a better or different job.

This possibility in itself is a good enough reason to not settle for the least that your prospective employer requires you to have, for it will prove to be much easier, less costly, and far less time-consuming in the longrun if you gain the highest credentials that you can in advance. In other words, even if your prospective employer does not need you to have anything more than a career diploma, it can very well be in your best interests to aim for a degree-- or, at the very least, certification so that you will have the opportunity to get an even better job later on if you decide to do so.

Knowing the requirements of the place where you want to work is important; but assessing your own future goals and the possibility that those goals may change is a very important, additional factor.