Information on Corporate Paralegal Laws

• While lawyers are completely liable for all legal works, they also require the services of paralegals or legal assistants. However, despite doing tasks under the lawyer's instruction, paralegals are not allowed to take obligations requiring the practice of law. They can assume legal responsibilities though limited by the law. Some duties that paralegals are not allowed to do include providing legal advice, accepting legal fees for practice of law and presenting cases in court.

Use of Paralegals and Permissible Delegation

• Paralegal laws state that non-lawyer assistants or paralegals may provide legal services only under the direct supervision of a lawyer. Further, paralegals not employed under any specific lawyer or firm will not be allowed to carry out any services. The supervising lawyer is considered liable for the professional actions of the paralegal. It is also the lawyer's obligation to make sure that that the services carried out by the paralegal follows procedures under the Rules of Professional Conduct.

  Paralegals may perform usually done by a lawyer only if the lawyer assumes responsibility for the overall product of the tasks performed. Nonetheless, lawyers may not assign tasks which are not allowed under administrative regulations, court rules, statute and the Indiana Rules of Professional Conduct.

Prohibited Delegation and Duty to Inform

• While lawyers are generally permitted to delegate tasks to their paralegals, there are specific obligations they are not allowed to assign. These include creation and establishment of client-attorney relationship; setting amount of compensation and other legal fee charges; and providing legal advice to the client. Further, lawyers are required to inform the client, courts and colleagues about the employment of a paralegal. It is also important for lawyers to make sure that the client, courts and other lawyers understand that the paralegal was employed to carry out legal services but not to practice law.

Paralegal Profession Act

• The Paralegal Profession Act seeks to increase the credibility of practicing paralegals in the country. Under this law, an individual may be considered a paralegal only if the person has completed postsecondary education and training. Further, postsecondary education and training may include a bachelor's degree, associate degree, master's degree or post-baccalaureate certificate. The bachelor's and associate degree should be from a postsecondary institution recognized by the U.S. Department of Education. Individuals with a high school diploma who have completed continuing education may also qualify; the continuing education should be at least three hours. Subject areas include professional responsibility and legal ethics.